Primark Stores Ltd v Beck & Allders Department Stores Ltd (in liquidation) - New issues raised at pre-hearing review [2006] EAT

At a pre-hearing review the Birmingham employment tribunal ruled that the sale by Allders Department Stores (in administration) of part of its business to Primark Stores Ltd was a transfer within the meaning of the TUPE regulations and that therefore any claims by employees in that part of Allder's business should now be brought only against Primark.

However the TUPE issue had not been apparent from the pleaded facts and Primark had not come prepared to deal with it at the pre-hearing review.

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