Spaceright Europe Ltd v Baillavoine & Anor - Dismissal still connected to transfer even though transfer had not yet occurred or been formalised [2011] EAT

The transfer of an undertaking need not have taken place, nor the transferee specifically identified, at the date of the dismissal for that dismissal to nonetheless be connected with a transfer: the fact that it was done by an administrator to make the transfer of an undertaking more likely is sufficient for TUPE to apply.

Mr Baillavoine was Chief Executive Officer of Ultralon Holdings Ltd (UHL) which went into administration: Mr Baillavoine was dismissed by the administrator. On 25th June 2008 its business was sold to Spaceright - a TUPE transfer. Mr Baillavoine had lost his job, and shares he had in UHL were worthless - he was understandably suspicious, and claimed unfair dismissal.

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