Transfer of Undertakings
The appeal is one in which no party other than the Appellant was represented. That representative, although experienced in the employment law field, is not a qualified lawyer. No authority was cited to the EAT, and the decision is one which should be treated with care.
However the EAT held that the ET erred in law in holding that, when an agreement for the transfer of a law firm became void by operation of s284 Insolvency Act 1986, there had nonetheless been a valid transfer within the meaning of the Transfer of Undertakings (Employment Protection) Regulations 2006 (‘TUPE’). The ET had not explained the legal basis for the distinction.
The ET also erred in dismissing a separate claim which was not before it and on which the Appellant had not been heard.
Citations:
[2021] UKEAT 0203 – 19 – 2903
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 December 2022; Ref: scu.661703