Football club administrations and pre-transfer dismissals: a good result for the rescue culture

The Court of Appeal judgment in Kavanagh v Crystal Palace FC (2000), in which Walker Morris acted for the successful appellant, the purchaser of a business out of administration, determined an important issue involving the interaction of the law concerning the position of employees on the transfer of the undertakings of their employer and the regime governing companies in administration.

The appeal centred on the interpretation of provisions of the Transfer of Undertakings Regulations 2006 (TUPE). This legislation protects employees’ continuity of employment and terms and conditions of employment when an undertaking is transferred from one owner to another. Employees of the previous owner when the business changes hands automatically become employees of the new employer on the same terms and conditions.

Under Regulation 7(1) of TUPE, the dismissal of an employee with continuous employment of a year or more is automatically unfair where the sole or principal reason for the dismissal is the relevant transfer, or a reason connected with the relevant transfer that is not an ‘economic, technical or organisational reason’ entailing changes in the workforce…

If you are registered and logged in to the site, click on the link below to read the Walker Morris briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Walker Morris

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Kings Court
12 King Street
Leeds
LS1 2HL
UK
http://www.walkermorris.co.uk

Turnover (£m): 42.50
No. of lawyers: 188

Jobs