Sports lawyers at Walker Morris have won a major employment legal case in the Court of Appeal for Crystal Palace FC.
The case centred on the dismissal of a number of employees of Crystal Palace FC back in May 2010.
With the serious prospect of liquidation, the decision was taken to run the club with a skeleton staff in the hope that a sale could be made. As a result, Lisa Kavanagh, Kevin Watts, Elizabeth Roake and David Moss, plus 25 others, were dismissed.
The case concerned whether the four employees were dismissed in such a manner that the TUPE Regulations (Transfer of Undertaking Regulations 2006), which protects employees’ continuity of employment and terms and conditions, were transferred to the purchaser or alternatively whether this was not the case as the dismissals were as a result of economic, technical or organisational reasons.
It was held that the dismissals were made as a result of economic, technical or organisational reasons due to the fact that the administrator did not have sufficient funds to pay the employees without making such dismissals.
Walker Morris said that the judgment reinforces the original decision of the Employment Tribunal and provides an important clarification in relation to employment law, and in particular TUPE.