TUPE and Mothballs: Crystal Palace FC Limited v Kavanagh and Others [2014] IRLR 139, CA

July 01, 2014

This article was authored by Dechert partner Charles Wynn-Evans and appeared in the Industrial Law Journal, Vol 43, No. 2, July 2014.

Crystal Palace FC Limited and Another v Kavanagh and Others1 addresses, in the context of transactions out of administration, the issue of the responsibility, as between transferor and transferee, for liabilities arising from dismissals of employees effected prior to a 'relevant transfer' for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ('TUPE'). In the course of considering the decision of the EAT2 upholding an appeal against the judgment of the employment tribunal, the Court of Appeal considered the proper approach to the application of TUPE in this context and raises some wider issues of principle concerning its interpretation.

1[2014] IRLR 139, CA.
2[2013] IRLR 291, EAT.