Hare Wines Ltd v Kaur & Anor

Hare Wines Ltd v Kaur & Anor

The principal reason for Mrs Kaur's dismissal was the TUPE transfer, as the employer only decided to dismiss her in anticipation of the transfer due to expected difficulties with a colleague who would become her manager. The transfer was not merely the occasion but the operative cause for the dismissal, making it automatically unfair under TUPE.

Parties
Appellant: Hare Wines Ltd; Respondent: Mrs Satwant Kaur; Respondent: H&W Wholesale Ltd (Dissolved)
Jurisdiction
England and Wales
Judgment Date
22 February 2019
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
TUPE Transfer, Automatic Unfair Dismissal, Reason for Dismissal, Employment Contract Transfer
Employment Law TUPE Transfer Automatic Unfair Dismissal Reason for Dismissal Employment Contract Transfer

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Parties

Hare Wines Ltd

Appellant

Mrs Satwant Kaur

Respondent

H&W Wholesale Ltd (Dissolved)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the principal reason for Mrs Kaur's dismissal was the TUPE transfer or personal animosity with a colleague
  2. 2 Whether the Employment Tribunal gave adequate reasons for its decision that the dismissal was automatically unfair under TUPE

Ratio Decidendi

The principal reason for Mrs Kaur's dismissal was the TUPE transfer, as the employer only decided to dismiss her in anticipation of the transfer due to expected difficulties with a colleague who would become her manager. The transfer was not merely the occasion but the operative cause for the dismissal, making it automatically unfair under TUPE.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Hare Wines Ltd is dismissed.
  • No costs are recoverable by either party in this court.