The Court of Appeal’s decision in Hare Wines Ltd v Kaur highlights that employers cannot pick and choose who transfers when a business transfer is governed by TUPE 2006. Under Reg 7(1) TUPE 2006, a dismissal is automatically unfair where the sole or principal reason for the dismissal is the transfer itself. K and C worked for H&W and there was friction and difficulty in their working relationship. The business transferred to Hare Wines Ltd (HW Ltd) and K was dismissed. The CA agreed with the ET and EAT that the reason for dismissal was the transfer and thereby automatically unfair. This was because: (a) K was dismissed on the day of the transfer; (b) the poor working relationship pre-transfer at H&W had persisted for some time but there was no evidence suggesting it was cause for dismissal during K’s employment at H&W; (c) HW Ltd anticipated that there would be ongoing difficulties in the working relationship, so did not want K ‘on the books’; and, (d) HW Ltd therefore decided that it did not wish K’s contract of employment to transfer and communicated that wish to H&W.
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