No 'personal reasons' defence in TUPE automatically unfair dismissals

This article addresses the implications of the Court of Appeal's decision in Hare Wines Ltd v Kaur & Anor [2019] EWCA Civ 216, a case in which I acted for the successful Claimant at first instance, in the EAT, and in the Court of Appeal.

The judgment clarifies the application of the 'sole or principal reason' test under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). It firmly establishes that employers cannot rely on a vague defence of 'personal reasons' to avoid liability for automatically unfair dismissal.

Key Takeaways

• The 'sole or principal reason' test is strict.
• Personal friction between employee and new management is often connected to the transfer itself.