This case is a good example of how the dismissal of an employee for a failure to follow an important protocol or rule can be unfair where the protocol or rule was not communicated effectively in the first place.
The Court of Appeal has held that, for there to be an automatic unfair dismissal under TUPE, there does not need to have been a particular transfer or transferee in existence or in contemplation at the time of the dismissal.
A model contract clause to oblige an employee to return all company property on the termination of their employment and to enable appropriate deductions to be made from their salary to cover the cost of the property should the employee fail to return it.
A model policy on the use of company property, which deals with the care of company property, consequences of misuse of company property, security of company property and return of company property.
The Court of Appeal has held that the transfer from a company in administration does not lead to an exemption from automatic employee transfer under reg.8(7) of TUPE.