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TUPE: avoiding liquidation can constitute an ETO reason, confirms Court of Appeal

Kavanagh and others v Crystal Palace FC Ltd and another [2014] IRLR 139 CA

TUPE | automatically unfair dismissal | ETO reason

The Court of Appeal has held that, where the reason for a TUPE-related dismissal is to continue running a business and to avoid liquidation, this can constitute an economical, technical or organisational (ETO) reason entailing changes in the workforce, meaning that such a dismissal is not automatically unfair.