Matthew Ellidge
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  • Kieron Hill
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Profile Information

Company Name
Poppleton & Appleby
Current Position
Case Manager
Website
http://www.pandamanchester.co.uk
Industry
Corporate Recovery & Personal Insolvency
Describe your business
We are a firm of Insolvency Practitioners based in central Manchester dealing with all aspects of business recovery and personal insolvency work. From large companies, to sole traders, to individuals struggling with debt, we offer support, advice and solutions.

Comment Wall (7 comments)

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At 10:55am on November 15, 2013, Kieron Hill said…

Sorry Matthew URL doesn't work!

Is a company administrator able to make dismissals for economic, technical or organisational reasons (ETO) and then sell the business on without passing TUPE liability for them to the purchaser?
 
Yes, if the reason for the dismissals was to enable the company in administration to continue to trade, holds the Court of Appeal in Crystal Palace FC Ltd v Kavanagh and others.
 
The employment tribunal had found that the reason dismissals were made by the football club’s administrator was to continue trading the business, with an ultimate objective of selling it on to a purchaser waiting in the wings. It followed that the dismissals were made for ETO reasons so that liability did not pass to the club’s purchaser. The EAT rejected that approach as contrary to Spaceright Europe Ltd v Baillavoine. It held that the administrator's admitted intention of selling the club on meant that the dismissals could not be made for ETO reasons. That meant that liability passed to the Club’s purchaser.
 
The Court of Appeal finds that the EAT had been wrong to reverse the tribunal. Administrators “will almost always have a transfer of the undertaking as their ultimate objective” but that does not mean that the reason for dismissals made by them will always be to make the business more attractive to a purchaser. They can also be made to allow the business to carrying on trading. On the facts the dismissals at the Club had been made for that reason, so liability did not pass to the purchaser.
 
The case will be of considerable importance to insolvency professionals. It marks a partial retreat from Spaceright and a recognition (notably in the firm concurring judgment of Briggs LJ) of the importance of the wider policy objective of corporate rescue. 

At 10:55am on November 15, 2013, Kieron Hill said…

Hi Matthew, Sorry I've not been in touch since we met, I suddenly got bombarded with dismissal cases which take priority over everything!

However this came through from the court of Appeal today and I thought it may be interesting to you. You may have already seen it but just in case.

Is%20a%20company%20administrator%20able%20to%20make%20dismissals.docx

 

At 1:48pm on March 7, 2012, natasha przygodzki said…

Good Afternoon Matthew,

Welcome to OBN, I would like to speak to you with regards to Greater Manchester Chamber Commerce, It is the largest Chamber of Commerce in the UK with a 5,000-strong membership. We provide first-class business support to companies of all shapes and sizes through a range of sector-based membership services and networking opportunities, specifically tailored to meet the needs of your business.

please can you contact me when you are available to chat.

 

Kindest regards

Natasha 01618752314

Greater manchester chamber of commerce.

At 2:33pm on March 3, 2012, Kieron Hill said…

Hi Matthew welcome to the network

KIeron

At 8:44pm on March 1, 2012, Lisa Gee (Moderator) said…

Hi and welcome to OBN. Please give me a shout if you need any help.

Lisa

At 10:12pm on February 28, 2012, David Beharall (OBN Founder) said…

Welcome to OBN Matthew

At 4:32pm on February 28, 2012, Andy Hall (Moderator) said…

Hi Matthew, 

welcome to the network. 

Andy

 
 
 

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