Can there be a TUPE transfer if operations come to a temporary halt?
[ch 2: page 20]Although each case depends on its own facts, a transfer can still take place even if the change of employer happens while business is temporarily suspended. For example, in Wood v Caledon Social Club Limited EAT/0528/09, a bar suspended operations when it lost its alcohol licence, and Wood was dismissed. When the bar re-opened a few weeks later under new management, he was allowed to bring a claim for unfair dismissal against the new business.