Supreme Court update—end of the road for the employees in Crystal Palace FC (2000) Limited v Kavanagh

Supreme Court update—end of the road for the employees in Crystal Palace FC (2000) Limited v Kavanagh

The Supreme Court has refused former employees of Crystal Palace FC (2000) Limited  (CPFC) permission to appeal the Court of Appeal’s decision that their unfair dismissal claims had not transferred to the purchaser of CPFC under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, reg 7 (TUPE). The Supreme Court refused the employees permission to appeal the Court of Appeal's decision as their appeal did not raise an arguable point of law of general public importance. Therefore, the decision of the Court of Appeal, which upheld the original Employment Tribunal's (ET's) decision, stands.

What has happened in this case?

CPFC went into administration. The administrator sought to sell the club as a going concern as it had few assets that could be realised for the benefit of its creditors.

An agreement was reached for sale of the company to the purchaser (the second respondent in the Court of Appeal), with a copy of the agreement being held in escrow. As CPFC had severe cash-flow difficulties, its administrator decided to 'mothball' the club at the end of the football season as no matches were being played. A decision was taken to make the majority of the administrative staff redundant and to proceed with the sale of the more valuable players.

The employees’ claims and the ET

Following the redundancies

Subscription Form

Already a subscriber? Login
RELX (UK) Limited, trading as LexisNexis, and our LexisNexis Legal & Professional group companies will contact you to confirm your email address. You can manage your communication preferences via our Preference Centre. You can learn more about how we handle your personal data and your rights by reviewing our  Privacy Policy.

Related Articles:
Latest Articles:

Access this article and thousands of others like it free by subscribing to our blog.

Read full article

Already a subscriber? Login