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Litster v Forth Dry Dock and Engineering Co Ltd
''Litster v Forth Dry Dock and Engineering Co Ltd'' () (UKHL 10 ) is a UK labour law case concerning the Business Transfers Directive 2001 relevant for the implementing TUPER 2006, though decided under the older 1981 version.
==Facts==
An hour before the sale by the receiver of Forth Dry Dock to the Forth Estuary company, the receiver sacked all of its twelve employees. The new Forth Estuary company had another set of employees already lined up on lower pay. The receivers had no money left to pay damages for dismissal and holiday pay. TUPER 1981 regulation 5(3) said the Regulations apply to employees who are such ‘immediately before’ the transfer (now, TUPER 2006 regulation 4(3)).
The Court of Session held that, following Spence, none of the employees were employed ‘immediately before’ the transfer. The employees appealed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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