In The Case Files we look back at notable court cases over the last 150 years - and discover how Brodies lawyers through the ages have played their part in key legal moments over that time. In each episode, we talk to Brodies' modern-day legal experts to discover how their predecessors helped shape the way the law is applied today.
In this episode, host David Lee is joined by Niall McLean and Brian Campbell from Brodies Advocacy team. The case dates from the early 1990s and focuses on employment law - and specifically, a business which undergoes a change of ownership.
Nowadays when this happens, employees will usually be protected under the Transfer of Undertakings (Protection of Employment) regulations (or TUPE, as they are usually known).
But back in 1990, the TUPE Regulations were in a simpler form and many questions about how they operate had yet to be answered. This became an issue after Forth Dry Dock & Engineering went into receivership.
The receivers made a number of employees redundant on appointment and then arranged to transfer the business to another company.
The employees complained about unfair dismissal and that their jobs should have been protected by the TUPE Regulations - in one of the first cases about the implementation of EU Directives in domestic UK law.
You can also read Brian Campbell's accompanying insight article: TUPE or not TUPE?