Oakland v Wellswood (Yorkshire) Ltd is a UK labour law case concerning transfers of undertakings, and the job security rights of employees.
Mr Oakland, a general manager, claimed that he was unfairly dismissed from his job as general manager by Wellswood (Yorkshire) Ltd, which had recently bought the assets of the fruit and vegetable business from Wellswood Ltd.
The Tribunal held that Mr Oakland had not worked for the new Wellswood for sufficiently long to qualify for unfair dismissal.
It had been open to the Tribunal as a matter of fact that the prepack administration had been started with a view to liquidation of assets.
He added that this was a finding consistent with the policy of aiming to promote a ‘rescue culture’ to ensure that potential purchasers of a failing business are ‘not putt off by the effects of TUPE protection’.