Re: "each cofounder had been hired individually – and therefore TUPE didn’t apply"
Read the judgment linked in the article it is interesting reading.
To me Facebook were not gaming UK employment laws they employed the 3 founders one was not even an employee of Bloomsbury and some of the staff 3 were not employed.
Facebook did not buy the Bloomsbury or get any assets from Bloomsbury except the staff they hired. Neither did Facebook get Bloomsbury’s customers there were none.
Bouchard had less than two years at Facebook so not unfair dismissal.
Claiming TUPE is a bit rich when it was denied from 3 of Bloomsbury’s employees as the Co-founders wound the company up. Selling the company to Facebook would have resulted in TUPE and unfair dismissal for those employees.
Damn I need a shower now after taking Facebook's side. :(