All your resources at your fingertips.Learn More
16 February 2011
Employment Appeal Tribunal
Underhill J (P), Mr I Ezekiel, Mr P Smith
Regulation 8(7) of TUPE exempts any sale of a business which is the subject of ‘insolvency proceedings instituted with a view to liquidation of the assets' from the transfer and dismissal provisions of TUPE. The EAT, declining to follow Oakland v Wellswood (Yorkshire) Ltd, holds that administration proceedings can never be ‘insolvency proceedings instituted with a view to liquidation of the assets'.
To read the full case summary and to view the case transcript, you must subscribe to Jordans Employment Law Online (if you already subscribe click here to log in).
To request a free trial click here and select Jordans Employment Law online from the drop down menu.
This book is intended as a handbook for advisers to employers, providing an overview of the...