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Employment Law

Legal guidance - compliance - software

02 MAY 2012

OTG Limited v Barke [2011] IRLR 272

TUPE and Insolvency

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'.

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