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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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The status of employment rights on the transfer of an undertaking is an extremely complex area of...