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Regulation 8(7) and 'pre-pack' administrations

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • November 18 2009

Last year, in the case of Oakland v Wellswood (Yorkshire) Ltd, the EAT suggested that, if an administrator has been appointed with a view to liquidating a transferor company, this fell within the exception provided by TUPE Regulation 8(7) (which provides that where there are insolvency proceedings instituted with a view to liquidation, the key employee protections afforded under TUPE do not apply

Employee status

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • May 14 2009

When a company goes into insolvent liquidation, its employees are given a limited degree of protection from the immediate adverse financial consequences for them as individuals

Protective award

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • July 10 2008

A protective award for failure to consult employees on redundancy becomes a contingent liability payable by the liquidator when the company employer subsequently becomes insolvent

Were dismissals by an administrator made for economic reasons (and therefore fair) or TUPE-related and automatically unfair?

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • May 13 2008

In Dynamex Friction Ltd v Amicus an administrator had dismissed the entire workforce immediately on being appointed because the company had no money to pay its debts