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OTG v Barke is the latest case from the Employment Appeal Tribunal (EAT) to consider how the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) apply in the context of the sale of a business in administration
Administrators will note with concern the decision of the East London Employment Tribunal in Spencer v Lehman Brothers (in administration) and Others, which suggests that administrators can be held to be personally liable for the discrimination of employees of the business in administration
The EAT recently had to consider whether TUPE introduced a statutory cap on the amount of a week's pay for the purpose of an award of compensation where there has been a failure to inform and consult (Zaman and others v Kozee Sleep Products Ltd ta Dorlux Beds
