As a result of the recent case of OTG Ltd v Barke and others UKEAT/0320/09 and other cases, in which the EAT deviated from the case of Oakland v Wellswood (Yorkshire) Ltd UKEAT/0395/08 , regulations 4 and 7 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) will be applicable to a sale by an administrator including a pre-pack situation. As such, employees will be protected under TUPE and transfer to the buyer and regulation 8(7) will not apply in such circumstances. It had been thought that, if structured in the correct way, the transfer of employees could be avoided in such circumstances.