OTG Ltd v Barke and other appeals [2011] IRLR 272 EAT

This Court of Appeal in Key2Law (Surrey) LLP v De'Antiquis has approved the approach taken in this case, preferring the rigid rule that administration can never constitute "analogous insolvency proceedings" under reg.8(7) of TUPE.

Reports relating to this case:

  • TUPE: Automatic transfer of employees where transferor in administration

    Date:
    10 August 2011

    In OTG Ltd v Barke and other appeals [2011] IRLR 272 EAT, the EAT held that the purpose of administration proceedings under the Insolvency Act 1986 is to rescue the business as a going concern, not to liquidate its assets. Accordingly, employees of a business in administration will transfer under TUPE when the business is sold to a transferee.

  • TUPE applies as normal to transfers from administration

    Date:
    22 February 2011

    The Employment Appeal Tribunal has held that the exemption from automatic employee transfer under reg.8(7) of TUPE cannot apply to a transfer from an administration.