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

    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

    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.