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No TUPE exemption for transfers from companies in administration

This report relates to 1 case(s)

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    Key2Law (Surrey) LLP v De'Antiquis [2012] IRLR 212 CA (1 other report)

    • TUPE: Administration never analogous to bankruptcy

      Date:
      26 June 2012

      In Key2Law (Surrey) LLP v De'Antiquis [2012] IRLR 212 CA, the Court of Appeal held that administration proceedings can never be said to be instituted with a view to the liquidation of the assets of the insolvent business. Consequently, whenever a TUPE transfer of a business in administration occurs, reg.8(7) of the TUPE Regulations 2006 will not apply and any liabilities will transfer to the purchaser of the business.

transfer of undertakings | insolvency | administration

The Court of Appeal has held that a transfer from a company in administration does not lead to an exemption from automatic employee transfer under reg.8(7) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE).