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TUPE applies as normal to transfers from administration

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    OTG Ltd v Barke and other appeals [2011] IRLR 272 EAT (0 other reports)

    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.

TUPE | insolvency | administration

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