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Insolvency: TUPE rights may be retained following "pre-pack" administration

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    Federatie Nederlandse Vakereniging and others v Smallsteps BV [2017] IRLR 852 ECJ (0 other reports)

Federatie Nederlandse Vakereniging and others v Smallsteps BV [2017] IRLR 852 ECJ

insolvency | TUPE | pre-pack administration

The European Court of Justice (ECJ) has held that "pre-pack" administration, which is designed to facilitate the sale of a business as a going concern in the event of insolvency, may not prevent employees from having TUPE rights.