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TUPE: Liability for certain debts owed to employees did not pass to secretary of state

This report relates to 1 case(s)

In Secretary of State for Trade and Industry v 1) Slater and others 2) CFG Nationwide Site Services Ltd EAT/0119/07, the EAT holds that reg. 8 of the Transfer of Undertakings (Protection of Employment) Regulations 2006, which provides that certain debts owed to employees by an insolvent transferor should be met by the secretary of state rather than by the transferee, applies only if a formal insolvency procedure has commenced before the date of the transfer. Preparation for such a procedure is insufficient.