Topics

Insolvency

New and updated

  • Type:
    Employment glossary

    Subrogation

    Definition from the XpertHR glossary.

  • Date:
    26 June 2012
    Type:
    Law reports

    TUPE: Administration never analogous to bankruptcy

    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.

  • Date:
    9 January 2012
    Type:
    Law reports

    No TUPE exemption for transfers from companies in administration

    The Court of Appeal has held that the transfer from a company in administration does not lead to an exemption from automatic employee transfer under reg.8(7) of TUPE. 

  • Date:
    8 December 2011
    Type:
    Law reports

    Administration did not justify failure to consult collectively over redundancies

    The employer in this case fell into the classic trap of burying its head in the sand and failing to consult collectively with employees over the realistic possibility that its business might close and its workforce be made redundant.

  • Date:
    15 September 2011
    Type:
    Law reports

    Case of the week: Employees' rights on insolvency

    This week's case of the week, provided by DLA Piper, covers employees' rights on insolvency.

  • Date:
    10 August 2011
    Type:
    Law reports

    TUPE: Automatic transfer of employees where transferor in administration

    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.

  • Date:
    15 June 2011
    Type:
    Law reports

    Transferee liable for unfair dismissal award following "pre-pack" TUPE transfer

    The Employment Appeal Tribunal has held that it is the transferee, rather than the Secretary of State, that is liable to pay the unfair dismissal basic award and notice of an employee who is dismissed after a "pre-pack" administration and TUPE transfer of the business as a going concern. 

  • Date:
    22 February 2011
    Type:
    Law reports

    TUPE applies as normal to transfers from administration

    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. 

  • Date:
    29 April 2010
    Type:
    Law reports

    Claimants' contracts varied so much over time that they were no longer employees

    Comprehensive employment contracts are essential, but they can change over time, as this case demonstrates.

  • Date:
    21 October 2008
    Type:
    Law reports

    Svenska Staten v Holmqvist

    The European Court of Justice has held that, for the purposes of the Insolvency Directive (80/987/EC), an undertaking from one member state can be regarded as having activities in another member state if it has a stable economic presence there. It does not need to have a branch or fixed establishment in that member state.