Insolvency: Selling the staff

Dechert LLP | Procurement & Outsourcing Journal | March/April 2012 #5
Charles Wynn-Evans examines the impact of recent decisions on business transfers and insolvency ‘Two Court of Appeal judgments delivered just before Christmas are of considerable importance in terms of clarifying the scope of the potential protections provided by TUPE for affected employees.’This article discusses two important recent cases that are of considerable importance for those …

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TUPE: From a question of fact to an absolute rule

Paul Hastings LLP | Employment Law Journal | May 2011 #120
In OTG v Barke, the EAT has clarified the application of TUPE to pre-pack administrations, as Suzanne Horne explains ‘The Employment Appeal Tribunal has now held that TUPE does apply to pre-pack sales because it applies to all administrations.’ Any lawyer who has ever advised on the employment law aspects of a pre-packaged sale in …

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