Employment law cases

OTG Ltd v Barke and other appeals [2011] IRLR 272 EAT

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.

Reports relating to this case:

TUPE applies as normal to transfers from administration

Date:

22 February 2011

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.