TUPE RIGHTS ON SALE OF INSOLVENT BUSINESS

摘要

Two recent Court of Appeal cases provide guidance on when employee rights under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply in an insolvency process. In Key2Law v De'Antiquis, a solicitor, Ms De'Antiquis, was made redundant just days before her employer went into administration and the administrator completed a management contract with Key2Law under which it would operate the firm's offices. De'Antiquis claimed her dismissal was connected to a transfer and was automatically unfair. The claim was contested on the grounds that TUPE protection did not apply as the insolvency proceedings were instituted with a view to liquidation of the assets.