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Legal Update

Selling Insolvent Businesses: TUPE Does Apply to Pre-Packs

February 2011
Mayer Brown Legal Update
In an important judgment delivered last week by the Employment Appeals Tribunals, it has been decided that TUPE does apply to administrations, including pre-pack administrations. In doing so, the EAT disagreed with an earlier case which found that a pre-pack administration was analogous to a liquidation and so the key provisions of TUPE did not apply.
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