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Legal Update

No transfer under TUPE where administration was instituted with a view to subsequent liquidation

19 December 2008
Mayer Brown Legal Update
In a recent appeal1 the Employment Appeal Tribunal held that, where the appointment of administrators was with a view to the eventual liquidation of the insolvent company, employees who were taken on by a purchaser of assets from the company in administration were not automatically transferred to the purchaser pursuant to the Transfer of Undertakings Protection of Employment) Regulations 2006 (“TUPE 2006”)

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