TUPE And Administration: Certainty, But At What Cost?
The insolvency-related provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE) are part of a balancing exercise between the promotion of a rescue culture and the rights of employees. Two recent Court of Appeal decisions, which will be of interest to potential buyers of businesses from administrators, have tipped the balance in favour of employee rights.