This case raises two short questions in the TUPE insolvency context.  The second is relevant to TUPE generally. First, is whether a claim for equal pay arrears is a claim for “arrears of pay”, and in circumstances where the claim has … Continue reading →

The ECJ considered the application of the Directive to pre-pack administrations.    Four employees and their trade union brought proceedings after the employees were dismissed following a pre-pack. Article 5(1) of the Directive provides that the automatic transfer provisions under Art. 3 and … Continue reading →

This cases an interesting point on Reg 8(7) and when it is that a ‘transferor is …under the supervision of an insolvency practitioner’.  Reg 8(7) provides: (7) Regulations 4 and 7 do not apply to any relevant transfer where the transferor is … Continue reading →

The Background The Claimant was employed by Drummonds Kirkwood LLP (‘DK’), solicitors. On 21 July 2008 DK dismissed her and several other employees on the grounds of redundancy. On 25 July 2008 it entered administration.   On 28 July 2008, … Continue reading →