May 5, 2022
by Jeffrey
0 comments
The issue in this case is whether a Dutch pre-pack insolvency process came within Art. 5(1) of the Acquired Rights Directive such that the automatic transfer provisions in Arts. 3 and 4 do not apply and the transferee was not … Continue reading
April 24, 2019
by Jeffrey
0 comments
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
June 28, 2017
by Jeffrey
0 comments
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
March 20, 2015
by Jeffrey
0 comments
This case concerns TUPE and insolvency and more particularly whether the Secretary of State is liable for debts that accrue after the date of transfer. There are essentially two forms of insolvency proceedings catered for in Reg 8 of TUPE. … Continue reading
November 29, 2013
by Jeffrey
0 comments
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
November 14, 2013
by Jeffrey
0 comments
Summary The Court of Appeal have overturned the judgment of the EAT. The EAT had held that reason for dismissing the employees for redundancy was so that the liquidator could sell the football club and not for the purpose of … Continue reading
May 29, 2013
by Jeffrey
0 comments
Although understandable on the facts, this decision suggests a more conservative approach to identifying which employees are ‘affected’ employees for the purposes of the employer’s duty to inform and consult under Reg 13 in the context of insolvency. In this case … Continue reading
May 28, 2013
by Jeffrey
0 comments
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