Does TUPE apply when a company is in administration?

Many of the significant Transfer of Undertakings (Protection of Employment) Regulations (TUPE) decisions have been the result of the sale of a business following that business's insolvency. This week's case is no exception as we consider the Court of Appeal decision in Dynamex Friction Ltd and another v Amicus and others.

The question asked was whether the employees who had been dismissed by the administrator prior to the transfer were nevertheless employed by the transferring company immed... (1086 more words)

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