Does TUPE Apply to Liquidators?: Perth & Kinross Council -v- Donaldson

• Author:
• Daniel Barnett

The Employment Appeals Tribunal (sitting in Scotland) held that the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) does not apply to a liquidator who is gathering in assets to dispose of them for the maximum benefit of creditors. Unlike receivers and administrators, "if [the liquidator] has to look over his shoulder at the TUPE Regulations, this might well fetter the extent to which he might perform his duty. (para. 19)".

Thus when the local authority took housi... (27 more words)

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