EAT on 5th November 2008, reported at [2009] IRLR 250
Representation:
the exemption from the normal effect of the 2006 TUPE regulations which applies on insolvency can apply to the disposal of a business as a going concern by the administrator of a company in adminstration as well as to disposal of a business by the liquidator of a company
For relevant general notes see Transfer of business or undertaking/insolvent transferor/post-6.4.06 position and/or Continuous employment/take over or transfer of employers business .
editor's note
The decision in this case was later reversed by the Court of Appeal on different grounds (see Oakland v Wellswood (Yorkshire) Ltd CA 2009 reported at [2010] IRLR 82. See also the excellent summary of the Court of Appeal decision on Halliwells, solicitors, website "Pre-Packs and TUPE - Oakland v Wellswood reversed" by the Court of Appeal).