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Insolvency

Key Points

  • Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 reg 8 deals with “Insolvency”, while reg 9 goes on to cover “Variations of contract where transferors are subject to relevant insolvency proceedings”
  • The aim of these regulations is to assist in transferring a business or parts of a business as a going concern to another business
  • The regulations provide, in certain insolvency situations, for some exemptions from some pre-transfer liabilities
  • The regulations also disapply in certain insolvency situations the TUPE principles of transferring contracts of employment and unfair dismissal because of a TUPE .
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