GFTU Emplaw Emplaw Emplaw


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
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content

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