administrations always covered by TUPE
23rd January 2012
There have been conflicting judicial decisions about the level of protection employees will have when the business they work in has been sold having been put into administration. However, the issue has now been resolved by the Court of Appeal, which has held that as administration proceedings are instigated to help the business continue, it will always be the case that the contracts of employment will transfer to the buyer and the terms and conditions will be protected under the TUPE.
