Transfer of Undertakings : Insolvency – TUPE. Regulation 8(7).
The appellant was a company which had been transferee in a transfer from another company, which went into liquidation. The ET decided that regulation 8(7) of TUPE did not apply, because the transfer took place before the transferor company went into liquidation. The appellant argued that the ET had erred in law by failing to appreciate that administration proceedings and the appointment of a provisional liquidator are not analogous, and that regulation 8(7) does apply.
Held: the ET erred in law in failing to explain its reasoning. Further, parties had agreed that the case would be heard in two stages and so argument was not complete before the ET. Case remitted to the same ET to hear all arguments on the facts already found.
Lady Stacey
[2014] UKEAT 0005 – 14 – 2406
Bailii
England and Wales
Employment
Updated: 01 November 2021; Ref: scu.559947