OTG Ltd v Barke and Others: EAT 16 Feb 2011

EAT TRANSFER OF UNDERTAKING – Insolvency
Administration proceedings pursuant to Schedule B1 of the Insolvency Act 1986 are not capable of constituting ‘bankruptcy . . or . . analogous insolvency proceedings which have been instituted with a view to the liquidation of the assets of the transferor’ within the meaning of reg. 8 (7) of TUPE and art. 5.2 of the consolidated Acquired Rights Directive, with the consequence that on a sale by an administrator regs. 4 and 7 of TUPE will apply – Oakland v Wellwood (Yorkshire) Ltd. [2009] IRLR 250 not followed.
Observations on application of reg. 8 (1)-(6) of TUPE.
Underhill J P
[2011] UKEAT 0320 – 09 – 1602
Bailii

Updated: 05 March 2021; Ref: scu.430305