TUPE in administrations - despondency (if not despair) for IPs

An employee dismissed a few days before administration has won her right to claim against the purchaser of the business. In a landmark decision Key2Law (Surrey) Ltd v De?Antiquis [2011] EWCA Civ 1567, 20 December 2011 the court decided that the administration did not constitute insolvency proceedings instituted with a view to the liquidation of the assets of the transferor. Instead they were undertaken with a view to the rescue of a company, so the regulation 8(7) exception to TUPE did not apply.

Much wailing and gnashing of Insolvency Practitioners teeth, as it just got a whole lot harder to sell on a business as a going concern.