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TUPE

Summary of postings

TUPE	Rosaleen Liard	21 Mar 05
Re: TUPE	simon jeffreys	22 Mar 05
Re: TUPE	Bryan Duggan	23 Mar 05
Re: TUPE	Rosaleen Liard	23 Mar 05

Details of postings

TUPE	Rosaleen Liard	21/03/2005 15:35
With the new legislation for TUPE in affect from 6 April, can anyone tell me how this applies to a business trading in administration / Insolvancy. The Goverment is as I understand encouraging all efforts to see a turn around and see these business continue to trade where possible. If the administartor secures a new owner but doesn't wish to inherit the previous issues are employees safeguarded or do they face redundancy or even face the prospect of re applying for the position. With more and more retailiers facing adminstartion and more and more retailers publishing tough trading figures/forecast is this the way forward - what ever happened to loyalty?

+ Re: TUPE	simon jeffreys	22/03/2005 17:58
Only the new pension regulations for TUPE come into force on 6 April.The rest will start on 1 October 2005. There are no special rules in the new proposals which take away rights under TUPE if a business goes into administration. There are new provisions, which derive from the revised European Directive, which would leave some claims for unpaid wages etc behind if a business is sold out of an insolvency, but these claims are anyway covered by a Guarantee from the Government. There is also provision to enable changes to terms and conditions to be negotiated ( and not imposed unilaterally) in the context of insolvency in order to help rescue the business.
++ Re: TUPE	Bryan Duggan	23/03/2005 11:35
This is a very difficult area of law for insolvency practitioners because case law appears to change the rules almost weekly and predicting outcomes is hazardous. The Association of Business Recovery Professionals (R3) should be able to give you details of the latest thinking and case however and this is their web site address. http://www.r3group.com Hope this helps Bryan Duggan
+++ Re: TUPE	Rosaleen Liard	23/03/2005 16:08
Bryan My thanks this is really useful especially as I find myself employed in administration.