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TUPE v The Rescue Culture
17 June 2009
The one question that I am always asked when advising a company about the various types of insolvency procedures is “But what about TUPE?”
This question relates to the point about where does the liability lie in respect of employees’ claims for unpaid wages, holiday pay, redundancy and pay in lieu of notice when a company enters into an insolvency procedure. A simple question one might think but as in all matters relating to employment legislation not so easy to answer. It all revolves around the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”)
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