Buyers in pre pack are responsible for liabilities arising post TUPE transfer

The Employment Appeal Tribunal (EAT) has held inPressure Coolers Ltd v Molley UKEAT/0272/10 that when a transferor under TUPE is subject to insolvency proceedings not instituted with a view to liquidating the transferor's assets, the Secretary of State will only meet employment liabilities that arise before the transfer.

Filed under:
USA, Employment & Labor, Insolvency & Restructuring, Litigation, Faegre Baker Daniels LLP, Discrimination, Liability (financial accounting), Liquidation, Unfair dismissal, Precondition, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Appeal Tribunal
Authors:
Anna Byford , Alex Denny , Victoria Pengelly
Location:
USA
Firm:
Faegre Baker Daniels LLP