A sigh of relief for administrators: no potential criminal liability for breaching notification of mass redundancies requirements

On 1 November 2023, the Supreme Court has overturned the 2021 Divisional Court judgment in R (on the application of Palmer) v Northern Derbyshire Magistrates Court and another to hold that administrators do not fall within the meaning of a "director, manager, secretary or similar officer of the company" under s194(3) the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA 1992).

Filed under:
United Kingdom, Compliance Management, Employment & Labor, Insolvency & Restructuring, Litigation, Gowling WLG, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Supreme Court of the United States
Authors:
Julian C. Pallett , Tom Pringle , Hannah Swindle , Connie Cliff
Location:
United Kingdom
Firm:
Gowling WLG