The Employment Appeal Tribunal (EAT) held in OTG Ltd v Barke (2011 UKEAT) that TUPE will apply to transfer employees when a company goes into administration, including on a pre-pack administration. This decision overturns the leading case of Oakland v Wellswood (Yorkshire) Ltd, which found that TUPE did not apply to "pre-packs".
United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Faegre Baker Daniels LLP, Debt, Liquidation, Precondition, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Appeal Tribunal