Administrators will note with concern the decision of the East London Employment Tribunal in Spencer v Lehman Brothers (in administration) and Others, which suggests that administrators can be held to be personally liable for the discrimination of employees of the business in administration.

In times of economic uncertainty, when the prospect of insolvency is prevalent, contracting parties need, more than ever, to be aware of issues that could have an unanticipated effect on their position. The existence of Retention of Title (RoT) clauses in contracts, particularly in the construction context, and the effect of the relevant legislation, need to be considered carefully.