Introduction

In a recent decision, the Employment Appeal Tribunal (EAT) provided useful clarification on how TUPE operates in insolvency scenarios when a provisional liquidator is appointed. The judgment confirms that the TUPE exception for terminal insolvency proceedings can apply earlier than some employers and buyers may expect, with the result that employee transfer protections may be disapplied before a winding-up order is made.

TUPE and insolvency

From 18 November 2025, the UK’s new Companies House identity verification (IDV) framework took effect, representing one of the most substantial reforms to corporate administration in recent years. The reforms, introduced under the Economic Crime and Corporate Transparency Act 2023, aim to enhance corporate transparency and prevent misuse of UK entities.

Judge Parker of the U.S. Bankruptcy Court for the Western District of Texas recently issued an order in the case of Hilltop SPV, LLC, granting debtor Hilltop SPV LLC’s (“Hilltop”) motion to reject a Gas Gathering Agreement (“GGA”) with counter-party Monarch Midstream, LLC (“Monarch”).[1] This decision allows Hilltop to reject the GGA while allowing Monarch to retain the covenants that run with the land post-rejection.

Harrington v. Purdue Pharma L.P., 144 S. Ct. 2017 (June 27, 2024)