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Daily Record Reporter sneaked in to redundancy meeting today


Adoniram

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There are special rules in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) dealing with the transfer of an insolvent business, to assist the rescue of failing businesses. The rules apply in two distinct ways. Where the insolvency is not with a view to liquidation of assets, there is a narrow exception to the normal TUPE rules, such that the transferee does not pick up all of the liabilities that would otherwise transfer, and there is greater scope to change terms and conditions. However, there is a much fuller exception where the insolvency proceedings have been instituted with a view to the liquidation of the assets. In such circumstances, there is no transfer of employees, nor any special unfair dismissal protection (the TUPE exemption), although other TUPE obligations, including the duty to inform and consult, continue to apply.

RM's very own prophet of doom strikes again.

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