Case: OTG Ltd. v Barke and ors [2011]
Summary: Since the decision in Oakland v Wellswood (Yorkshire) Ltd there has been a great deal of uncertainty for administrators and potential buyers of businesses, as that decision suggested that TUPE might not apply in a sale of a company’s business by administrators and that the contracts of the employees of the insolvent company may not transfer to the buyer
Relevant to: Insolvency practitioners, employers
Employment briefing note: OTG Limited v Barke [2011] (July 2011)