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Provisional Liquidators, Redundancies and TUPE

Rachael Markham of Squire Patton Boggs explains that the Employment Appeal Tribunal has confirmed regulation 8(7) of TUPE can apply from the appointment of a provisional liquidator, meaning employees’ contracts may not transfer on a pre-liquidation business sale and NIF claims can remain available, although the outcome will depend on whether the provisional appointment genuinely forms part of insolvency proceedings aimed at asset liquidation.