TUPE and Insolvency: When the Terminal Insolvency Exception Applies

Jane Bowen and Purvis Ghani of Dentons analyse a recent Employment Appeal Tribunal decision confirming that the TUPE terminal insolvency exception can apply from the appointment of a provisional liquidator, meaning employee transfer protections may fall away before a winding-up order is made where proceedings have substantively shifted from rescue to asset realisation, significantly affecting TUPE risk, deal timing, and employee liability exposure in distressed business sales.

Read more.