The European Court of Justice has held that employees will transfer under the Acquired Rights Directive following a pre-pack sale aimed at rescuing all or part of an insolvent business as a going concern.

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Following a pre-pack sale aimed at rescuing all or part of an insolvent business as a going concern employees will transfer under the Acquired Rights Directive, is the opinion of an Advocate General.

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The Employment Appeal Tribunal has held that there was no TUPE transfer where there was an intention to take over a business but the transfer did not actually go ahead. In this case a third party promoted its range of products by…

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