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Employment Law
Insolvency & Restructuring
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast aims to outline the various criticisms that have been levelled at the TUPE (Transfer of Undertakings (Protection of Employment) Regulations) by insolvency and employment professionals alike since their enactment. The podcast will look at the factors that drive a transfer in both favourable and unfavourable economic conditions and examine the possible alternatives to the application of TUPE regulations.

After completing the course you will:
  • Understand the criticisms levelled at the TUPE regulations;
  • Understand the purpose of the TUPE regulations;
  • Know what factors will drive a transfer in both stable and unstable economic conditions;
  • Be aware of the means by which employers and transferees seek to get around the TUPE regulations;
  • Understand what relationship TUPE has with the so called 'rescue culture';
  • Be aware of the possible alternatives to TUPE including administration.
Complex Difficulty: 4 of 5
Case Update
Legal Principles
Sources and References:
  • Regs 4, 8(7) Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246;
  • Article 5(1) EC Business Transfers Directive 2001/23;
  • Ankers v Clearsprings Management Ltd EAT;
  • Hassard v McGrath [1996] NILR 586;
  • Astley & Ors v Celtec Ltd [2002] EWCA Civ 1035;
  • Celtec (Social policy) [2005] EUECJ C-478/03 (ECJ decision);
  • Thomas-James and Others v Cornwall County Council (2008) 1701021-22 (28th February 2008 unreported);
  • Kimberley Group Housing Ltd v Hambley [2008] IRLR 682;
  • Oakland v Wellswood (Yorkshire) Ltd [2008] UKEAT 0395_08_0511;
  • para 3(1) of Schedule B1 Insolvency Act 1986.

In this podcast, specialist employment barrister Antony Sendall will examine the inherent tension in the TUPE regulations of having a uniform set of rules governing transfers in both good times and bad serving both the interests of business survival and job security.

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