Employment Law Case Update - Administration


Two cases will be of particular interest to insolvency practitioners and those buying businesses from an administrator. In the first case (Spencer v Lehman Brothers Limited (in administration) and others), the possibility of personal liability of administrators for discrimination is contemplated. In the second case (OTG Limited v Barke & others), contrary to a previous case, it is now decided that TUPE will apply on the sale of a business or a part of a business by an administrator.

Discrimination – Personal liability for administrators?

In what circumstances might an individual administrator be liable for discrimination against employees of companies in administration? This was the question the Employment Tribunal asked itself in the case of Spencer v Lehman Brothers (in administration) and others.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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