TUPE Update August 2021 – Debts Upon Transfer and Identity of Employer

Posted in : TUPE Updates on 17 August 2021
Dr John McMullen
Wrigleys Solicitors LLP
Issues covered: TUPE; Pay and conditions of employment

Domestic Law

A court sees through an employer’s attempt get round paying a TUPE debt

In Integral Law v Jason [2020] EWHC 3698 (Ch), a former employee of Integral Law was owed arrears of wages. He brought a winding up petition on the ground that the company was unable to pay its debts. A material fact was that he had recently transferred into Integral Law and there was money owing from the transferor (for which, of course Integral Law, as transferee, was liable). On the winding up application, the High Court reviewed his case. It dismissed the company’s application to restrain its former employee from presenting a winding up petition in relation to alleged unpaid salary. He declined to let

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This article is correct at 17/08/2021

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Dr John McMullen
Wrigleys Solicitors LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 0113 244 6100 or email john.mcmullen@wrigleys.co.uk

View all articles by Dr John McMullen