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Employment Lawyers love TUPE, it’s our chance to look clever. But the nuances of the rules mean that cases are often hard to predict and there are many traps for the unwary. In Ward Brothers (Malton) Ltd v Middleton & Ors UKEAT/0249/13/RN, the Employment Appeal Tribunal had to consider the effect of the special insolvency provisions in TUPE.
Reg 8 (7) of TUPE states that Regulations 4 and 7 of TUPE do not apply to any relevant transfer where the transferor is the subject of bankruptcy proceedings or any analogous insolvency proceedings which have been instituted with a view to the liquidation of the assets of the transferor and which are under the supervision of an insolvency practitioner. This means that where rule 8(7) applies employees do not automatically transfer to a new employer on the sale or transfer of the insolvent business. It also means that a new employer can choose to offer employment to the employees on different terms and they do not inc
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Frances gained her LLB (Hons) at Kings’ College, London University in 1983. She then attended Chester College of Law to take what were then the Solicitors’ Final Examinations. She has been at Moon Beever since 1984 where she trained, qualifying in 1986, and a partner since 1988 becoming Managing Partner in 2000. She is also a founder partner of ShawnCoulson, an international association, of which Moon Beever is the London office. She is Head of Insolvency and Business Recovery at Moon Beever running a substantial team of insolvency specialists. She undertakes most areas of personal and corporate insolvency, specialising in contentious insolvency especially cases involving fraud, as well as provisional liquidations and injunctive work generally.
She is Chairman of the Appeal Committee at ACCA and a member of the Insolvency Law Evaluation Panel at the Insolvency Service, and CBI Insolvency Panel as well as a member of Insol, and the IBA and, veering towards the personal, of the NFU, and the Carlton Club.
Frances is a regular speaker in the UK and abroad on insolvency and practice management.
Frances was formerly Chairman of the SPG Committee of R3, the Insolvency trade body representing 97% of licensed insolvency practitioners. She is President of R3 for 2011-2012, and remains a member of its R3 Policy Group.
She is interested in all things equestrian as are her three daughters and her husband, and spends her free time (such as it is) with her family and other animals, riding and trying to improve her strokes at Real Tennis.
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