Winding up the business 


Where there is no realistic hope that a business can be revived or maintained as a going concern and an insolvency practitioner has been appointed with a view to the liquidation and sale of the employer’s assets, regulation 4 (terms and conditions) and regulation 7 (dismissals) do not apply (regulation 8 (7), TUPE). 


Where the transferor is insolvent and there is no TUPE transfer to a new business, wages and other sums owed to the employees can be claimed out of the National Insurance Fund, subject to a statutory cap. See Chapter 11 for information about claiming outstanding wages and other payments in an insolvency situation.