TUPE and insolvency

Where a transferor employer is insolvent, TUPE makes it easier for contracts of employment to be varied with a view to preserving jobs. Insolvency is discussed in Chapter 7. The 2014 Regulations have not changed the basic TUPE insolvency regime. However, changes to Regulation 7, discussed on page 71 are likely to make it significantly harder to challenge many pre-transfer dismissals by insolvency administrators.