0800 644 6080
Call FREE from Landline and Mobile
Est. 1989

What are Employee Rights During a Company Insolvency Procedure

Licensed UK Insolvency Practitioners FREE Meeting for Company Directors

We can help with serious company debts, HMRC and creditor pressure, VAT/PAYE/Tax arrears, cash flow problems and raising finance.

Employee Rights During a Corporate Insolvency Procedure

When your company is deemed insolvent because it is unable to keep up with financial obligations it could face a number of insolvency procedures, including administration, liquidation, or receivership. This not only threatens the continuity of the business itself but also the careers and interests of its employees. If you're concerned about employee rights during insolvency consider the information in the following paragraphs:


Transfer of Undertakings (Protection of Employment) – TUPE

TUPE regulations introduced in 2006 are used to govern employee rights during insolvency and protect employees from being made redundant or losing money owed to them during company takeovers and business transfers. If you're considering a company voluntary arrangement (CVA) or a voluntary administration it is imperative to consider the rights of employees before committing to move forward. Payroll expenses and employee contract terms will determine how feasible a recovery may be. In some cases you may be able to use administration to eliminate employee contracts without taking on large employee liabilities.

Open Quote
I understand that the last people you would ever want to speak to would be a business rescue firm, but I also know that trying to understand your options can be equally challenging. I have seen every eventuality in business and can help clarify what your options are.

Employee Rights During a Pre-Pack Administration

TUPE regulations are especially important to consider during pre-pack administration, as the company's assets are essentially being transferred to a new company. The employees may be considered a mandatory asset class which means the directors would have no choice but to honour existing employment arrangements. In other words, it would be unlawful for the new company to terminate the contracts of the old company's employees, and such, an action may be considered a breach of TUPE. If you fail to adhere to the laws governing employee rights in the UK you could be sued by some of your employees or you could be accused of wrongful or fraudulent trading.


Analysing the Particulars of Your Situation

Since there are so many variables involved with employment contracts and TUPE regulations it is important to assess each situation on a case-by-case basis. We can help you determine how to proceed with a course of action that will provide the best outcome for your company, its creditors, and its employees. However, in order to provide the most accurate advice possible we need to have an idea of what kind of contracts you have with employees, what kind of business transfer or undertaking you're planning, and your goals and preferences as a director.

If you're a company owner or director and you're curious about employee rights during insolvency, don't hesitate to contact us for free confidential advice. You can also reach us on our director's information hotline – 0800 2316040.

With 75 offices stretching from Inverness down to Exeter, Real Business Rescue can offer unparalleled director advice across the UK.

Who we help
  • Company Directors
  • Finance Directors
  • Sole Traders
  • Accountants
  • Small Businesses
  • Large Businesses
  • Partnerships
Contact our team
Jonathan Munnery
Gillian Sayburn
Julie Palmer
or Find your Nearest Office

Here at Real Business Rescue we take your privacy seriously and will only use your personal information to contact you with regards to your enquiry. We will not use your information for marketing purposes. See PRIVACY POLICY

Business Rescue Advice for Directors
Free Guide for Limited Company Directors
Business Rescue Advice for Directors
  • How to manage company cash flow problems
  • Advice on dealing with HMRC
  • Understanding rescue and closure options
  • And much more...
Free Guide Download
Desling with your Insolvent Clients
Business Rescue Guide for Accountants
Dealing with your Insolvent Clients
  • Helping you advise insolvent clients
  • Spotting signs of client distress
  • Exploring business rescue options
  • And much more...
Free Guide Download
Our numbers speak for themselves
Number of UK Offices
Directors Helped
Licensed Insolvency Practitioners