ABSTRACT
This chapter discusses and analyses TUPE Regulations and their impact on corporate rescue and employment protection in the UK. Where a relevant transfer of an insolvent but viable business is subject to TUPE Regulations, both employment law and insolvency law have distinct objectives that they set out to achieve. While the main objective of employment law is to safeguard the rights and interests of employees, such as the continuity of the employment relationship between the debtor employer and the employees, insolvency laws would prioritise the rescue of the insolvent but viable company as a going concern. Substantively, the objectives of employment protection on the one hand, conflict with the objectives of insolvency law on the other hand. Consequently, this creates a tension between the objectives pursued by employment law and insolvency law. The chapter analyses this tension. This chapter argues that a balance between the two objectives of employment protection and corporate rescue is needed if both objectives are to be pursued alongside each other.
