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Secretary of State for Trade and Industry v Slater
''Secretary of State for Trade and Industry v Slater'' () IRLR 928 ((EAT )) is a UK labour law case, concerning the effects of a business transfer on an employee's rights at work. If the company goes into voluntary liquidation, and the business is sold before the final disposal of assets, then TUPER 2006 regulation 8 does not apply.
==Facts==
An insolvent company was going into voluntary liquidation, with the help of Deloitte accountants, on 25 July 2006. The employees were made redundant on 26 July 2006. On 27 July 2006 the business was sold as a going concern and the employees were engaged again. In August, there was a creditors meeting and Deloitte accountants were appointed as liquidators. The employees wanted arrears of pay.
The Tribunal held that, under TUPER 2006 regulation 7, ‘at the time of the transfer’ the transferor was subject to ‘insolvency proceedings’. So, the it held that TUPER 2006 regulation 4 was excluded and the National Insurance fund was liable for debts under ERA 1996 section 182. The Secretary of State appealed arguing that though there were insolvency proceedings, they were not existing ‘at the time of the relevant transfer’.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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