Transfers — the key developments

• TUPE will always apply to business transfers carried out by administrators, including transfers that involve “pre-pack administration”, regardless of whether or not the administrator decides that s/he is able to sell the business as a going concern (case 3).

• A business transfer under the Acquired Rights Directive requires the business to retain its identity after the transfer. The Directive contains no equivalent to the “service provision change” rules included in the TUPE regs (case 4).