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Administration  23 Apr 2008, 13:15 by Joseph Neville  Labels:
administration, court-of-appeal, employment, insolvency,
machinations, tupe, unfair-dismissal    The recent Court of
Appeal case of Dynamex Friction Ltd & Anor v Amicus & Ors is a
fascinating look at the impact upon employees where a company
enters administration and the business subsequently passes to a
phoenix company. In many cases the owners and controllers of the
phoenix are the same individuals who drove the original company
into administration in the first place.  The Transfer of
Undertakings (Protection of Employment) Regulations 2006 are
designed to provide rights to employees where their employment
transfers from one person or company to another. It provides
that employees will have a claim of unfair dismissal if they
were dismissed in consequence of the transfer. If the business
had simply been sold on without t