The announcement yesterday that Rangers Football Club is to be placed into liquidation has one bizarre consequence- the country’s football media are now prominently featuring comment on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). Those who have had to consider TUPE in the past are no doubt aware of the technical nature of its provisions; the difficult practical problems it can throw up can be more complicated than the offside rule!
Leaving aside the sporting issues and the emotional debates which have arisen about the rights and wrongs of the situation in which Rangers has found itself, there are some interesting employment law considerations surrounding the statement made by Charles Green (the individual fronting the consortium looking to buy the club) regarding the ability of a “newco” to retain Rangers current playing staff.