Administrator's status
1/11/23
R v NORTHERN DERBYSHIRE MAGISTRATES’ COURT [2023] UKSC 38
Administrators appointed under Sch. B1 of the Insolvency Act 1986 are not officers of a company in the context of the 1986 Act nor for the purpose of the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 which make it an offence for an officer of a company to fail to notify the Secretary of State of proposed redundancies. In re Home Treat Ltd (1991), Re Powertrain (2015) and Schofield v Smith (2022) had been wrong to treat administrators as officers of a company.