In Secretary of State for Trade and Industry v Forde  IRLR 387 EAT, the EAT held that the industrial tribunal had erred in holding that the fact that one of two partners in the firm in which the respondent was employed had been adjudged bankrupt was sufficient to establish that the employer had become insolvent within the meaning of the Employment Protection (Consolidation) Act, section 122(1)(a) and that the Secretary of State was therefore liable for monies owed to the employee by the employer on termination of her employment.
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