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Collective redundancies: Employer company liable for post-liquidation protective award

This report relates to 1 case(s)

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    Haine and another v Day [2008] IRLR 642 CA (1 other report)

    • Haine and another v Day

      Date:
      10 July 2008

      The Court of Appeal has held that a protective award for an insolvent company's failure to consult on redundancies should have been paid out of the company's assets by the liquidator and not by the Secretary of State for Business Enterprise and Regulatory Reform.

In Haine and another v Day [2008] IRLR 642, the Court of Appeal held that a protective award made after the employer company went into liquidation in respect of its failure to consult before making collective redundancies was a provable, and therefore potentially recoverable, debt.