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Insolvency payments: Correct method for calculating payments due to employees of insolvent employers

This report relates to 1 case(s)

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    Titchener v Secretary of State for Trade and Industry [2002] IRLR 195 EAT (0 other reports)

In Titchener and others v The Secretary of State for Trade & Industry 21.9.01 EAT 0026/01, the EAT upholds an employment tribunal's decision affirming that the correct method for calculating arrears of pay, in this case a protective award owed to employees of an insolvent employer, was applied by the Secretary of State - namely, to take the weekly gross pay figure for each employee, apply the statutory cap set by s.186(1) of the Employment Rights Act 1996, and then deduct from the resultant figure amounts due by way of national insurance contributions and any relevant benefits that had to be recouped.