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Insolvency payments: set-off and mitigation

This report relates to 1 case(s)

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    Secretary of State for Employment v (1) Wilson and others (2) BCCI [1996] IRLR 330 EAT (0 other reports)

In Secretary of State for Employment v (1) Wilson and others (2) BCCI [1996] IRLR 330 the EAT holds that, in making payments to employees of insolvent employers, the Secretary of State is liable to pay only the amount to which the employee is legally entitled. In determining the amount of the employer's debt, account must therefore be taken of contract law and the relevant statutory insolvency provisions - including the principles of set-off.