This is a preview. To continue reading please log in or Register to read this article

Unfair dismissal: Right to claim unfair dismissal does not vest in trustee in bankruptcy

This report relates to 1 case(s)

  • expand disabled

    Grady v HM Prison Service [2003] IRLR 474 CA (0 other reports)

In Grady v HM Prison Service [2003] IRLR 474, the Court of Appeal holds that the EAT erred in holding that a bankrupt had no standing to pursue a complaint of unfair dismissal. Such a complaint, by virtue of its nature and potential remedies, is personal to the complainant. It is not a "thing in action" which vests by law in the trustee in bankruptcy. Any eventual fund awarded to a bankrupt who has successfully claimed unfair dismissal may, however, form part of his or her estate.