Updated to take into account the increase in the upper limit on the amount of a week's pay, in force from 6 April 2016, in respect of claims against the Secretary of State.
A Northern Ireland tribunal has awarded protective awards of 90 days' pay to former City Link employees over the company's failure to consult on their redundancies.
The Government has launched a call for evidence seeking views on ways to improve the information and consultation process prior to employers making collective redundancies in an insolvency situation to make it more effective, with the aim of improving the outcome for employees and employers.
In DLA Piper's latest case report, the Employment Appeal Tribunal examined the TUPE provisions that mean that employees do not automatically transfer where the transferor is "under the supervision of an insolvency practitioner".
In DLA Piper's case of the week, AEI Cables Ltd v GMB and others, the Employment Appeal Tribunal held that the employment tribunal, when setting a protective award for failure to inform and consult on redundancies, should have taken account of the period during which the company was insolvent.
A table listing the amounts payable for debts outstanding on termination of employment where the employer is insolvent.
A table summarising the compensation payable for breaches of rights in relation to pay and statutory payments.
Definition from the XpertHR glossary.
In Pressure Coolers Ltd v Molloy and others  IRLR 630 EAT, the EAT held that, in circumstances where a dismissal occurred after a TUPE transfer, the transferee was liable for awards for unfair and wrongful dismissal. The fact that the transferor had been in administration did not create a deemed dismissal on the date of transfer in respect of which the Secretary of State became liable to make payments. On the facts, the insolvent transferor had not effected any dismissal.
HR and legal information and guidance relating to insolvency.