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Insolvency

New and updated

  • Date:
    29 August 2008
    Type:
    Law reports

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

    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.

  • Date:
    10 July 2008
    Type:
    Law reports

    Haine and another v Day

    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.

  • Date:
    27 February 2008
    Type:
    Law reports

    TUPE case law update

    This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

  • Date:
    24 November 2007
    Type:
    Law reports

    TUPE: Liability for certain debts owed to employees did not pass to secretary of state

    In Secretary of State for Trade and Industry v 1) Slater and others 2) CFG Nationwide Site Services Ltd EAT/0119/07, the EAT holds that reg. 8 of the Transfer of Undertakings (Protection of Employment) Regulations 2006, which provides that certain debts owed to employees by an insolvent transferor should be met by the secretary of state rather than by the transferee, applies only if a formal insolvency procedure has commenced before the date of the transfer. Preparation for such a procedure is insufficient.

  • Date:
    11 March 2005
    Type:
    Law reports

    Redundancy: Protective award made despite insolvency

    In Smith and another v Cherry Lewis Ltd (in receivership), the EAT holds that protective award made under s.189 of TULR(C)A 1992 is intended to be a collective, punitive sanction on the employer, not compensation for individual loss to the employees.

  • Date:
    16 April 2004
    Type:
    Law reports

    Transfer of undertakings: No transfer where transferor in compulsory liquidation

    In Perth & Kinross Council v Donaldson and others, the EAT holds: where a company has been the subject of a winding-up order and has entered into compulsory liquidation, the Transfer of Undertakings (Protection of Employment) Regulations 1981 cannot apply when another entity takes it over.

  • Date:
    1 January 2003
    Type:
    Law reports

    EC: ECJ case law round-up

    In our latest round-up of decisions from the European Court of Justice (ECJ), we look at cases on equal pay, the principle of equal treatment as related to working conditions, the meaning of a transfer for the purposes of the business transfers Directive and, finally, guarantee payments to employees following the insolvency of their employers.

  • Date:
    1 January 2002
    Type:
    Law reports

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

    In Titchener and others v The Secretary of State for Trade & Industry, 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.

  • Type:
    FAQs

    How can an employee reclaim any money beyond the first £800 owed to them by an insolvent employer?

  • Type:
    FAQs

    What happens if an insolvent employer has failed to pay contributions into a pension plan?