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Insolvency

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  • Date:
    1 January 1996
    Type:
    Law reports

    Insolvency: Notice pay on insolvency reduced by mitigation

    In Secretary of State for Employment v Thompson, an employee whose employment ended without notice on his employer's insolvency was entitled to notice pay from the national insurance fund, but was under a duty to mitigate his loss.

  • Date:
    1 July 1995
    Type:
    Law reports

    Equal pay: Article 119 covers notice pay on employer's insolvency

    The EAT holds in Clark v Secretary of State for Employment that pay in lieu of notice is "pay" within the meaning of Article 119, even if the payment is made by the Secretary of State for Employment out of the National Insurance Fund where the employer is insolvent.

  • Date:
    1 April 1995
    Type:
    Law reports

    Insolvency: Administrators and receivers liable on adopted contracts

    Where the conduct of an administrator or receiver of a company amounts to an election to treat a continued contract of employment as giving rise to a separate liability in the administration or receivership, that contract is "adopted" within the meaning of the Insolvency Act 1986, holds the House of Lords in Powdrill and Atkinson v Watson and another; Talbot and another v Cadge and another; and Talbot and another v Grundy and another.

  • Date:
    31 December 1987
    Type:
    Law reports

    Secretary of State for Employment v Cooper

    In Secretary of State for Employment v Cooper [1987] ICR 766 EAT, the Employment Appeal Tribunal held that it was appropriate for the Secretary of State for Employment to reduce the amount of money awarded in lieu of notice in an insolvency case by an amount equivalent to the basic rate of tax.

  • Date:
    17 April 1984
    Type:
    Law reports

    Insolvency: State benefits deductible in insolvency claims

    In Westwood v Secretary of State for Employment the House of Lords holds that the statutory right to minimum periods of notice amends the contract of employment. So an employee who is dismissed without statutory notice may sue for breach of contract but is under a duty to mitigate the loss. The Lords also hold that unemployment benefit received In the notice period is deductible in mitigation.