| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 196 (Apr) |
| Neutral Citation: | [2003] EWCA Civ 527 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Thorpe, Sedley LJJ and Richards J |
| Representation | Michael Mulholland (instructed by Linder Myers, Manchester) for the employee. |
| Jeremy Johnson (instructed by the Treasury Solicitor) for the employer. | |
| Judgment Dates: | 11 April 2003 |
Catchwords
Employment - Employment Appeal Tribunal - Jurisdiction - Unfair dismissal - Employee adjudicated bankrupt - Bankrupt's estate vesting in trustee in bankruptcy - Employment tribunal categorising unfair dismissal claim as form of property right rather than personal right - Correctness of decision.
The Case
An unfair dismissal claim, both in its nature and its remedies, was personal to a claimant and not apt to vest in his or her trustee in bankruptcy as a thing in action.
Practice Areas
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