| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 121 (Jun) |
| Neutral Citation: | [2008] EWCA Civ 626 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Thomas, Jacob and Wall LJJ |
| Representation | Arfan Khan (instructed by Thompsons Solicitors) for the first respondent. |
| Richard Bulkeley Ritchie (instructed by the Treasury Solicitor) for the second respondent. | |
| Alaric Watson (instructed by Darbys, Oxford) for the applicant. | |
| Judgment Dates: | 11 June 2008 |
Catchwords
Insolvency - Redundancy - Employer's duty to consult appropriate trade union - Employer company breaching duty to consult - Trade union bringing action on behalf of employees - Employment tribunal awarding protective award - Whether award provable in liquidation of employer company - s 188 - Insolvency Rules 1986, r 12, 13.
The Case
In the instant case, protective awards made as a result of a breach of s188 the breach having occurred before the company went into liquidation, were contingent liabilities of the company and within r13 of the Insolvency Rules 1986.
Practice Areas
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