| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 116 (Aug) |
| Court: | Employment Appeal Tribunal |
| Judge: | Judge Richardson |
| Representation | James Purnell (instructed by the Treasury Solicitor (Employment Law Team)) for the Secretary of State. |
| The employee did not appear and was not represented. | |
| The company was in liquidation. | |
| Judgment Dates: | 21 July 2011 |
Catchwords
Employment - Remuneration - Notice pay - Employer company being dissolved following selection of employee for redundancy - Employee seeking redundancy and notice pay from respondent Secretary of State - Employment tribunal awarding employee payments sought - Secretary of State appealing against award in respect of notice pay - Whether Secretary of State's liability to meet payment of notice pay existing where no relevant events of insolvency occurring - .
The Case
Employment Remuneration. The Employment Appeal Tribunal (the EAT) allowed the appeal by the respondent Secretary of State for Innovation and Skills against a decision of the employment tribunal to award the employee notice pay in circumstances where the employer company had been dissolved. Applying established authority, the EAT held that the necessary events for establishing the company's insolvency, as set out in of the Employment Rights Act 1996, had not been proved.
Practice Areas
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