||All England Reporter
|| All ER (D) 121 (Jun)
|| EWCA Civ 626
||Court of Appeal, Civil Division
Thomas, Jacob and Wall LJJ
||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.
||11 June 2008
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.
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.
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