Source: All England Reporter
Publisher Citation: [2008] All ER (D) 121 (Jun)
Neutral Citation: [2008] EWCA Civ 626
Court: Court of Appeal, Civil Division

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


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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