The liquidator sought directions from the court after former employees of the company submitted proofs of debt in respect of protective awards made for the company’s failure to consult on their redundancy before going into liquidation.
Held: The Act provided one remedy only for enforcement, and the debts were not provable. At the date of the liquidation, the employees had no contingent or other debt capable of being proved.
Judges:
Sir Donald Rattee
Citations:
Times 28-Dec-2007, [2007] EWHC 2691 (Ch), [2008] ICR 452
Links:
Statutes:
Insolvency Act 1986 112, Trade Union and Labour Relations (Consolidation) Act 1992
Jurisdiction:
England and Wales
Citing:
Cited – Julius v Lord Bishop of Oxford and Another HL 23-Mar-1880
A statute enacted that with regard to certain charges against any Clerk in Holy Orders it ‘shall be lawful’ for the Bishop of the diocese ‘on the application of any party complaining thereof’ to issue a commission for enquiry.
Held: The words . .
Cited by:
Appeal from – Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine CA 11-Jun-2008
Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act . .
Cited – Casson and Another v The Law Society Admn 20-Oct-2009
Two solicitors had been made bankrupt and then discharged from bankruptcy. They suffered adjudications by the SDT awarding compensation for matters occurring before the bankruptcies. They appealed, saying that the awards were bankruptcy debts from . .
Lists of cited by and citing cases may be incomplete.
Employment, Insolvency
Updated: 02 February 2022; Ref: scu.263653