EAT Rights On Insolvency – Two separate Employment Tribunals decided that Claimants who had been employed (without knowing it) by a company which had entered a CVA were entitled to claim arrears of pay and holiday pay from the National Insurance Fund when subsequently the company went into liquidation. In each case, the reasoning was flawed: the first Judge introduced concepts which were not present in Part XII of the ERA 96; the second relied on a view of the meaning of the EC Directive 2008/94 which was shown by the Appellant to be mistaken. The parties agreed that unless modified by reference to the Directive the domestic legislation precluded the claims; the EAT held that the Directive did not require any such modification, nor any different interpretation.
Judges:
Langstaff P J
Citations:
[2013] UKEAT 0312 – 12 – 1402
Links:
Statutes:
EC Directive 2008/94, Employment Rights Act 1996
Jurisdiction:
England and Wales
Employment, Insolvency
Updated: 09 December 2022; Ref: scu.495205
