insolvency
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USDAW & Anor v Ethel Austin Ltd & Ors [2014] EWCA Civ 142
Judgment explaining reasons for referring this case to the CJEU. The proceedings involve collective redundancy consultation where the insolvent employers had multiple sites, some with more and some with fewer than 20 employees, the limit required by s188 of TULRCA 1992 to qualify for a protective award. Employees at the smaller sites had been unsuccessful in their claims for such an award.
- cases
23/02/2014 17:54
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Secretary of State for Business, Innovation & Skills v McDonagh & Anor UKEAT/0287/12/LA; Secretary of State for Business, Innovation & Skills v Pengelly & Anor UKEAT/0312/12/LA
Appeal against the rulings of two EJ’s that the claimants could claim arrears of pay and holiday from the National Insurance Fund following the insolvency of their employers. Appeal allowed.
- cases
03/05/2013 15:14
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USDAW and Others v WW Realisation 1 Limited (in Liquidation) and Others (Case Numbers: 3201156/2010 and others)
Employment Tribunal decision concerning claims for protective awards following the demise of Woolworths and involving consideration of the meaning of establishment for the purposes of making such an award. Protective awards were made but did not apply to anyone employed at a store with less than 20 employees.
- cases
29/01/2012 18:37
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Key2Law v De'Antiquis & Anor [2011] EWCA Civ 1567
Appeal by respondent against decision that there had been a relevant TUPE transfer but where the respondent argued that because the business they acquired was in administration, the TUPE requirements were disapplied. Appeal dismissed.
- cases
21/12/2011 14:23
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The Secretary of State for Business Innovation & Skills v Coward & Anor UKEAT/0034/11/ZT
Appeal against a ruling that the claimant was entitled to claim notice pay from the Secretary of State for Business, Innovation and Skills because the company which employed her had become insolvent. Appeal allowed and the order for payment of notice pay was set aside.
- cases
16/08/2011 10:12
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Pressure Coolers Ltd v Molloy & Ors UKEAT/0272/10/RN
Appeals against decision, following a review, that the Respondent was liable to pay the claimant's basic award and notice following his dismissal after a “pre-pack” administration. Appeals dismissed.
- cases
10/06/2011 17:30
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TUPE and companies in administration - a dead cert?
Mark Shulman and Rachael Taylor of Cumberland Ellis look at recent cases on insolvency and the implications under TUPE
- resources
08/05/2011 17:56
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OTG Ltd v Barke & Ors UKEAT/0320/09/RN
Five appeals, listed together, concerning the correct approach on the issue of whether administration can disapply regulation 4 of TUPE.
- cases
21/02/2011 08:56
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McCartney & Unite v Nortel Networks [2010] EWHC 826 (Ch)
Judgment on applications concerning whether redundant employees of a company in administration can pursue claims against that company and whether their claims for unfair and wrongful dismissal are exceptional items or are normal debts in administration. Applications refused.
- cases
06/05/2010 10:31
