Insolvency; payments from the National Insurance Fund; the weekly cap. Payments for arrears of pay owed by an insolvent employer are calculated by applying the statutory weekly cap in s.186(1) ERA 1996 before deducting national insurance contributions and recoupable benefits. The EAT followed Morris v Secretary of State for Employment, which it held was correctly decided and unaffected by Mann v Secretary of State for Employment, a case on a different provision; the Insolvency Directive did not require the cap to be applied after the deductions.
Insolvency; basic award; ss.182 and 184(1)(d) ERA 1996. The EAT (Kerr J) dismissed the claimant's appeal [79], upholding the tribunal's reading that the Secretary of State is liable to pay 'any basic award of compensation for unfair dismissal' only where a tribunal has decided that the employee is entitled to one; the administrator's acceptance of the claim was not enough [16]-[17]. The claimant would therefore need to succeed in his stayed unfair dismissal claim to recover a basic award from the National Insurance Fund [6].
Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.