Insolvency: Employee Rights

Authorities (7)

• Secretary of State v Westwood [1984] IRLR 209
  Browne-Wilkinson J

  Insolvency; notice pay; the Secretary of State cannot deduct tax/NI from notice pay if the claimant didn't actually receive the money.

• Morris v Secretary of State for Employment [1985] ICR 522
  Waite J

  Insolvency; notice; an employee is entitled to notice pay from the NIF even if they find a new job immediately (subject to mitigation).

• Wagner Miret v Fondo de Garantia Salarial Case C-334/92; [1993] ECR I-6911 [judgment]
  J.C. Moitinho De Almeida, D.A.O. Edward, R. Joliet, G.C. Rodríguez Iglesias, F. Grévisse, Judges

  ECR I-6911 - Insolvency; EU law; state liability for failure to implement the insolvency directive.

• Mann v Secretary of State for Employment [1999] ICR 898 [judgment]
  Lord Slynn, Lord Hobhouse, Lord Hope, Lord Hoffmann, Lord Jauncey

  Insolvency; notice pay; insolvency payments are subject to the statutory cap.

• Titchener v Secretary of State for Trade and Industry [2002] IRLR 195
  P Dawson, S J M Matthias J

  Insolvency; jurisdiction; the tribunal can determine if a dismissal was unfair to trigger a Basic Award from the NIF.

• Rodriguez Caballero v FOGASA Case C-442/00; [2003] IRLR 115; [2002] ECR I-11915 [judgment]
  J.-P. Puissochet, President of the Chamber, C. Gulmann, V. Skouris, F. Macken, N. Colneric, Judges, L.A. Geelhoed

  ECR I-4233 - Insolvency; discrimination; excluding certain claims from the guarantee fund was discriminatory.

• Chaudhry v Paperchase Products Ltd [2025] EAT 181 [judgment]
  Kerr J

  Insolvency; a Basic Award is not payable by the Secretary of State without a Tribunal judgment liability.