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Haine v Day (2008) - Protective Awards  

The Court of Appeal recently held in the case of Haine v Day (2008) that where there has been a failure to consult by a company prior to its going into liquidation and where a Tribunal subsequently makes a protective award as a result, then it is recoverable as a provable debt post liquidation.

15 Jun 2008 by 7g7em7ini

Martland v Cooperative Insurance Society (2008)  

The question of whether someone is redundant (and therefore entitled to a redundancy payment) in circumstances where they were dismissed and then re-engaged on new terms and conditions arose in the recent Employment Appeal Tribunal (EAT) case of Martland v Cooperative Insurance Society (2008). The EAT held that it was not a redundancy situation and that the employees concerned had been dismissed for “some other substantive reason”.

18 Apr 2008 by 7g7em7ini

Position of Controlling Shareholders Considered  

The very difficult question of when a controlling shareholder is also an employee has been looked at in two recent cases in the Employment Appeal Tribunal: Clark v Clark Construction (2008) and Neufeld v A&N Communication in Print Ltd (2008). Essentially, the Employment Appeal Tribunal has held in both cases that each case has be looked at as a whole on its own facts. The fact that the individual is a controlling shareholder may raise doubts as to whether they are also an employee, but does not of itself prevent them from being an employee.
18 Apr 2008 by 7g7em7ini

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