header-logo header-logo

Non-trivial pursuit

17 October 2019 / Shane Crawford
Issue: 7860 / Categories: Features , Employment , Tribunals
printer mail-detail
9451
Shane Crawford discusses pursuing a claim against the employer during a statutory moratorium, under the Insolvency Act 1986

The existence of the moratorium on litigation against a company in administration presents a significant impediment to many employees seeking to enforce employment rights. The recent case of Ince Gordon Dadds LLP and ors v Tunstall and ors UKEAT/0141/19/JOJ (Tunstall) considers the extent of the moratorium and in particular demonstrates that if claims are sought against individuals, not simply the company, the moratorium does not extend to those individuals. Moreover, if TUPE applies the transferee does not benefit from the bar on litigation against the insolvent employer.

The claim

Tunstall sought to claim unfair dismissal and discrimination claims in addition to automatic unfair dismissal under TUPE. She had named the partners of the LLP employer as individual respondents as well as the new company acquiring the business under TUPE.

The facts

Tunstall was a solicitor who worked for the first and subsequently second respondent employer who had gone into administration. The third, fourth,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll