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9 June 2011
Employment Appeal Tribunal
Cox J; Mr B Beynon; Sir Alistair Graham KBE
Some liabilities of insolvent companies pass to the Secretary of State. This is the effect of Part II of the ERA 1996. Specifically, where employment has been terminated on insolvency, debts such as arrears of pay, holiday pay, notice pay and the basic award for unfair dismissal pass to the Secretary of State.
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The status of employment rights on the transfer of an undertaking is an extremely complex area of...