header-logo header-logo

17 October 2019 / Shane Crawford
Issue: 7860 / Categories: Features , Employment , Tribunals
printer mail-detail

Non-trivial pursuit

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll