Administrators and receivers liable on adopted contracts

Article Abstract:

The poor wording of the Insolvency Act 1986 forced the House of Lords to dismiss three appeals concerning pay for employees in companies under receivership or similar insolvent administration. Their Lordships assigned the same meaning to 'adopt' in s.44 as it has in s.19, so the employees were entitled to back pay for periods when their companies operated under receivership. The cases also involved whether administrators or receivers have any choice in which employees' contracts to adopt.

Bankruptcy law, Priorities of claims and liens

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No jurisdiction for EAT to hear breach of contract appeals

Article Abstract:

The British Employment Appeals Tribunal (EAT) ruled in Pendragon plc v. Jackson that this administrative court has no jurisdiction to hear appeals from industrial tribunals' decisions in breach of contract cases until Parliament rectifies a lacuna in the Industrial Tribunals Act 1996. The Employment Rights (Dispute Resolution) Bill has a provision amending s. 21 which would amend that act retrospectively giving the EAT jurisdiction to hear such appeals.

Breach of contract

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Contractor liable for public sector pay increases

Article Abstract:

Private contractors must observe contractually-mandated employee pay methodologies and pay rates when contracts are transferred without amendment, according to the Employment Appeal Tribunal decisions in the 1996 BET Catering and 1997 Whent cases. Transferee employers do appear able to seek contract modifications in conjunction with the transfers, however.

Laws, regulations and rules, Workers, Outsourcing

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