When an employer is insolvent, employees can claim debts (Arrears, Notice, Holiday, Basic Award) from the National Insurance Fund.
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Secretary of State v Westwood [1984] IRLR 209
Browne-Wilkinson J
Insolvency; notice pay; the Secretary of State cannot deduct tax/NI from notice pay if the claimant didn't actually receive the money.
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Morris v Secretary of State for Employment [1985] ICR 522
Waite J
Insolvency; notice; an employee is entitled to notice pay from the NIF even if they find a new job immediately (subject to mitigation).
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Wagner Miret v Fondo de Garantia Salarial Case C-334/92; [1993] ECR I-6911 [judgment]
J.C. Moitinho de Almeida, D.A.O. Edward, R. Joliet, G.C. Rodríguez Iglesias and F. Grévisse, Judges
ECR I-6911 - Insolvency; EU law; state liability for failure to implement the insolvency directive.
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Mann v Secretary of State for Employment [1999] ICR 898 [judgment]
Lord Slynn, Lord Hobhouse, Lord Hope, Lord Hoffmann, Lord Jauncey
Insolvency; notice pay; insolvency payments are subject to the statutory cap.
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Titchener v Secretary of State for Trade and Industry [2002] IRLR 195
MR P DAWSON OBE, MRS J M MATTHIAS
Insolvency; jurisdiction; the tribunal can determine if a dismissal was unfair to trigger a Basic Award from the NIF.
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Rodriguez Caballero v FOGASA Case C-442/00; [2003] IRLR 115; [2002] ECR I-11915 [judgment]
J.-P. Puissochet, President of the Chamber; C. Gulmann, V. Skouris, F. Macken, N. Colneric, Judges; Advocate General L.A. Geelhoed
ECR I-4233 - Insolvency; discrimination; excluding certain claims from the guarantee fund was discriminatory.
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Chaudhry v Paperchase Products Ltd [2025] EAT 181 [judgment]
The Honourable Mr Justice Kerr
Insolvency; a Basic Award is not payable by the Secretary of State without a Tribunal judgment liability.