Mr D Rowland v CNH2016 Ltd (In Liquidation) and Secretary of State for Business, Energy & Industrial Strategy (England and Wales : Breach of Contract) [2023] UKET 2301042/2018 (3 February 2023)

Mr D Rowland v CNH2016 Ltd (In Liquidation) and Secretary of State for Business, Energy & Industrial Strategy (England and Wales : Breach of Contract) [2023] UKET 2301042/2018 (3 February 2023)

The Tribunal held that the claimant is entitled to compensation for breach of contract and statutory payments, with liability transferred to the Secretary of State due to the employer's insolvency.

Source-derived case information.

Citation
[2023] UKET 2301042/2018
Parties
Claimant: Mr D Rowland; Respondent: CNH2016 Ltd (In Liquidation); Respondent: Secretary of State for Business, Energy & Industrial Strategy
Jurisdiction
United Kingdom
Judgment Date
03 February 2023
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim upheld in part
Legal Topics
Breach of Contract, Liquidation, Statutory Entitlements
Employment Law Breach of Contract Liquidation Statutory Entitlements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr D Rowland

Claimant

CNH2016 Ltd (In Liquidation)

Respondent

Secretary of State for Business, Energy & Industrial Strategy

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

  1. 1 Whether the claimant is entitled to compensation for breach of contract following the liquidation of the employer
  2. 2 Whether the Secretary of State is liable for statutory payments

Ratio Decidendi

The Tribunal held that the claimant is entitled to compensation for breach of contract and statutory payments, with liability transferred to the Secretary of State due to the employer's insolvency.

Court Disposition

Claim upheld in part

Orders

  • Secretary of State to pay statutory entitlements to the claimant
  • CNH2016 Ltd (In Liquidation) has no further liability due to insolvency