[1995] ICR 673, EAT and 1995 IRLR 421, EAT and Times Law Reports, 7th April 1995.

NOTES

  • Clark v Secretary Of State For Employment [1995] ICR 673, EAT (1994 Nov 9; 1995 March 10 - Mummery J., Miss J.W. Collerson and Lord Gladwyn of Clee)
  • The full text of this judgment is available free of charge on the BAILII website.

    Authority for the propositions that:-

    1. if UK law fails properly to implement a basic provision of the EC Treaty, the provisions of the EC Treaty will prevail;

    2. sums payable by an employer to an employee for failing to give notice are "pay" within article 119 (which later became Treaty of Rome art 141) and remain as such for the purposes of a claim against the Secretary of State if the employer is unable to make the payment because of insolvency.

    For relevant general notes see Notice periods/rights of employee during/to remuneration and/or Insolvency/government guarantees on insolvency of employer/wages, holiday pay etc and/or European Law/priority over English law .


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