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Day v Haine - protective awards made after liquidation of employer are not "provable debts" - Chancery Division 19.10.07

Under TULR(C)A 1992 s189 an employment tribunal has power to make a "protective award" where an employer fails to consult over redundancies. In this case protective awards were made in favour of employees four months after they were dismissed on redundancy, without consultation, and the company became insolvent. The debt against the employer in favour of the employee arises only once the tribunal has exercised its discretion and made such an order.

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