Employee claims in insolvency: no recovery of basic award for unfair dismissal without a tribunal judgment

Zara Khan, Louise Corcoran and Frances Rollin of Stevens & Bolton reveal that the EAT confirmed that employees cannot recover a basic award for unfair dismissal from the National Insurance Fund without an actual tribunal judgment, even where insolvency has stayed proceedings, and signalled that officeholders should ordinarily consent to limited tribunal claims aimed solely at securing such an award.

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