Main v SpaDental Ltd

Subject Matter

BANKRUPTCY — Property passing to trustee — Award for unpaid holiday pay — Claimant not receiving holiday pay for entire period working at company — Claimant bankrupt for one year — Claimant bringing claim for unpaid holiday pay following discharge from bankruptcy — Whether award falling within “estate” — Whether “belonging to or vested in bankrupt” at commencement of bankruptcy — Whether personal or proprietary claim — Whether interest payable on award of holiday pay — Whether loss could be assumed to arise from delayed payment — Insolvency Act 1986 (c 45), ss 283(1), 306, 436(1) — Employment Rights Act 1996 (c 18), ss 13, 23 — Working Time Regulations 1998 (SI 1998/1833), regs 16(1), 30

[2024] EAT 200; [2025] ICR 1013; [2025] WLR(D) 4, EAT

EMPLOYMENT — Working time provisions — Paid annual leave — Claimant providing services to respondent company for six years — Claimant bankrupt during one year — Successful claim for six years’ unpaid holiday pay made after discharge from bankruptcy — Whether award falling within bankrupt’s estate — Whether claim personal or proprietary — Whether award to be paid to trustee in bankruptcy — Whether interest payable on award — Insolvency Act 1986 (c 45), ss 283(1), 306, 436(1) — Working Time Regulations 1998 (SI 1998/1833), regs 13, 16(1), 30

[2024] EAT 200; [2025] ICR 1013; [2025] WLR(D) 4, EAT