Commentary

(g) Personal bankruptcy of the employer

Division AII Contract of Employment
| Commentary

(g) Personal bankruptcy of the employer

| Commentary

(g)     Personal bankruptcy of the employer

The appointment of a trustee in bankruptcy does not terminate the contract of employment: Thomas v Williams (1834) 1 Ad & EL 685. It was held in Belhaven Brewery Co Ltd v Berekis (1993) UKEAT/0724/92 that there was continuity of employment where a trustee in bankruptcy decided to carry on the business. The Transfer of Undertakings (Protection of Employment) Regulations 1981 SI 1981/1794 (now SI 2006/246) served to have this effect.

If the court appoints a receiver over the bankrupt's affairs, that may have the effect of bringing the contract

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