Personal Liability of Directors
In a whistleblowing case, the employee sought to bring proceedings for dismissal and detriment arising out of a claim that he was whistleblowing. Unfortunately, the company was insolvent. Could the directors be made liable for any compensation payable? The Tribunal decided that they could in the particular circumstances of this case where the employee had been subjected to a detriment by the directors.
Can an employee lose the right to the minimum amount of annual leave where that leave is not taken in the holiday year? The answer appears to be that this is only so where the employee has been given the opportunity to take the minimum leave but has then failed to do so.
N.B. These notes are for guidance only and further advice should be sought before undertaking any action so that the full consequences can be considered.