Workplace Report (July 2003)

Features: Law Tribunal Procedures

Bankruptcy

Case 7: The facts

Ms Grady, an administration officer, brought claims of unfair and wrongful dismissal and disability discrimination against the prison service. She was subsequently declared bankrupt and the issue was whether she had an independent right to pursue the claims.

The ruling

The Court of Appeal said that Grady did not have a right to pursue the wrongful dismissal and disability discrimination claims because these were claims involving monetary compensation and it was for the trustee dealing with her bankruptcy to decide on whether or not to take them forward. However, she could pursue the unfair dismissal case as it was not about compensation but about restoration of the employment contract through reinstatement.

* Grady v HM Prison Service, Court of Appeal


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