In this Part “the appropriate date”—
(a)in relation to arrears of pay (not being remuneration under a protective award made under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992) and to holiday pay, means the date on which the employer became insolvent,
(b)in relation to a basic award of compensation for unfair dismissal and to remuneration under a protective award so made, means whichever is the latest of—
(i)the date on which the employer became insolvent,
(ii)the date of the termination of the employee’s employment, and
(iii)the date on which the award was made, and
(c)in relation to any other debt to which this Part applies, means whichever is the later of—
(i)the date on which the employer became insolvent, and
(ii)the date of the termination of the employee’s employment.
Cases considering section 185 8
[2019] EWCA Civ 725 · 17 April 2019
Applies the definition of the appropriate date so that, for arrears of pay, the relevant date is when the employer became insolvent. (see para [11])
[2025] EAT 181 · 10 December 2025Interprets
The court contrasted ordinary arrears of pay, for which the appropriate date is insolvency, with the special rules for protective and basic awards. (see paras [67]-[68])
The court held that the appropriate date for a basic or protective award is the latest of insolvency, termination and the making of the award. This necessarily requires an award before the Secretary of State's payment obligation arises. (see paras [68]-[70])
The court considered, without deciding, that the basic-award element of an arbitral award under a designated dismissal procedures agreement would probably fall within the residual category. That point did not affect the analysis. (see para [69])
[2015] UKEAT 0505_13_0302 · 3 February 2015Limits
Section 185's appropriate date was not brought forward by Regulation 8(3). Accordingly, it could not make post-transfer debts payable by the Secretary of State. (see paras [14]; [21])
4 more judgments, and what each says about section 185, are in the
case-law panel in the full Act.