This case at the EAT emphasises that the rules for eligibility for payment of notice pay from the Secretary of State are different to the rules for eligibility for payment of redundancy pay from the Secretary of State and in the case of the former, the Claimant must adduce evidence that the Respondent is insolvent as defined i.e. where the Respondent is a company, a winding up order has been made or a resolution for voluntary winding up has been passed or the company is in administration or a receiver has been appointed or a voluntary arrangement has been proposed and approved.

Accordingly in some cases, it is possible to receive redundancy pay from the Secretary of State, but not notice pay.