An employer pays an employee\u2019s salary directly. It later transpires that the employee was under administration and that the payment should have been made to the administrator.<\/p>\n
A general partnership operates fairground attractions and employs one person. The employee has been under administration since 2 June 2022. The employee works for the general partnership from 1 July 2024 to 16 August 2024 inclusive. The general partnership pays the gross salary of \u20ac3,810.64, including an 8% holiday allowance, directly to the employee. On 11 February 2026, the administrator demands that the partnership pay the amount to her, but the partnership fails to do so.<\/p>\n
The administrator claims that the general partnership paid the wages to the wrong person, meaning that the payment does not discharge the debt. The partnership defends itself by arguing that it was unaware that the employee was under administration and that the employee himself provided the bank details. Control over the assets under administration lies not with the employee but with the administrator. The employee was not authorised to accept the payment.<\/p>\n
The court ruled that the payment made to the employee did not discharge the debt. The general partnership could have known that the employee was under administration, as the administration was recorded in the public registers. The partnership therefore remains obliged to pay the wages. The court awards the claim for the net equivalent of \u20ac3,810.64 gross, plus statutory interest from 20 February 2026. The claim for the statutory surcharge of 50% is dismissed, as the wages were paid to the employee in good time, albeit not in full discharge of the debt.<\/p>\n
An employer pays the salary directly to an employee. It later transpires that the employee<\/p>","protected":false},"author":2,"featured_media":4647,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4646","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/4646","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/comments?post=4646"}],"version-history":[{"count":0,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/4646\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/media\/4647"}],"wp:attachment":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/media?parent=4646"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/categories?post=4646"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/tags?post=4646"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}