Corporate Insolvency: Employment and Pension Rights is the only book of its kind to successfully bridge the gap between the three distinct disciplines of pensions, employment and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.
How this book can help you in your work: Through a mix of legislation, case law, analysis and comment, this well-regarded text will give you all the information you need to answer your clients' questions.
It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims?
Updates for the 6th edition include: · The changes to expenses and provable debts following the Supreme Court decision in Nortel · Changes to Tupe in 2014 · Who is a “worker”: Clyde & Co v Bates van Winkelhof · Caselaw on Tupe and dismissals, including: Crystal Palace FC Ltd v Kavanagh · New employment tribunal fees and penalties · Changes to preferential debts · The Supreme Court decision in Nortel and its impact on recovery under TPR's moral hazard powers · Limits on the amount of contribution notices: Re Storm Funding · Issues on s75 debts: MNRPF v Stena · Cases on TPR's moral hazard powers · Surpluses on winding up: UC Rusal Alumina v Miller
Why you should read this book: Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment, pensions and insolvency fields. If you work as an employment practitioner, pensions practitioner, corporate insolvency practitioner or accountant, you will find its up-to-date case law and practical analysis an essential aid to your work.
Read an extract of Corporate Insolvency: Employment and Pension Rights
Table of Contents
- Introduction - Employment law - Directors and controlling shareholders as employees - Occupational pension schemes - Redundancy and Tupe: Consultation with employees - Consultation – penalties and special circumstances (Tupe and TULRCA) - Works Councils - Pensions consultation – PA 2004 - Insolvency proceedings - Insolvency: moratorium on legal proceedings and process - Start of insolvency proceedings: effect on employees - Effect of termination of employment - Protective awards and redundancy consultation in insolvency - Personal liability of Insolvency Practitioners - IP personal liability: direct criminal or civil penalty liability - IP personal liability: discrimination legislation - Preferential debts - Preferential debts: subrogation of third parties and NI Fund - Pensions as a preferential debt - National Minimum Wage - Pensions – auto-enrolment - EC Employment Insolvency Directive - National Insurance Fund - NI Fund: Subrogation of the Secretary of State - NI Fund: Procedure on claims from the Secretary of State - Statutory maternity, sick and adoption pay - Summary table: status of employee claims (preferential/NI Fund) - Set-off - Carrying on business: impact on employee and pension claims - Carrying on business – Nortel and overview of issues - provable debts/ insolvency expense/ adopted contract/ black hole? - Carrying on business – provable debts - Carrying on business – insolvency expenses - Summary table: employee claims in administration – expenses or adopted - Insolvency expenses: receivers? - Carrying on business – adopted employment contracts - PAYE and national insurance - Transfer of Undertakings: Introduction and impact of Europe - Tupe 2006 – terminal insolvencies - Tupe 2006 – non-terminal insolvencies - Tupe 1981 – hive downs - Tupe 2006 – information and consultation with employees - Tupe 2006 – definition of transfer - Tupe 2006 – provision of information to transferee - Tupe: Impact on dismissals instigated by IP - Tupe: Pension liabilities - “Pre pack” administrations - Pensions and other trusts - Insolvency event – PPF and s75 - PPF: Pension Protection Fund: overview - PPF: notice obligations on IPs - PPF: Assessment periods - TPR/PPF: notification obligations and power to gather information - Independent trustee obligations - Excluded schemes: Scope of the main pensions legislation - Who is an employer under the pensions legislation? - Contributions to pension schemes - Section 75: Debt on employer - Section 75: Amount of the debt - Section 75 Debt: flowchart - Section 75: Allocation arrangements and withdrawal arrangements under the Employer Debt Regulations - Section 75 compromises - Multi-employer schemes: PPF and s75 - TPR Moral hazard powers - Moral hazard and restructuring - TPR's practice on moral hazard powers - Money purchase schemes - Winding up the pension scheme - Winding-up the scheme: surpluses - Overseas employees and insolvencies - Who is connected or associated?