Corporate Insolvency: Employment Rights

Corporate Insolvency: Employment Rights cover


Corporate Insolvency: Employment Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of 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
Providing in-depth analysis and drawing together legislation, case law, analysis and comment Corporate Insolvency: Employment Rights focuses on the application of the rules relating to corporate insolvency and how they impact on employees. It explains the detailed elements of this specialist field of law and practice, providing a useful base on which to answer questions that are likely to arise, 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?

Keep up to date
Coverage includes:
· 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

Why you should read this book
If you work as an employment practitioner or corporate insolvency practitioner, you will find the up-to-date case law and practical analysis in Corporate Insolvency: Employment Rights an essential aid to your work.

Table of Contents

Part 1: Introduction
1. Introduction and the Impact of Brexit
Part 2: Employment Law Overview
2. Employment Law
3. Directors and Controlling Shareholders as Employees
4. Redundancy and TUPE: Consultation with Employees
5. Consultation – Penalties and Special Circumstances (TUPE and TULRCA)
6. Works Councils
Part 3: Insolvency Law: Overview
7. Insolvency Proceedings
8. Insolvency: Moratorium on Legal Proceedings and Process
Part 4: The Start of Insolvency Proceedings
9. Start of Insolvency Proceedings: Effect on Employees
10. Effect of Termination of Employment
11. Protective Awards and Redundancy Consultation in Insolvency
Part 5: IP Liability and Employees
12. Personal Liability of Insolvency Practitioners
13. IP Personal Liability: Direct Criminal or Civil Penalty Liability
14. IP Personal Liability: Discrimination Legislation
Part 6: Payments to Employees
15. Preferential Debts
16. Preferential Debts: Subrogation of Third Parties and NI Fund
17. National Minimum Wage
18. Pensions: Auto-enrolment Duties
19. EC Employment Insolvency Directive
20. National Insurance Fund
21. NI Fund: Subrogation of the Secretary of State
22. NI Fund: Procedure on Claims from the Secretary of State
23. Statutory Maternity, Sick, Paternity and Adoption Pay
24. Summary Table: Status of Employees' Claims (Preferential/NI Fund) 3
25. Set-off
Part 7: Continued Employment/Carrying on Business
26. Carrying on Business: Impact on Employee and Pension Claims
27. Carrying on Business – Nortel and Overview of Issues – Provable Debts/Insolvency Expense/Adopted Contract/Black Hole?
28. Carrying on Business – Provable Debts
29. Carrying on Business – Insolvency Expenses
30. Table: Employee Claims in Administration – Expenses or Adopted
31. Insolvency Expenses: Receivers?
32. Carrying on Business – Adopted Employment Contracts
33. PAYE and National Insurance
Part 8: TUPE and Business Transfers
34. Transfer of Undertakings: Introduction and Impact of Europe
35. TUPE 2006 – Terminal Insolvencies
36. TUPE 2006 – Non-terminal Insolvencies
37. TUPE 1981 – Hive-downs
38. TUPE 2006 – Information and Consultation with Employees
39. TUPE 2006 – Changes to Definition of Transfer
40. TUPE 2006 – Provision of Information to Transferee
41. TUPE: Impact on Dismissals Instigated by IP
42. TUPE: Pension Liabilities
43. Pre-pack Administrations – Employee and Pension Issues
Part 9: Overseas Employees and Insolvencies
44. Overseas Employees and Insolvencies

Product details

Published 29 Dec 2016
Format Hardback
Edition 1st
Extent 728
ISBN 9781784514679
Imprint Bloomsbury Professional
Dimensions 248 x 156 mm
Publisher Bloomsbury Publishing

About the contributors


David Pollard

David Pollard is a leading and highly experienced…

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