Corporate Insolvency: Employment Rights

Erscheinungsjahr 2016
ISBN: 978-1-78451-467-9
Verlag: Bloomsbury

Buch, Englisch, 728 Seiten, Hardback, Format (B × H): 156 mm x 248 mm

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.

Autoren/Hrsg.

Pollard, David

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Pollard, David
David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln's Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.

David Pollard is a solicitor and a consultant with Freshfields Bruckhaus Deringer LLP. A former Chair of the Association of Pension Lawyers (APL), he was for 25 years a partner in Freshfields specialising in pensions, employment and insolvency law. He advised companies on issues ranging from the setting up and funding of pension schemes to the impact of corporate insolvencies and transactions. He also acted for trustees, advising them generally, including on restructurings, funding, company proposals, disputes, and queries from pension scheme members. He has twice (1998 and 2015) been awarded the Wallace Medal by the APL for excellence in communicating pension issues.