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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Corporate Insolvency: Employment and Pension Rights 6th ed

ISBN13: 9781784514754
Previous Edition ISBN: 9781847668875
To be Published: December 2016
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback, 2 Volumes
Price: £180.00

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.

Following discussions with the author, we believe there is an opportunity to broaden its appeal and for the 6th edition of Corporate Insolvency: Employment and Pension Rights the proposal is to offer the title as two separate, stand-alone volumes:

  • Corporate Insolvency: Employment Rights; and
  • Corporate Insolvency: Pension Rights
In addition Corporate Insolvency: Employment and Pension Rights (6th Ed) will continue to be available as a pack comprising both the stand-alone titles.

The rationale behind this decision is that traditionally legal practitioners, solicitors and barristers, tend to specialise in one area only whether, in this case, it be employment law, pensions law or insolvency law. The structure of the current edition is such that the first half focuses on the application of the rules relating to corporate insolvency and how they impact on employees with the second half of the book focusing on how they impact on pensions. Whilst there is some overlap in the issues that need to be considered, the majority of issues that need to be considered by employment practitioners and pensions practitioners in relation to corporate insolvency are different. This makes it very easy to split in to two stand-alone volumes. As the book is published currently there is information that is superfluous to employment practitioners and information that is superfluous to pensions practitioners, by splitting it in to two stand-alone volumes we will be able to target the relevant volumes more effectively in to these disctinct markets whilst keeping the insolvency market serviced by the pack.

Both volumes will cross-refer heavily to each other thereby maintaining the connection between the two titles for the pack.

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.

Insolvency Law, Employment Law
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)
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?