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Vol 24 No 9 Sept/Oct 2019

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Corporate Insolvency: Employment Rights

ISBN13: 9781784514679
Published: December 2016
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £110.00

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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.

There is a companion book, also by David Pollard, Corporate Insolvency: Pension Rights isbn 9781784514716

Insolvency Law, Employment Law
Chapter 1: Introduction
Chapter 2: Employment law
Chapter 3: Directors and controlling shareholders as employees
Chapter 4: Redundancy and Tupe: Consultation with employees
Chapter 5: Consultation – penalties and special circumstances (Tupe and TULRCA)
Chapter 6: Works Councils
Chapter 7: Insolvency proceedings
Chapter 8: Insolvency: moratorium on legal proceedings and process
Chapter 9: Start of insolvency proceedings: effect on employees
Chapter 10: Effect of termination of employment
Chapter 11: Protective awards and redundancy consultation in insolvency
Chapter 12: Personal liability of Insolvency Practitioners
Chapter 13: IP personal liability: direct criminal or civil penalty liability
Chapter 14: IP personal liability: discrimination legislation
Chapter 15: Preferential debts
Chapter 16: Preferential debts: subrogation of third parties and NI Fund
Chapter 17: National Minimum Wage
Chapter 18: Pensions – auto-enrolment
Chapter 19: EC Employment Insolvency Directive
Chapter 20: National Insurance Fund
Chapter 21: NI Fund: Subrogation of the Secretary of State
Chapter 22: NI Fund: Procedure on claims from the Secretary of State
Chapter 23: Statutory maternity, sick and adoption pay
Chapter 24: Summary table: status of employee claims (preferential/NI Fund)
Chapter 25: Set-off
Chapter 26: Carrying on business: impact on employee and pension claims
Chapter 27: Carrying on business – Nortel and overview of issues - provable debts/ insolvency expense/ adopted contract/ black hole?
Chapter 28: Carrying on business – provable debts
Chapter 29: Carrying on business – insolvency expenses
Chapter 30: Summary table: employee claims in administration – expenses or adopted
Chapter 31: Insolvency expenses: receivers?
Chapter 32: Carrying on business – adopted employment contracts
Chapter 33: PAYE and national insurance
Chapter 34: Transfer of Undertakings: Introduction and impact of Europe
Chapter 35: Tupe 2006 – terminal insolvencies
Chapter 36: Tupe 2006 – non-terminal insolvencies
Chapter 37: Tupe 1981 – hive downs
Chapter 38: Tupe 2006 – information and consultation with employees
Chapter 39: Tupe 2006 – definition of transfer
Chapter 40: Tupe 2006 – provision of information to transferee
Chapter 41: Tupe: Impact on dismissals instigated by IP
Chapter 42: Tupe: Pension liabilities
Chapter 43: “Pre pack” administrations
Chapter 44: Overseas employees and insolvencies
Chapter 45: Who is connected or associated?