Corporate insolvency : employment rights

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Bibliographic Information

Corporate insolvency : employment rights

David Pollard

Bloomsbury Professional, c2016

6th ed

Available at  / 1 libraries

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Includes index

Description and Table of Contents

Description

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

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