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Corporate Insolvency: Employment Rights

Corporate Insolvency: Employment Rights

  • 作者:
  • 出版商: Bloomsbury Professional (formerly Tottel Publishing)
  • ISBN: 9781784514679
  • 出版时间 December 2016
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    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

  • 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?

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