Corporate Insolvency Employment Rights Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Corporate Insolvency Employment Rights book. This book definitely worth reading, it is an incredibly well-written.
The book offers an overview of the law of employment, pensions and corporate insolvency. It also focuses on the application of rules relating to corporate insolvency and how they affect employees and their pension rights, drawing together legislation, case law, analysis and comment.
Corporate Insolvency: Employment Rights by David Pollard Pdf
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 workProviding 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 dateCoverage 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 debtsWhy you should read this bookIf 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.
Employee Rights in Corporate Insolvency by Hamiisi Junior Nsubuga Pdf
This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the UK and the US, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees’ rights and interests. Employment laws seek to protect employees’ rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, pre-pack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal and state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin’s Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced.
Corporate Insolvency: Employment and Pension Rights by David Pollard Pdf
Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives 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 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.
Corporate Insolvency: Pension Rights by David Pollard Pdf
Corporate Insolvency: Pension Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of pensions law and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.Providing in-depth analysis and drawing together legislation, case law, analysis and comment Corporate Insolvency: Pension Rights focuses on the application of the rules relating to corporate insolvency and how they impact on pensions. 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.Coverage includes: 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; and surpluses on winding up: UC Rusal Alumina v Miller.Why you should read this bookIf you work as a pensions practitioner, corporate insolvency practitioner or accountant, you will find the up-to-date case law and practical analysis in Corporate Insolvency: Pension Rights an essential aid to your work.
Balancing the Protection of Business and Employment in Insolvency by Jennifer L. L. Gant Pdf
Following the economic shocks of 2007/08 a spotlight has been thrown on how best to support effective business rescue and employment protection. However, business rescue and employment protection often tend to conflict in law and policy. Employees attached to the sale of a business often represent a liability by reducing the business's intrinsic value and deterring business acquisitions in view employment liabilities that transfer by operation of the Acquired Rights Directive. As such, a balance must be sought between the conflicting policy objectives of business rescue and employment protection. This book presents an investigation based on a comparative legal historical analysis of the approaches taken to balancing employment protection and business rescue in the United Kingdom and France, chosen due to their legal and political influence in the EU and their archetypically different legal systems. This approach is useful as a background to future reform efforts as it explains how particular jurisdictions might receive and then implement such reforms given the underlying aims of business rescue and employment protection policies. (Series: European and International Insolvency Law Studies, Vol. 4) [Subject: Commercial Law, Labor Law]
Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
Corporate Insolvency and Rescue by Irene Lynch-Fannon,Gerard N Murphy Pdf
The second edition of this authoritative book examines in detail all the corporate insolvency procedures available in Ireland, including examination, receivership and winding-up. It examines the rights and liabilities of the parties involved in the winding-up process - company directors, shareholders, and secured and unsecured creditors - and also addresses the issue of fraudulent and reckless trading.
Connected and Associated: Insolvency and Pensions Law by David Pollard Pdf
Connected and Associated: Insolvency and Pensions Law discusses, in detail, the meaning and scope of the 'connected', 'associated' and 'control' tests used in the Insolvency Act 1986. These are in sections 249 and 435, and are incorporated by reference in pensions legislation. It also looks at the linked connected person test in The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021. Connected and Associated: Insolvency and Pensions Law will help you to: - Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings - Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004 - Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995 - Work out when a disposal by an administrator will be to a connected person - Work out who satisfies the independence test for an evaluator - Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium - Understand the implications of the Administration (Restriction on Disposal etc. to Connected Persons) Regulations 2021 Written by David Pollard, one of the leading experts in this field, this is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers. 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.
Corporate Insolvency and Rescue by Irene Lynch-Fannon,Gerard N. Murphy Pdf
Corporate Insolvency and Rescue, Third Edition provides a full description and analysis of Irish corporate insolvency law, comprehensively updated from the publication of the second edition of this text in 2012 to the present. In particular, it is updated to the Companies Act 2014, which has transformed company law in Ireland.The book provides detailed consideration of the law relating to all insolvency processes and corporate restructuring, including examinership, receivership and winding-up. It examines the rights and liabilities of the parties involved in the winding-up process - company directors, shareholders, and secured and unsecured creditors - and also addresses the issue of fraudulent and reckless trading. The third edition is a user-friendly guide for busy insolvency practitioners to this complex and evolving area of law with up to date analysis of legal developments in the field of corporate insolvency and rescue.
Transfer of Business and Acquired Employee Rights by Jens Kirchner,Sascha Morgenroth,Tim Marshall Pdf
This book provides practical, business-orientated and accessible guidance on key employment and labour law aspects in national and international transfers of business in the European Union, its member states and selected important countries around the world. It contains a comprehensive overview of relevant topics such as safeguarding of employees' rights, impacts on employees' representatives and on collective agreements, company pension entitlements, insolvency, M&A transactions and cross-border transfers of business for each country covered. This overview is accompanied by summaries of leading case law and excerpts of important national regulations. Transfers of business play an important role in today's globalised business world. In particular, employment and labour impacts of transfers of businesses are often a driving legal and business factor in national and international restructurings and M&A transactions. The successful implementation of transfers of business requires to recognise and comply with the relevant legal frameworks of the countries involved. This publication is written by specialised employment lawyers from around the globe and addresses in-house counsels, human resources managers and legal advisors in charge of or accompanying national or international transactions.
