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 workThrough 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?
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Bridging the gap between three separate legal disciplines Corporate Insolvency: Employment and Pension Rights provides an overview of the law of employment, pensions and corporate insolvency. It 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.
- Introduction
- 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)
- Set-off
- 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
- TPRs 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?
David Pollard is a solicitor and a consultant with Freshfields Bruckhaus Deringer LLP. A former Chair of the Association of Pension Lawyers (APL), he was for 25 years a partner in Freshfields specialising in pensions, employment and insolvency law. He advised companies on issues ranging from the setting up and funding of pension schemes to the impact of corporate insolvencies and transactions. He also acted for trustees, advising them generally, including on restructurings, funding, company proposals, disputes, and queries from pension scheme members. He has twice (1998 and 2015) been awarded the Wallace Medal by the APL for excellence in communicating pension issues.
