Corporate Insolvency: Employment and Pension Rights

ISBN-13: 9781847668875 / Angielski / Twarda / 2013 / 994 str.

David Pollard

Opis

This fifth edition of Corporate Insolvency offers an overview of the law of employment, pensions, and corporate insolvency in the UK. It also focuses on the application of rules relating to corporate insolvency and how they affect employees and their pension rights, drawing together UK legislation, case law, analysis, and comment. 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.

Spis treści

1. Introduction; 2. Employment law; 3. Directors and controlling shareholders as employees; 4. Occupational pension schemes; 5. Redundancy and TUPE: consultation with employees; 6. Consultation - penalties and special circumstances (TUPE and TULRCA); 7. Works Councils; 8. Pension consultation - PA 2004; 9. Insolvency proceedings; 10. Insolvency: moratorium on legal proceedings and process; 11. Start of insolvency proceedings: effect on employees; 12. Effect of termination of employment; 13. Protective awards and redundancy consultation in insolvency; 14. Personal liability of Insolvency Practitioners; 15. IP personal liability: direct criminal or civil penalty liability; 16. IP personal liability: discrimination legislation; 17. Preferential debts; 18. Preferential debts: subrogation of third parties and NI Fund; 19. Pensions as a preferential debt; 20. National Minimum Wage; 21. Pensions: auto-enrolment duties; 22. EC Employment Insolvency Directive; 23. National Insurance Fund; 24. NI Fund: subrogation of the Secretary of State; 25. NI Fund: procedure on claims from the Secretary of State; 26. Statutory maternity, sick, paternity and adoption pay; 27. Summary Table: status of employee claims (preferential/NI Fund); 28. Set-off; 29. Carrying on business: impact on employee and pension claims; 30. Carrying on business - Nortel and overview of issues - provable debts/insolvency expense/adopted contract/black hole?; 31. Carrying on business - provable debts; 32. Carrying on business - insolvency expenses; 33. Table: employee claims in administration - expenses or adopted; 34. Insolvency expenses: receivers?; 35. Carrying on business - adopted employment contracts; 36. PAYE and national insurance; 37. Transfer of undertakings: introduction and impact of Europe; 38. TUPE 2006 - terminal insolvencies; 39. TUPE 2006 - non-terminal insolvencies; 40. TUPE 1981 - hive downs; 41. TUPE 2006 - information and consultation with employees; 42. TUPE 2006 - definition of transfer; 43. TUPE 2006 - provision of information to transferee; 44. TUPE: impact on dismissals instigated by IP; 45. TUPE: pension liabilities; 46. Pre-pack administrations - employee and pension issues; 47. Pensions and other trusts; 48. Insolvency event - PPF and s 75; 49. PPF: Pension Protection Fund: overview; 50. PPF: notice obligations on IPs; 51. PPF: assessment period; 52. TPR/PPF: notifications and power to gather information; 53. Independent trustee obligations; 54. Excluded schemes: scope of the main pensions legislation; 55. Who is an employer under the pensions legislation?; 56. Contributions to pension schemes; 57. Section 75: debt on employer; 58. Section 75: amount of the debt; 59. Section 75 debt: flowchart; 60. Section 75: allocation arrangements and withdrawal arrangements under the Employer Debt Regulations; 61. Section 75 compromises; 62. Multi-employer schemes: PPF and s 75; 63. TPR: moral hazard powers; 64. Moral hazard and restructuring; 65. TPR's practice on moral hazard powers; 66. Money purchase schemes; 67. Winding up the pension scheme; 68. Winding-up the scheme: surpluses; 69. Overseas employees and insolvencies; 70. Who is 'connected' or 'associated'?