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 work
Through 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?
Updates for the 6th edition include
- 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
- 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
- Surpluses on winding up: UC Rusal Alumina v Miller
Why you should read this book
Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment, pensions and insolvency fields. If you work as an employment practitioner, pensions practitioner, corporate insolvency practitioner or accountant, you will find its up-to-date case law and practical analysis an essential aid to your work.
