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This book is now Out of Print.
A new edition was published, see:
Corporate Insolvency Pack: Employment Rights 6th ed & Pension Rights 6th ed isbn 9781784514754

Corporate Insolvency: Employment and Pension Rights 5th ed


ISBN13: 9781847668875
New Edition ISBN: 9781784514754
Previous Edition ISBN: 9781847663078
Published: February 2013
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: Out of print



Corporate Insolvency: Employment and Pension Rights, 5th edition, is the only book of its kind to successfully bridge 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 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.

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.

Subjects:
Insolvency Law, Employment Law
Contents:
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'?