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.
Reihe
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Postgraduate
Maße
Höhe: 234 mm
Breite: 156 mm
Dicke: 10 mm
Gewicht
ISBN-13
978-1-032-24019-0 (9781032240190)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Dr Hamiisi Junior Nsubuga is a Lecturer in Law at Middlesex University London.
He obtained his LLB from the University of London, LLM (Corporate
Law) and a PhD (Law) from Nottingham Trent University, UK. Dr Hamiisi is a
Member of INSOL Europe (YANIL), the British Institute of International and
Comparative Law and a member of the Cross-Border Insolvency and Commercial
Law Research Group (CI&CL). Dr Hamiisi's main research interests are in
Corporate Law, Comparative Insolvency Law, Comparative Labour Law and
Legal Theory, especially, the theoretical and conceptual underpinnings of corporate
insolvency law/regimes of the UK, the USA and Uganda and how these
corporate insolvency regimes impact the economic and social policies in these
jurisdictions.
Table of Contents
Table of Cases
Acknowledgments
List of Abbreviations
Preface
Chapter One Corporate Rescue and Employment protection - Concepts, Policies and Processes
Chapter Two Bankruptcy Legal Theory: The Traditionalist and Proceduralist Theoretical Models
Chapter Three Employee Rights under US Chapter 11 Bankruptcy Reorganisations
Chapter Four Institutional Challenges - The Federal v State Law Conundrum
Chapter Five Interpretation as a Balancing Tool in the US - Applying Dworkin
Chapter Six Employee Rights and Protection in the UK - TUPE Transfers and Business Sales
Chapter Seven Balancing Corporate Rescue and Employment Protection in the UK - Applying Dworkin
Chapter Eight: Conclusion - Latest legislative Developments and Substantive Matters
