Employee Rights in Corporate Insolvency: A UK and US Perspective, 1st Edition (Hardback) book cover

Employee Rights in Corporate Insolvency

A UK and US Perspective, 1st Edition

By Hamiisi Junior Nsubuga

Routledge

192 pages

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Hardback: 9780367321543
pub: 2019-11-04
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Description

This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the United Kingdom and the United States, 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, prepack 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 – 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.

Table of Contents

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

About the Author

Dr Hamiisi Junior Nsubuga is a Lecturer in Law at Middlesex University London. He obtained his LL.B. from the University of London, LL.M. (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 interest 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.

About the Series

Routledge Research in Corporate Law

The credit crunch of 2007 and the ensuing financial crises have led to a renewed interest in the place of corporations in the modern world and the role of law and regulation in governing their behaviour. This series looks to survey the current developments within the field of corporate law as well as mapping out future opportunities for change. The series offers a comparative approach to the subject, looking not just at North America and Europe but also at the state of affairs elsewhere in the world. Written by influential scholars, the books offer thought-provoking and often critical analyses of corporate law. The functions and legal obligations and rights of multiple stakeholders including directors, investors, governments and regulators are examined from both empirical and theoretical standpoints. Whilst being grounded in law the series also draws upon research from the disciplines of economics, management studies, sociology and politics in order to explore the implications of corporate law in their wider social and economic context.

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW009000
LAW / Business & Financial
LAW014000
LAW / Commercial / General
LAW022000
LAW / Corporate
LAW051000
LAW / International