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

Employee Rights in Corporate Insolvency
A UK and US Perspective

ISBN 9780367321543
Published October 8, 2019 by Routledge
202 Pages

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Book Description

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.

Table of Contents

Table of Contents

Table of Cases


List of Abbreviations


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

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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