1st Edition

Employee Rights in Corporate Insolvency A UK and US Perspective

By Hamiisi Nsubuga Copyright 2020
    182 Pages
    by Routledge

    202 Pages
    by Routledge

    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 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


    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