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

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... Read more

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

Biography

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.