Employee Rights in Corporate Insolvency

<p>This book analyses corporate rescue laws processes and policies prescribed in</p><p>corporate insolvency or bankruptcy laws and employment laws of the UK and</p><p>the US with a particular focus on how extant employee rights are treated when</p><p>a debtor employer initiates corporate insolvency proceedings.</p><p>The commencement of formal insolvency proceedings by an employer affects</p><p>employees’ rights and interests. Employment laws seek to protect employees’ rights</p><p>and interests while insolvency laws seek to promote corporate rescue which may</p><p>entail workforce changes. Consequently this creates a tension between whose</p><p>interest insolvency law should give primacy of protection. The book analyses how</p><p>corporate rescue processes such as administration pre-pack business sales company</p><p>voluntary arrangements receivership and liquidation impact employee rights</p><p>and protection during corporate rescue proceedings in both jurisdictions. It goes</p><p>on to address how the federal system of government in the US and the diffusion</p><p>of power between federal and state law jurisdictions impact a uniform code of employee</p><p>protection during Chapter 11 bankruptcy reorganisation proceedings. The</p><p>book considers how an interpretative approach to law (Dworkin’s Interpretative</p><p>Theory of Law) may be used to balance both employee protection and corporate</p><p>rescue laws during corporate insolvency in the UK and the US.</p><p>Of interest to academics students and employment law practitioners this</p><p>book examines the tension between corporate rescue laws and employment protection</p><p>laws during corporate insolvency in the US and the UK and how this</p><p>tension may be remedied or balanced.</p>