Employee Rights in Corporate Insolvency

This book analyses corporate rescue laws, processes and policies prescribed incorporate insolvency or bankruptcy laws, and employment laws of the UK andthe US, with a particular focus on how extant employee rights are treated whena debtor employer initiates corporate insolvency proceedings.The commencement of formal insolvency proceedings by an employer affectsemployees’ rights and interests. Employment laws seek to protect employees’ rightsand interests, while insolvency laws seek to promote corporate rescue, which mayentail workforce changes. Consequently, this creates a tension between whoseinterest insolvency law should give primacy of protection. The book analyses howcorporate rescue processes such as administration, pre-pack business sales, companyvoluntary arrangements, receivership and liquidation impact employee rightsand protection during corporate rescue proceedings in both jurisdictions. It goeson to address how the federal system of government in the US and the diffusionof power between federal and state law jurisdictions impact a uniform code of employeeprotection during Chapter 11 bankruptcy reorganisation proceedings. Thebook considers how an interpretative approach to law (Dworkin’s InterpretativeTheory of Law) may be used to balance both employee protection and corporaterescue laws during corporate insolvency in the UK and the US.Of interest to academics, students and employment law practitioners, thisbook examines the tension between corporate rescue laws and employment protectionlaws during corporate insolvency in the US and the UK and how thistension may be remedied or balanced.