Fulltext Search
TUPE Law: Insolvency, TUPE and managing employment risks

This ThinkHouse TUPE Club Q&A deals with our Top 10 questions on:

  • the key employment issues in Administrations and Liquidations; and
  • how TUPE applies when there is an insolvency situation.

Q1. What is the effect of insolvency on contracts of employment?

There are various types of insolvency proceedings and these are designed to achieve various different end results. The different types of insolvency also have different consequences for the entity and employees.

Administration

United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Gowling WLG
Third Circuit Permits Chapter 11 Debtor to Reject Expired CBA

It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement.  However, this time, an analysis of this distressed scenario prompted a new question: does it matter if the CBA is already expired, i.e., does the Bankruptcy Code distinguish between a CBA that expires pre-petition versus one that has not lapsed?

USA, Employment & Labor, Insolvency & Restructuring, Litigation, Mintz, Debtor, Third Circuit
Third Circuit Court of Appeals Permits Chapter 11 Debtor to Reject Expired CBA

It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement.  However, this time, an analysis of this distressed scenario prompted a new question: does it matter if the CBA is already expired, i.e., does the Bankruptcy Code distinguish between a CBA that expires pre-petition versus one that has not lapsed?

USA, Employment & Labor, Insolvency & Restructuring, Litigation, Mintz, Debtor, Third Circuit