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    How to handle organisation change in the context of COVID-19
    2020-07-20

    As the lockdown restrictions ease and employers slowly return to more normal ways of working, it is unfortunately inevitable that the impact of the coronavirus means some businesses will have to implement restructures and redundancies in order to survive.

    This article looks at the key employment law provisions in restructuring/redundancy situations and offers practical guidance for managing these challenging processes.

    Restructures and reorganisations

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Hill Dickinson, Coronavirus, Employment Rights Act 1996 (UK)
    Authors:
    Fiona McLellan
    Location:
    United Kingdom
    Firm:
    Hill Dickinson
    UK Insolvency after a "no deal" Brexit
    2018-11-26

    Introduction

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Public, K&L Gates LLP, Brexit, Insolvency Act 1986 (UK), Employment Rights Act 1996 (UK)
    Authors:
    Jonathan Lawrence
    Location:
    European Union, United Kingdom
    Firm:
    K&L Gates LLP
    TUPE transfers from insolvent companies: Secretary of State does not foot the bill if employee is dismissed post-transfer
    2011-06-27

    In the recent case of Pressure Coolers Ltd v (1) Mr J Molloy; (2) Maestro International Limited; and (3) Secretary of State for Trade and Industry, the Employment Appeal Tribunal had to decide who should pay an employee’s basic award and notice pay following his unfair and wrongful dismissal after a “pre pack” TUPE transfer from his insolvent employer.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Kennedys Law LLP, Wage, Wrongful dismissal, Debt, Liability (financial accounting), Liquidation, Unfair dismissal, Ageism, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Transfers of Undertakings Directive (2001/23/EC), Employment Rights Act 1996 (UK), Employment Appeal Tribunal
    Authors:
    Allan Finlay , Matthew Leake
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    Employment Appeal Tribunal clarifies law on “pre-pack” administration TUPE dismissals
    2011-06-15

    Important news for those buying a business out of “pre-pack” administration. The Employment Appeal Tribunal (EAT) in Pressure Coolers v.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Kingsley Napley, Costs in English law, Liquidation, Unfair dismissal, Precondition, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Rights Act 1996 (UK), Employment Appeal Tribunal
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Regulation 8(7) and 'pre-pack' administrations
    2009-11-18

    Last year, in the case of Oakland v Wellswood (Yorkshire) Ltd, the EAT suggested that, if an administrator has been appointed with a view to liquidating a transferor company, this fell within the exception provided by TUPE Regulation 8(7) (which provides that where there are insolvency proceedings instituted with a view to liquidation, the key employee protections afforded under TUPE do not apply). This ran contrary to government guidance.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Liquidation, Unfair dismissal, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Rights Act 1996 (UK), Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Bird & Bird LLP
    TUPE and insolvency
    2009-08-13

    The Court of Appeal has heard the appeal in Oakland v Wellswood (Yorkshire) Ltd. Although its written judgment has not yet been published, it appears that it heard an appeal only on a narrow point of employment law and did not give definitive guidance on the application of the insolvency provisions in the TUPE Regulations which had been the principal issue in the EAT.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Shepherd and Wedderburn LLP, Unfair dismissal, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Rights Act 1996 (UK), Court of Appeal of England & Wales, Employment Appeal Tribunal
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    Employee status
    2009-05-14

    When can shareholders also have employee status?

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Share (finance), Shareholder, Employment contract, National Insurance, Liquidation, Unfair dismissal, Employment Rights Act 1996 (UK), Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Bird & Bird LLP
    EAT decision regarding employee claims from National Insurance Fund
    2013-08-15

    The Employment Appeal Tribunal (“EAT”), in the case of Secretary of State for Business, Innovation and Skills v McDonagh, has had to consider what the “appropriate date” is for the purposes of employees claiming arrears of salary and holiday pay from the National Insurance Fund, in circumstances where a voluntary insolvency procedure is followed by a compulsory insolvency procedure.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Shepherd and Wedderburn LLP, Employment Rights Act 1996 (UK), Employment Appeal Tribunal
    Authors:
    Neil Maclean
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    Pimlico Plumbers judgment: What secured lenders need to know
    2018-07-20

    The UK Supreme Court recently handed down judgment in Pimlico Plumbers v Smith1, the latest decision on the hot topic of employment status in the “gig economy”, following the Deliveroo and CitySprint cases in 2017. The court dismissed Pimlico's appeal, holding that the employment tribunal was entitled to find that Mr Smith, who was engaged under a contract describing him as a self-employed plumber, was in fact a worker. He may now proceed with claims of disability discrimination and for unlawful deductions and holiday pay.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, DLA Piper, Wage, Independent contractor, Minimum wage, Employment tribunal, Apprenticeship, Unfair dismissal, Gig economy, National Minimum Wage Act 1998 (UK), Working Time Regulations 1998 (UK), Employment Rights Act 1996 (UK)
    Authors:
    Christopher Roberts , Rob Lyons
    Location:
    United Kingdom
    Firm:
    DLA Piper
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