The suitability of the collective consultation regime under the Trade Union and Labour Relation (Consolidation) Act 1992 (“TULRCA”) in an insolvency scenario has always been a hot topic amongst insolvency professionals.
Help is at hand for insolvency practitioners (IPs) who need clarification on the Regulator’s views on scheme trustee appointments and statutory notices. The Pensions Regulator recently released a statement intended to assist IPs to understand these two areas which are of particular relevance to them.
TRUSTEES
The statement deals with scheme trustee appointments in four areas:
EAD Solicitors LLP and others v Abrams UKEAT/0054/15
Why care?
Section 13(1) of the Equality Act 2010 defines direct discrimination as occurring where “because of a protected characteristic”, a person (A) treats another (B) less favourably than A treats or would treat others. This wording means that B does not have to have the protected characteristic.
Three former directors of failed UK parcel delivery company City Link have recently been delivered the bad news that they will face criminal charges over redundancies made during the Christmas period last year. They have been charged with failure to notify the Secretary of State of the proposed redundancy of City Link’s employees as required under section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992. Notification is normally given to the Government by submitting an HR1 form to the Insolvency Service
In The Commissioners for Her Majesty’s Revenue and Customs v Amran Munir and others [2015], the directors and secretary of a company were sentenced by the High Court to a term of imprisonment for contempt of court.
Summary
From 1 November 2015, additional marketing and disclosure requirements will have to be satisfied by administrators completing pre-packaged sales.
BACKGROUND
The revised Statement of Insolvency Practice 16 (SIP 16) comes into force on 1 November 2015.
A recent decision of the Court of Justice of the European Union (CJEU) on the transfer of undertakings and the “retention of identity” of part of a business is instructive to practitioners in advising on the transfer (or potential transfer) of employees.
Synopsis:
CMS today publishes a White Paper examining whether there is a case for a special insolvency regime in the oil and gas industry.
According to recent press reports, Dave Forsey, Chief Executive of Sports Direct, is the latest (and most high-profile) executive to be hit by court proceedings concerning alleged failure to comply with redundancy notification procedures - in his case in his former position at fashion retailer, USC. As these and other reports confirm, there is clear evidence that the Insolvency Service is increasingly proactive in pursuing organisations, their senior personnel and insolvency practitioners who fail to file the requisite redundancy notification form (HR1) on time.
The Insolvency (Amendment) Rules 2015 (the “2015 Rules”) came into force on 1 October 2015. They amended the 1986 Insolvency Rules to introduce a new approach to the approval and payment of insolvency office holders (“IOH”s)’ fees and disbursements.