Employees and insolvency

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Practice notes
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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Produced in partnership with Alice Morgan of Sidley Austin LLP 19th May
Practice notes
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
Practice notes
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes
Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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19th May
Practice notes
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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19th May
Practice notes
The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May

Most recent Employees and insolvency content

Q&As
Do US chapter 7 or 11 bankruptcy proceedings fall within the TUPE definition insolvency proceedings which have been openedSTOP PRESS: From 6 April...
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31st Jul
Practice notes
TUPE—what pension benefits should the transferee provide?A transfer from one entity (the transferor) to another (the transferee) may occur under the...
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Produced in partnership with Sarah Greenwell of Walker Morris LLP 31st Jul
Practice notes
TUPE—transfer of rights and liabilitiesThe Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) provide that,...
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31st Jul
Practice notes
TUPE—effect of insolvencyThis Practice Note considers how the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006,...
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Produced in partnership with Gowling WLG 31st Jul
Practice notes
TUPE—variation of contract termsThis Practice Note details the effect of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI...
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Produced in partnership with Gowling WLG 31st Jul
Practice notes
Redundancy in insolvency—the basicsFor the purposes of entitlement to a redundancy payment, an employee is dismissed by reason of redundancy if the...
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31st Jul
Practice notes
TUPE—protection against dismissalThe Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) provides additional...
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31st Jul
Practice notes
The 14-day rule and adoption of employment contracts in administration and administrative receivershipCoronavirus (COVID-19)This content is affected...
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31st Jul
Practice notes
TUPE—transfer of employeesThis Practice Note examines which employees transfer to the transferee under the Transfer of Undertakings (Protection of...
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30th Jul
Practice notes
How a company's insolvency affects its employeesCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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30th Jul
Practice notes
Insolvency office-holder challenges to employee benefit trusts (EBTs)What is an employee benefit trust scheme?An employee benefit trust (EBT) is used...
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Produced in partnership with Benn Richards of Michelmores LLP and Martin Askew of Clarke Willmott LLP 30th Jul
Practice notes
Redundancy—insolvency and the state guarantee fundAn employee may apply to the Department for Business, Energy and Industrial Strategy (BEIS) to pay...
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30th Jul
Practice notes
Indemnities in corporate transactionsAn indemnity is an agreement by one person to bear the cost of certain claims brought against another person. For...
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30th Jul
Practice notes
Brexit and IP completion day—implications for employment lawyersThis Practice Note outlines the key general implications in relation to employment law...
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30th Jul

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