- Introduction- Employment law- Directors and controlling shareholders as employees- Occupational pension schemes- Redundancy and Tupe: Consultation with employees- Consultation - penalties and special circumstances (Tupe and TULRCA) - Works Councils- Pensions consultation - PA 2004- Insolvency proceedings- Insolvency: moratorium on legal proceedings and process- Start of insolvency proceedings: effect on employees- Effect of termination of employment- Protective awards and redundancy consultation in insolvency- Personal liability of Insolvency Practitioners- IP personal liability: direct criminal or civil penalty liability- IP personal liability: discrimination legislation- Preferential debts- Preferential debts: subrogation of third parties and NI Fund- Pensions as a preferential debt- National Minimum Wage- Pensions - auto-enrolment- EC Employment Insolvency Directive- National Insurance Fund- NI Fund: Subrogation of the Secretary of State- NI Fund: Procedure on claims from the Secretary of State- Statutory maternity, sick and adoption pay- Summary table: status of employee claims (preferential/NI Fund)- Set-off- Carrying on business: impact on employee and pension claims- Carrying on business - Nortel and overview of issues - provable debts/ insolvency expense/ adopted contract/ black hole? - Carrying on business - provable debts- Carrying on business - insolvency expenses- Summary table: employee claims in administration - expenses or adopted - Insolvency expenses: receivers?- Carrying on business - adopted employment contracts- PAYE and national insurance- Transfer of Undertakings: Introduction and impact of Europe - Tupe 2006 - terminal insolvencies- Tupe 2006 - non-terminal insolvencies- Tupe 1981 - hive downs- Tupe 2006 - information and consultation with employees- Tupe 2006 - definition of transfer- Tupe 2006 - provision of information to transferee- Tupe: Impact on dismissals instigated by IP- Tupe: Pension liabilities- "Pre pack" administrations- Pensions and other trusts- Insolvency event - PPF and s75- PPF: Pension Protection Fund: overview- PPF: notice obligations on IPs - PPF: Assessment periods- TPR/PPF: notification obligations and power to gather information- Independent trustee obligations- Excluded schemes: Scope of the main pensions legislation- Who is an employer under the pensions legislation?- Contributions to pension schemes- Section 75: Debt on employer- Section 75: Amount of the debt- Section 75 Debt: flowchart- Section 75: Allocation arrangements and withdrawal arrangements under the Employer Debt Regulations - Section 75 compromises- Multi-employer schemes: PPF and s75- TPR Moral hazard powers- Moral hazard and restructuring- TPR's practice on moral hazard powers- Money purchase schemes- Winding up the pension scheme- Winding-up the scheme: surpluses- Overseas employees and insolvencies- Who is connected or associated?.
Corporate Insolvency: Employment and Pension Rights