Employee Rights in Corporate Insolvency: A UK and US Perspective
This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the United Kingdom and the United States, with a particular focus on how extant employee rights are treated when a debtor employer initia... read full description below.
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|Library of Congress
||Bankruptcy - United States, Corporate reorganizations - United States, Employee rights - United States, Bankruptcy - Great Britain, Corporate reorganizations - Great Britain
Description of this Book
This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the United Kingdom and the United States, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees' rights and interests. Employment laws seek to protect employees' rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, prepack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal - state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin's Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced.
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Dr Hamiisi Junior Nsubuga is a Lecturer in Law at Middlesex University London. He obtained his LL.B. from the University of London, LL.M. (Corporate Law) and a PhD (Law) from Nottingham Trent University, UK. Dr Hamiisi is a Member of INSOL Europe (YANIL), the British Institute of International and Comparative Law and a member of the Cross-Border Insolvency and Commercial Law Research Group (CI&CL). Dr Hamiisi's main research interest are in Corporate Law, Comparative Insolvency Law, Comparative Labour Law and Legal Theory, especially, the theoretical and conceptual underpinnings of corporate insolvency law/ regimes of the UK, the USA and Uganda and how these corporate insolvency regimes impact the economic and social policies in these jurisdictions.