Employees as stakeholders in restructuring and insolvency: acquired rights and business transfers

Book chapter


Gant, J. 2021. Employees as stakeholders in restructuring and insolvency: acquired rights and business transfers. in: Gant, J. and Omar, P. (ed.) Research Handbook on Corporate Restructuring United Kingdom Edward Elgar Publishing. pp. 166-184
AuthorsGant, J.
EditorsGant, J. and Omar, P.
Abstract

The aim of this Chapter is to discuss a key regulatory mechanism that protects employees and employment in the context of restructuring procedures. As the nature of restructuring, preventive orotherwise, will often lead to asset sales, sometimes taking the form of business or going concern sales,11 a key practical consideration must be the fate of associated employees who are covered by the protections of the ARD and the impact of such protections on the potential success of a restructuring plan. This Chapter will focus on the treatment of employees in the context of business sales in Europe with an emphasis on the UK as a key restructuring destination that has had to deal with the ARD in great detail in its domestic courts. Although the cases generally deal with restructuring under the UK’s Administration procedure or the pre-pack, the reasoning employed in determining the application of the ARD will be relevant to whether the application of the Directive in new preventive restructuring procedures as the PRD throws this determination into the realm of applicable national law.12 This will then be contrasted with the approach in the Netherlands to the same issue, and the impact the Court of Justice of the European Union’s13findings have had on the use of the Dutch and Belgian pre-pack. Finally, there will be some analysis as to what this approach may mean for incoming preventive restructuring procedures implemented subsequent to the Preventive Restructuring Directive.

Keywordsemployment law; acquired rights; TUPE; insolvency; employee rights; employee entitlements
Page range166-184
Year2021
Book titleResearch Handbook on Corporate Restructuring
PublisherEdward Elgar Publishing
Place of publicationUnited Kingdom
SeriesResearch Handbooks in Private and Comerical Law
ISBN9781786437464
Digital Object Identifier (DOI)https://doi.org/10.4337/9781786437471
Web address (URL)https://www.e-elgar.com/shop/gbp/research-handbook-on-corporate-restructuring-9781786437464.html
Output statusPublished
Publication dates10 Aug 2021
Publication process dates
Accepted2020
Deposited30 Mar 2022
Permalink -

https://repository.derby.ac.uk/item/95x3z/employees-as-stakeholders-in-restructuring-and-insolvency-acquired-rights-and-business-transfers

  • 44
    total views
  • 0
    total downloads
  • 0
    views this month
  • 0
    downloads this month

Export as

Related outputs

Resisting Legal Convergence
Gant, J. 2024. Resisting Legal Convergence. in: Ghio, E. and Perlingeiro, R. (ed.) Are Legal Systems Converging or Diverging? Lessons from Contemporary Crises New York Springer. pp. 45-60
Pre Packs, Employees and the Spirit of EU Law
Gant, J. Pre Packs, Employees and the Spirit of EU Law. INSOL Europe.
Vulnerability theory and insolvency law
Gant, J. 2023. Vulnerability theory and insolvency law. in: Ghio, E., Wood, J. and Gant, J. (ed.) Re-examining Insolvency Law and Theory Perspectives for the 21st Century Cheltenham Edward Elgar Publishing. pp. 166–188
Corporate Recovery in an Integrated Europe
Lynch Fannon, I., Gant, J. and Finnerty, A. 2022. Corporate Recovery in an Integrated Europe. Cheltenham and Camberley Edward Elgar Publishing.
Floating Charges and Moral Hazard: Searching for Fairness for Involuntary and Vulnerable Stakeholders
Gant, J. 2022. Floating Charges and Moral Hazard: Searching for Fairness for Involuntary and Vulnerable Stakeholders. in: Hardman, J and MacPherson, A. (ed.) Floating Charges in Scotland: New Perspectives and Current Issues Edinburgh Edinburgh University Press. pp. 228 - 270
Optimising fairness in insolvency and restructuring: A spotlight on vulnerable stakeholders
Gant, J. 2022. Optimising fairness in insolvency and restructuring: A spotlight on vulnerable stakeholders. International Insolvency Review. 31 (1), pp. 1-5. https://doi.org/10.1002/iir.1448
Harmonising Insolvency Law in the EU: New Thoughts on Old Ideas in the Wake of the COVID-19 Pandemic
Gant, J., Ghio, E., Vaccari, E., Ehmke, D., Langkjaer, L. and Boon, G.J. 2021. Harmonising Insolvency Law in the EU: New Thoughts on Old Ideas in the Wake of the COVID-19 Pandemic. International Insolvency Review . 30 (3), pp. 427-459. https://doi.org/10.1002/iir.1432
The Role of Social Policy in Corporate Rescue and Restructuring: a Messy Business
Gant, J. 2021. The Role of Social Policy in Corporate Rescue and Restructuring: a Messy Business. in: Gant, J. and Omar, P. (ed.) Research Handbook on Corporate Restructuring United Kingdom Edward Elgar Publishing. pp. 476-499
Book Review: COVID-19: Exploring the new normal in insolvency by Dr Sameer Sharma and Dr Neeti Shikha (eds)
Gant, J. 2021. Book Review: COVID-19: Exploring the new normal in insolvency by Dr Sameer Sharma and Dr Neeti Shikha (eds). International Insolvency Review. 30 (3), p. 478. https://doi.org/10.1002/iir.1437
The EU Preventive Restructuring Framework: in Extra Time?
Gant, J., Omar, P, Langkjaer, L., Ghio, E., Vaccari, E., Boon, G-J. and Ehmke, D. 2021. The EU Preventive Restructuring Framework: in Extra Time? Fizetésképtelenségi Jog (Insolvency Law, a Hungarian journal). 2-3, pp. 1-11.
Britain and Brexit: A Forecast of the Future of Employment Protection during Corporate Insolvency
Gant, J. 2020. Britain and Brexit: A Forecast of the Future of Employment Protection during Corporate Insolvency. International Insolvency Review. 29 (1), pp. 61-85. https://doi.org/10.1002/iir.1371
Guest Editorial: The Rise of Early Career Insolvency Law Academics and Researchers
Gant, J., Boon, G-J. and Vaccari, E. 2020. Guest Editorial: The Rise of Early Career Insolvency Law Academics and Researchers. International Insolvency Review. 29 (1), pp. 1-5. https://doi.org/10.1002/iir.1363
JCOERE Report 1: Report 1: Identifying substantive rules in preventive restructuring frameworks including the Preventive Restructuring Directive which may be incompatible with judicial cooperation obligations
Gant, J., Lynch Fannon, I. and JCOERE Consortium 2020. JCOERE Report 1: Report 1: Identifying substantive rules in preventive restructuring frameworks including the Preventive Restructuring Directive which may be incompatible with judicial cooperation obligations. European Commission.
The Limits and Logic of the EU Harmonisation Process in the Wake of the Covid-19 Pandemic
Gant, J., Ghio, E., Boon, G-J., Vaccari, E., Ehmke, D. and Langkjaer, L. 2020. The Limits and Logic of the EU Harmonisation Process in the Wake of the Covid-19 Pandemic. Eurofenix. 80, pp. 22-23.
Special Report: Judicial Co-Operation in the European Union: Insolvency and Rescue
Gant, J. and Lynch Fannon, I. 2020. Special Report: Judicial Co-Operation in the European Union: Insolvency and Rescue. Sweet and Maxwell.
JCOERE’s Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness
Gant, J. and Lynch Fannon, I. 2020. JCOERE’s Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness. British Association of Comparative Law.
JCOERE – Judicial Cooperation in the European Union: Insolvency and Rescue
Gant, J. and Lynch Fannon, I. 2020. JCOERE – Judicial Cooperation in the European Union: Insolvency and Rescue. INSOL Europe Academic Forum Annual Conference, Copenhagen, Denmark, 25-26 September 2019. INSOL Europe.
JCOERE Judicial Co-operation Supporting Economic Recovery in Europe: Report 2
Gant, J., Lynch Fannon, I and The JCOERE Consortium 2020. JCOERE Judicial Co-operation Supporting Economic Recovery in Europe: Report 2. University College Cork, Ireland European Commission.
Judicial Cooperation in Economic Recovery (JCOERE)
Gant, J. and Lynch Fannon, I. 2019. Judicial Cooperation in Economic Recovery (JCOERE). Eurofenix. 78 (Winter), pp. 28-29.
10 Years of YANIL: Restructuring across Europe and the EU Directive on Restructuring and Insolvency
Gant, J., Boon, G-J., Langkjaer, L., Ehmke, D. and Ghio, E. 2019. 10 Years of YANIL: Restructuring across Europe and the EU Directive on Restructuring and Insolvency. Eurofenix. 76 (Summer), pp. 34-35.
Moral Hazar, Path Dependency, and Failing Franchisors: Mitigating Franchisee Risk through Participation
Gant, J. and Buchan, J. 2019. Moral Hazar, Path Dependency, and Failing Franchisors: Mitigating Franchisee Risk through Participation. Federal Law Review. 47 (2), pp. 261-294. https://doi.org/10.1177/0067205X19831841
Restructuring Europe – The EU Preventive Restructuring Framework: a hole in one?
Gant, J., Ehmke, D., Ghio, E., Langkjaer, L. and Boon, G-J. 2019. Restructuring Europe – The EU Preventive Restructuring Framework: a hole in one? International Insolvency Review. 28 (2), pp. 184-209. https://doi.org/10.1002/iir.1344