LEADER 03814oam 22005172 450 001 9910793984503321 005 20191022115530.0 010 $a1-000-73111-1 010 $a1-000-73081-6 010 $a0-429-32968-7 035 $a(CKB)4100000009587486 035 $a(MiAaPQ)EBC5917692 035 $a(OCoLC)1108814020 035 $a(OCoLC-P)1108814020 035 $a(FlBoTFG)9780429329685 035 $a(EXLCZ)994100000009587486 100 $a20190711d2020 uy 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aEmployee rights in corporate insolvency $ea UK and US perspective /$fHamiisi Junior Nsubuga 210 1$aNew York :$cRoutledge,$d2020. 215 $a1 online resource (183 pages) 225 1 $aRoutledge Research in Corporate Law 311 $a0-367-32154-8 327 $aCorporate rescue and employment protection - concepts, policies and processes -- Bankruptcy legal theory : the traditionalist and proceduralist theoretical models -- Employee rights under US Chapter 11 bankruptcy reorganizations -- Institutional challenges - the federal vs state law conundrum -- Intrepretation as a balancing tool in the US - applying Dworkin -- Employee rights and protection in the UK - TUPE transfers and business sales -- Balancing corporate rescue and employment protection in the UK - applying Dworkin -- Conclusion - latest legislative developments and substantive matters. 330 $a"This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the United Kingdom and the United States, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees' rights and interests. Employment laws seek to protect employees' rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, prepack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal - state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin's Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced"--$cProvided by publisher. 410 0$aRoutledge research in corporate law. 606 $aBankruptcy$zUnited States 606 $aBankruptcy$zGreat Britain 606 $aEmployee rights$zUnited States 606 $aEmployee rights$zGreat Britain 615 0$aBankruptcy 615 0$aBankruptcy 615 0$aEmployee rights 615 0$aEmployee rights 676 $a346.73078 700 $aNsubuga$b Hamiisi Junior$01554305 801 0$bOCoLC-P 801 1$bOCoLC-P 906 $aBOOK 912 $a9910793984503321 996 $aEmployee rights in corporate insolvency$93815468 997 $aUNINA