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26 February 2009
Categories: Features , TUPE , Employment
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Managing the credit crunch

Part 3: Jeremy Nixon looks at employee protection when employers go bust

'Employees will suffer despite the protections available'

'The primary role of the administrator is to protect the creditors of the business'

Hopes that the credit crunch would remain confi ned to Wall Street have been dashed with the eff ects now clearly being felt on Main Street. In addition, some of the world’s best known names such as Lehman Brothers and Woolworths have been swept away by what has been described as a fi nancial tsunami. As the economic slowdown continues, it is inevitable that many other fi rms, both large and small, will go to the wall and employees will suffer despite the protections available.
In circumstances where a company goes into administration and employees are dismissed as a result, or where the company’s assets are liquidated, staff are able to claim certain sums from the National Insurance Fund (NIF). The payments available are as follows:
 arrears of up to eight weeks’ wages, meaning unpaid wages or salary, overtime, bonuses and commission,

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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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