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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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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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