header-logo header-logo

26 February 2009
Categories: Features , TUPE , Employment
printer mail-detail

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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick Vernon, Walkers Bermuda

NLJ Career Profile: Nick Vernon, Walkers Bermuda

Nick Vernon of Walkers on swapping Birmingham for Bermuda and building an employment practice by the sea

Bird & Bird—Christian Bartsch

Bird & Bird—Christian Bartsch

Global firm re-elects CEO for second term

Fletchers Group—Miriam Hall

Fletchers Group—Miriam Hall

Business appoints managing director of operational excellence

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll