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28 February 2008 / Michael Salter , Chris Bryden
Issue: 7310 / Categories: Features , Company , Public , Commercial
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A sting in the tail

Michael Salter and Chris Bryden consider the problems left behind by insolvent employers

It is estimated that every day in the 50 companies go out of business. Beyond the initial impact this will have on employees, who are likely to end up losing their jobs, there may also be a secondary sting in the tail when they find that money they are owed will not be as easy to obtain as they first thought.

Not only may this mean that wage payments due and owing are not made, it may also mean that there are difficulties in obtaining redundancy payments. Further, any claims currently pending in the employment tribunal or county court, or potential claims not yet issued, are likely to be affected by the employer’s insolvency. Various legal avenues exist to provide employees of insolvent employers with at least some recompense.

 

INSOLVENCY

The Insolvency Act 1986 (IA 1986) provides that an employee’s claim for remuneration— which includes all wages and

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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