Insolvency Breakfast Briefing
Wednesday 9 January 2019
8.30am - 9.30am
Wilberforce Chambers, 8 New Square, Lincoln's Inn, London WC2A 3QP
Wilberforce Chambers’ insolvency team is delighted to invite you to our latest breakfast briefing, featuring four topical discussion sessions on IPs dealing with employees of an insolvent company. There will be four ten minute sessions, led by David Pollard and Tom Robinson, each raising a relevant issue and looking for a discussion to follow.
Please see below for more information – we hope to see you there.
Issues for IPs on Employees
These four discussion sessions look at four of the tricky issues that can arise for IPs in relation to employees.
8.30am: Registration and breakfast
8.45am: Discussion 1
Court liquidation: termination of employment by operation of law? – Tom Robinson
In this session Tom Robinson will look at the longstanding caselaw that indicates that a court liquidation operates as an automatic dismissal of employees, but consider if this remains the case following TUPE and the recent Supreme Court decision in Geys v Societe Generale (not an insolvency case).
8.55am: Discussion 2
Discrimination and claims in insolvency – David Pollard
David Pollard will discuss the potential for IPs to incur personal liability for any unlawful discrimination occurring after the start of a formal insolvency. The responsibility for any prohibited discrimination against an employee rests with the employer. But the Equality Act 2010 also provides that a third party can also be directly liable if he, she or it “knowingly helps” unlawful discrimination. For acts after the start of an insolvency process, there seems no reason why an IP should not be potentially liable (in the same way as a director before). And insolvency of the employer may well mean a third party is a more tempting target.
9.05am: Discussion 3
CVAs and Employees – Tom Robinson
Tom Robinson will look at the impact of a CVA on the position of employees and any relevant defined benefit occupational pension scheme. Is a s75 debt triggered? Is a PPF Assessment period triggered? What attitude will trustees or the PPF take? If a CVA is voted through could the pension impact be challenged by an application to court or result in the Pensions Regulator seeking to use its statutory “moral hazard” powers under PA 2004?
9.15am: Discussion 4
Redundancy consultation – squaring the circle – David Pollard
David Pollard will look at the vexed question of the statutory conflict between the employment law duty to consult in advance of collective redundancies and the insolvency law duties of IPs. How far do IPs seek to arrange for consultation with employee representatives (under TUPE and/or TULRCA)? Should claims for protective awards be resisted? When does the “special circumstances” defence arise? For IPs, what about professional body issues or criminal liability for failure to issue an HR1?
9.25am: Further Q&A
9.30am: Coffee and networking
Please note, this event is free of charge to attend. Spaces are limited and will be allocated on a first-come, first-served basis.