Podcast Location:
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Employment Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at practitioners interested in the employment consequences of a corporate insolvency situation. It aims to consider the practical legal points that both an administrator and any subsequent purchaser of assets from business will have to deal with regarding employees.

After completing the course you will:
  • Know what an administrator should be concerned with when taking over a company with employees;
  • Know the extent to which the administrator is obliged to consult with and provide information to the employees of the company for which he is appointed;
  • Understand the statutory framework for information sharing and consultation contained in TUPE;
  • Understand how the obligation to inform and consult impacts on the trend towards ‘pre-packaged’ administration;
  • Understand what warranties or indemnities an administrator will be prepared to offer regarding employees;
  • Understand the position of the employees if there are any outstanding liabilities such as employment claims that have not been dealt upon finding they will be moving to the purchaser;
  • Know how best an administrator can look to minimise their liability in an employment context.
General Interest Difficulty: 2 of 5
Legal Principles
Practical Guide
Sources and References:
  • Transfer of Undertakings (Protection of Employment) Regulations 2006;
  • Key2Law (Surrey) LLP v De' Antiquis [2011] EWCA Civ 1567;
  • Oakland v Wellswood (Yorkshire) Ltd [2009] IRLR 250;
  • Spaceright Europe Limited v Baillavoine & Anor [2011] EWCA Civ 1565.

This podcast with an employment partner at Herbert Smith discusses the implications for the employment relationship when a company enters administration. It addresses the key practical concerns from the perspective of the employee, the administrator and any subsequent purchaser of the business from the administrator who make take on responsibility for some of the employees.

Podcast added: 01/02/12

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