Welcome to the latest edition of our Insolvency Bulletin. In this edition our Insolvency and Employment experts address decisions where the Employment Tribunal has been required to examine the application of insolvency law and principles, as well as providing employment law updates relevant to office holders.
Katie Farmer and John Turnbull (Employment Partner) cover an Employment Tribunal decision in which Trowers successfully acted for the Trustee in Bankruptcy of the Claimant, where the Employment Tribunal was required to consider whether the bankrupt's claim for unpaid holiday pay was personal or proprietary in nature.
Stephanie Taylor (Employment Associate) explains another Employment Tribunal decision where Trowers represented office holders. Stephanie explains the challenges involved in dealing with misguided Employment Tribunal Proceedings, in this case in relation to a claim made by a director against the office holders' firm for unlawful deduction of wages, where the RPS had applied insolvency set off in respect of an outstanding directors loan account against the redundancy and notice pay award.
Arthur Prideaux reports on the collapse of the disqualification proceedings brought against Carilion's non-executive directors, and separately on the second compensation order made against a director following disqualification in Secretary of State v Tarquin Charles Spencer Barnsby [2023] EWHC 2284 (Ch).
Danielle Ingham (Employment Partner) and Anna Scott (Employment Professional Support Lawyer) provide insight into a decision considering clawback provisions under an employment contract in the context of an application to set aside a statutory demand.
More generally, Danielle also introduces Trowers' Employer of the Future – Being an inclusive employer survey report 2023 which unpacks the findings of our survey and explores practical tips to help propel your organisation towards becoming a more inclusive employer. Finally, Danielle and Anna discuss the launch of a consultation by Acas on its new draft statutory Code of Practice on handling requests for a predictable working pattern. The consultation closes on 17 January 2024.
Our Employment & Pensions team also host their weekly Trowers Tuesday webinars at 11am every Tuesday. Bringing together a range of employment issues, Trowers Tuesday regularly features expert voices alongside our employment & pensions lawyers to discuss a diverse range of issues to help businesses be an Employer of the Future. Themes include being a responsible employer, using digital solutions to drive people strategy, agile working and how people issues can drive ESG in an organisation. Add your details to our mailing lists to receive our employment and pensions updates, including our monthly newsletter HRLaw packed full of updates on employment issues. You can also sign-up for invites to our weekly Trowers Tuesday webinars here. Our previous Trowers Tuesday webinar recordings can be viewed here.
If you have any suggestions or requests for future editions of the Trowers Insolvency Bulletin, please get in touch with one of the team. In the meantime, we wish you a merry Christmas and a happy and prosperous 2024.
Click the links below to view our latest insights and news:
- Claims for unpaid holiday pay – personal v proprietary interest?
- Dealing with Misguided Claims from Employees
- Disqualification proceedings collapsed against Carillion's NEDs
- Second Compensation Order following disqualification made in September 2023
- Bonus clawback provisions did not constitute a restraint of trade
- Report: Employer of the Future – Being an inclusive employer survey report 2023
- Acas launches draft Code of Practice on handling requests for a flexible working pattern
