The rights of employees on corporate insolvency: a UK and US perspective

Nsubuga, HJ, 2018. The rights of employees on corporate insolvency: a UK and US perspective. PhD, Nottingham Trent University.

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Abstract

This thesis considers how Dworkin's interpretative approach to law may be used to resolve the uncertainties in how a balance can be achieved between employee protection and corporate rescue laws during corporate insolvency. There exist a significant number of academic theses on the role that insolvency law should play in a legal system, and the tension that corporate insolvency creates between employment protection and corporate rescue laws during corporate insolvency. However, there is also a dearth of academic work on how the tension between employee protection and corporate rescue laws may be balanced through interpretation.
The commencement of formal insolvency proceedings by an employer affects employees' rights and interests. Employment laws seek to protect employees' rights and interests while insolvency laws seek to promote corporate rescue which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection.
Theoretical perspectives from what has been termed the traditionalist and proceduralist theoretical schools that dominate the field of insolvency, arguably, do not provide satisfactory avenues through which a balance may be achieved between employment protection and corporate rescue. While traditionalists' perspectives consider the interests of extant stakeholders as a whole and support fairness in distributive imperatives in insolvency, they do not provide clear answers on how these perspectives may be balanced and applied to corporate insolvencies. Proceduralists, however, provide clear answers to the factors to be taken into account during corporate insolvency but their perspectives give primacy to maximising creditors' returns rather than an inclusive distributive approach, which may be an unsatisfactorily narrow approach to stakeholders as a group.
This thesis therefore, applies Dworkin's interpretative approach to law as a remedy that would arguably, provide an approach through which a balance may be achieved between employment protection and corporate rescue objectives during corporate insolvency.

Item Type:	Thesis
Creators:	Nsubuga, H.J.
Date:	January 2018
Rights:	This work is the intellectual property of the author. You may copy up to 5% of this work for private study, or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed to the owner of the Intellectual Property Rights.
Divisions:	Schools > Nottingham Law School
Record created by:	Linda Sullivan
Date Added:	13 Mar 2018 12:25
Last Modified:	13 Mar 2018 12:36
URI:	https://irep.ntu.ac.uk/id/eprint/32934

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