CPD Hours Level
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SRA Competency B


This annual conference, chaired by Stephen Allinson, the Chairman of the Insolvency Service, once again examines the important and topical issues in this complex area of work.

It is an ideal opportunity for all insolvency and employment lawyers to keep right up to date with all the latest developments.

9.30am - 10.15am: Unhappy Bedfellows?

Stephen Allinson, Solicitor

In this opening session, we shall explore the legal disciplines of insolvency and employment in context.

They are often unhappy bedfellows with competing interests and this presentation will allow us to introduce some of the themes that will be looked at in more detail throughout the day.

  • Setting insolvency in the current business context
  • Administration or liquidation - the different consequences in the employment world
  • Directors, directors and more directors - it’s a very hot topic
  • Employees and statutory demands - a worthwhile tactic?
  • Getting a redundancy payments claim right and what that means exactly

10.15am - 11.00am: Directors' Remuneration

Rachel McCahill. Partner, Nelsons Solicitors

Directors and director/shareholders frequently get advice from an accountant when they incorporate a company as to the best way to get paid.

However, is rare that this advice is ever revisited to take into account changing circumstances and the law, and this can cause issues on an insolvency event. Given HMRC’s attempts to make directors personally liable for PAYE and NI, in addition to the introduction of the new Loan Charge, this area is a very topical.

This session will discuss the position in relation to remuneration and the topics will include:

  • The duties of an office holder in relation to the investigation of director/shareholder’s remuneration
  • Unlawful dividends
  • The new Loan Charge from April 2019
  • Overdrawn director’s loan accounts
  • Excessive remuneration

11.15am - 12.00pm: Redundancy and Insolvency - Employee Rights and Recent Developments

Tim Welch, 42 Bedford Row

In a corporate insolvency situation employers and employees will face specific challenges with different rights and obligations arising where redundancies are made.

The following questions are key to understanding this:

  • What is the effect on employment contracts when an employer becomes insolvent?
  • If an insolvent business carries on trading, what is the insolvency practitioner’s relationship with the employees?
  • Can employees recover redundancy payments owed to them when a business has insufficient funds to meet such payments?
  • How are any such payments calculated?
  • What are the rules relating to collective redundancies and insolvency?

12.00pm - 12.45pm: Insolvency Law v Employment Law and the Consultation Dilemma - Who Wins?

Vikki Wiberg, Taylor Wessing

Employment law contains prescriptive and detailed requirements for employee consultation in both redundancy and TUPE situations.

The legislation sets out criminal and civil liabilities if consultation is not complied with. However, in an insolvency situation the company and insolvency practitioners often do not have time to complete a comprehensive consultation exercise whilst addressing the needs of all creditors as well as their duties.

In this session we will look at the following areas:

  • Consultation obligations in a redundancy situation - individual and collective consultation
  • Consultation obligations in connection with a TUPE transfer
  • A reminder of the civil and criminal liabilities at play
  • Submission of the HR1 - advice on timing and content
  • Specific insolvency provisions and the role of RPO
  • What we can learn from recent case law?

12.45pm - 1.00pm: Questions on Morning Session

2.00pm - 2.50pm: Buying and Selling Distressed or Insolvent Businesses: Employment Considerations

Katie Farmer, Ashfords LLP

Often in a distressed or insolvent situation a business will be sold. The type of insolvency and the type of sale can affect the position of the employees.

This session will look at the position of buyer and seller and will consider:

  • Sales of business/assets out of insolvency
  • Issues for buyer and seller on negotiating terms in going concern sales
  • Practical issues on sales by office holders
  • The role of the Redundancy Payments Office
  • The unusual arrangements made in the Carillion liquidation

2.50pm - 3.40pm: Directors' Duties and Insolvency

Stephen Allinson, Solicitor

Directors' duties were codified with the Companies Act 2006. A body of case law also exists in this area.

This session will look at how these duties take on more importance in an insolvent situation and will give practical advice to those who are asked to advise in this area. Areas to be covered will include:

  • Balancing duties to members and creditors
  • Potential personal liability risks for the director
  • Recent case law developments in this area which indicate current judicial thinking
  • How potential corporate governance reforms in this area may impact on directors’ liability

3.55pm - 4.45pm: Insolvency and Employment Law Workshop Session

Rachel McCahill. Partner, Nelsons Solicitors

This session will cover a selection of topics covered during the course of the day and provide delegates with the opportunity to discuss and draw conclusions on the key issues.

4.45pm - Close: Questions & Answers

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Conference | 02.07.2019

London | 9:30am - 5:15pm

Insolvency & Employment Law - 2019 Conference

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9:30am - 5:15pm
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