R&I spotlight on employment, pensions, and immigration

R&I spotlights on other practice areas

Our R&I spotlights on other practice areas are designed to provide insight into areas of legislation that may not fall within the everyday work of restructuring and insolvency lawyers or insolvency practitioners.

Each guide contains expert guidance on issues such as:

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the main laws and regulations governing the area
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the relevance to R&I lawyers and insolvency practitioners
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examples of the types of situation where issues may arise
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considerations and risks for R&I lawyers and insolvency practitioners
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steps R&I lawyers and insolvency practitioners can take to protect themselves

What this topic covers

This topic includes:

Employment

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How a company's insolvency affects its employees—this Practice Note sets out the position of an employee when the company where they are employed enters a formal insolvency process, such as compulsory winding-up (compulsory liquidation), voluntary winding-up (voluntary liquidation), administration, administrative receivership or the appointment of a receiver by the court. It deals with what an employee’s legal position is at that point, the priority of their claim against the company for any unpaid wages and other remuneration,

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Latest Restructuring & Insolvency News

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EU Law analysis: In its decision on 27 February 2025 in the Lastre case, the Court of Justice handed down its long-awaited first judgment on the conformity of asymmetric jurisdiction clauses with the Brussels I (recast) Regulation and the 2007 Lugano Convention. Guillaume Croisant, Claudia Cavicchioli and Nicole Rölike, counsels, and Alexia Kaztaridou and Julie Esquenazi, associate, of Linklaters LLP, discuss the ruling. The details of the decision and any possible impact, in particular the requirement for the clause to be interpreted as designating courts of EU or Lugano States, will need to be analysed more closely.

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The Insolvency Services reports on a Nottinghamshire construction boss who has been sentenced to two years and four months' imprisonment, for fraudulently removing £702,050 from four failing construction companies between 2014 and 2017. Wesley Grainger-Smith (whilst not an official director) exercised significant control over the companies and transferred the funds to his personal casino account, in violation of section 206 of the Insolvency Act 1986. Although approximately £570,000 was reportedly repaid through gambling winnings, the unauthorised use of company funds led to his bankruptcy in March 2017, a five-year directorship disqualification in July 2017, and a further ten-year ban in June 2019.

New Practice Note—Removal of trustee in bankruptcy

The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—‘Removal of trustee in bankruptcy’. This Practice Note considers the removal of a trustee in bankruptcy from office by the court, creditors and the Secretary of State. It also discusses the trustee’s duties on vacating office and their release.

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