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Employees’ rights in insolvency

Sep 5, 2022

When a company goes into a formal insolvency procedure, employees are understandably concerned about their job security and the company’s ability to pay their salaries.

Importantly, however, not all formal insolvency procedures will result in employees’ contracts being automatically terminated. Additionally, certain protections are afforded to employees in formal insolvency procedures, in particular they are deemed as preferential creditors at the distribution of the insolvent company’s assets in respect of their remuneration (i.e. there is a greater chance that their remuneration will be paid) and there is the National Insurance Fund to provide a degree of financial protection for employees impacted by an insolvent employee.

If your employer is going through an insolvency procedure, or you are concerned about your employer potentially going insolvent, advice should be sought from a solicitor. Edward Beedham specialises in the legal and procedural aspects of corporate insolvency, including advice to employees in relation to their rights in insolvency. If you require advice on corporate insolvency, please contact Edward Beedham at edward.beedham@herrington-carmichael.com or on 01276 686 222.

This reflects the law at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought as appropriate in relation to your own particular matter before action is taken.
Edward Beedham

Edward Beedham

Solicitor, Corporate and Commercial
t:
 01276 854666
e: edward.beedham@herrington-carmichael.com

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