ABSTRACT

The tension between employment protection and business rescue in the UK and the US has continued to attract varied debates from academics, practitioners and policy makers, especially, on the subject of corporate insolvency. This chapter provides an introduction to the concepts of corporate rescue and employment protection in both the UK and the US. The chapter highlights the tension that arises between corporate rescue policy objectives and employment protection policy objectives on corporate insolvency in both jurisdictions. This tension is explored by analysing the laws, policies and processes inherent in both jurisdictions. This is to examine how the employer-employee relationships are regulated in both jurisdictions during corporate insolvency and reorganisation proceedings.