Joined: Fri Mar 01, 2002 2:12 pm Posts: 6680 Location: Up around the bend!
The administrator can sack anyone he wants, provided its not on the usual discriminatory grounds. The rest get TUPEd across to (any) successor business.
Those staff who are paid off are entitled to statutory redundancy pay, accrued holiday pay etc and pay in lieu of notice. Up to certain upper limits, in an insolvency situation these are paid by the DwP, who then stands in place of the employees as a preferential creditor.
Any amounts owing to employees above the statutory maxima rank as unsecured creditors. This applies especially to e.g. players with fixed-term contracts. And they take their chances with the rest.
Adey, I guess you'd be the one to know - is there any essential difference between long term hourly paid staff (office staff for instance) and those on a fixed term contract (ie players and coaching staff)? I did wonder if the terms of the player's contract might replace the usual statutory regulations.
Does that mean that if the cub is sold to a newco, he would have re-apply for a work permit to stay with the new club?
No, not reapply for a work permit, just change the details of the Employer. Work permits are relevant to the person's qualifying skills appropriate to the employer's trade. He was approved for a work permit as a rugby league coach in the UK when he joined St Helens. This carried on when he joined the Bulls, only the employer changed and would have been registered on his work permit. The same would apply to his joining bulls Newco. So its just an administrative thing
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