Member

108: Clause 27, page 48, line 13, at end insert— “(A2) Subsection (A1)(a) shall not apply where the employer is undergoing relevant insolvency proceedings.(A3) Where the employer is undergoing relevant insolvency proceedings, the duty to consult under this section shall not arise.(A4) For the purposes of this section, “relevant insolvency proceedings” means any formal insolvency process under the supervision of an insolvency practitioner, including but not limited to—(a) administration;(b) administrative receivership;(c) Company Voluntary Arrangement (CVA); (d) Creditors’ Voluntary Liquidation (CVL);(e) compulsory liquidation.”Member’s explanatory statement This amendment ensures that employers undergoing formal insolvency proceedings under the supervision of an insolvency practitioner are not subject to the collective consultation duties ordinarily required under subsection (A1)(a).