# The Insolvency (Amendment) (EU Exit) Regulations 2018, Paragraph 253: Amendments to the Employment Rights Act 1996


(1) The Employment Rights Act 1996 is amended as follows.
(2) In section 166—
(a) in subsection (5)—
(i) in paragraph (a) for “(6) or (8A)” substitute “(6), (8ZA) or (8A)”;
(ii) in paragraph (b) for “(7) or (8A)”substitute “(7), (8ZA) or (8A)”;
(iii) in paragraph (c) for “(8) or (8A)” substitute “(8), (8ZA) or (8A)”;
(iv) in paragraph (d) for “(8A)” substitute “(8ZA) or (8A)”;
(b) after subsection (8) insert—
“(8ZA) This subsection is satisfied in the case of an employer if—
(a) the employer is a legal person,
(b) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and
(ii) involving the partial or total divestment of the employer’s assets and the appointment of a liquidator or a person performing a similar task, and
(c) any of the following has decided to open the proceedings—
(i) a court,
(ii) a meeting of creditors, or
(iii) the creditors by a decision procedure.”;
(c) in subsection (8B) for “subsection (8A)” substitute “this section”.
(3) In section 183—
(a) in subsection (1)—
(i) in paragraph (a) for “(2) or (4A)” substitute “(2), (4ZA) or (4A)”;
(ii) in paragraph (b) for “(3) or (4A)” substitute “(3), (4ZA) or (4A)”;
(iii) in paragraph (c) for “(4) or (4A)” substitute “(4), (4ZA) or (4A)”;
(iv) in paragraph (d) for “(4A)” substitute “(4ZA) or (4A)”;
(b) after subsection (4) insert—
“(4ZA) This subsection is satisfied in the case of an employer if—
(a) the employer is a legal person,
(b) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and
(ii) involving the partial or total divestment of the employer’s assets and the appointment of a liquidator or a person performing a similar task, and
(c) any of the following has decided to open the proceedings—
(i) a court,
(ii) a meeting of creditors, or
(iii) the creditors by a decision procedure.”;
(c) in subsection (4B) for “subsection (4A)” substitute “this section”.

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Source: https://www.legislation.gov.uk/ukdsi/2018/9780111174906/schedule/paragraph/253 (the official version)
Page: https://openlegislation.uk/draft-insolvency-amendment-eu-exit-regulations-2018/schedule/paragraph-253
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.