Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024

Amendment of section 594 of Act of 2014

23. Section 594 of the Act of 2014 is amended—

(a) by the insertion of the following subsections after subsection (2):

“(2A) Notwithstanding the generality of subsection (9), where a copy of the statement is served on the liquidator (or the provisional liquidator, as the case may be) of the company in accordance with subsection (2), the liquidator (or the provisional liquidator, as the case may be) shall, not later than the expiry of 7 days after the date the copy is served on the liquidator (or the provisional liquidator, as the case may be), notify each relevant person that he or she has been served with a copy of the statement.

(2B) Notice under subsection (2A) shall be given—

(a) where the liquidator (or the provisional liquidator, as the case may be) is aware of a relevant person’s email address, by electronic means to that email address, or

(b) where the liquidator (or the provisional liquidator, as the case may be)—

(i) gives notice by electronic means to an email address and receives in response a failed delivery notification, or

(ii) is not aware of a relevant person’s email address,

by ordinary post where the liquidator (or the provisional liquidator, as the case may be) is aware of the relevant person’s postal address.

(2C) A relevant person may request the liquidator (or the provisional liquidator, as the case may be) in writing to deliver a copy of the statement by electronic means to him or her, and the liquidator (or the provisional liquidator, as the case may be) shall comply with any such request not later than the expiry of 7 days after the date of such request.”,

and

(b) by the insertion of the following subsection after subsection (10):

“(11) In this section, ‘relevant person’ means, in relation to a company—

(a) an employee of the company, and

(b) where applicable, an employees’ representative.”.