Royal Mail Group Ltd V Communication Workers Union
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Royal Mail Group Ltd V Communication Workers Union
''Royal Mail Group Ltd v Communication Workers Union'' 009EWCA Civ 1045 is a UK labour law case concerning transfers of undertakings The Transfers of Undertakings Directive''2001/23/ECis a European Union law that protects the contracts of employment of people working in businesses that are transferred between owners. It replaced and updated the law previously known as the Acquir ..., and the job security rights of employees. Facts Royal Mail was selling some of its branches to private companies under a franchising arrangement. Royal Mail thought that no automatic transfer took place under TUPER 2006 regulation 4 when workers went to the franchisee. It therefore refused to offer this option to the employees (on top of what it was doing to relocate staff under mobility clauses and offer voluntary redundancy). The Communication Workers Union claimed that failing to make people aware was a breach of the obligation under TUPER 2006 regulation 13(2)(b) to inform about the legal, e ...
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Transfer Of Undertakings
The Transfers of Undertakings Directive''2001/23/ECis a European Union law that protects the contracts of employment of people working in businesses that are transferred between owners. It replaced and updated the law previously known as the Acquired Rights Directive 77/187/EC. Overview The Directive stipulates that any employee's contract of employment will be transferred automatically on the same terms as before in the event of a transfer of the undertaking. This means that if an employer changes control of the business, the new employer cannot reduce the employees' terms and conditions, unless the Directive's exception criteria are met. This is that there must be a good economic, technical or organisational reason for the change. ;Chapter I – Scope and definitions Employment rights and work organisation > Summary of Directive 2001/23/EC">Summaries of EU legislation > Employment and social policy > Employment rights and work organisation > Summary of Directive 2001/23/EC/ref> A ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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Transfers Of Undertakings
The Transfers of Undertakings Directive''2001/23/ECis a European Union law that protects the contracts of employment of people working in businesses that are transferred between owners. It replaced and updated the law previously known as the Acquired Rights Directive 77/187/EC. Overview The Directive stipulates that any employee's contract of employment will be transferred automatically on the same terms as before in the event of a transfer of the undertaking. This means that if an employer changes control of the business, the new employer cannot reduce the employees' terms and conditions, unless the Directive's exception criteria are met. This is that there must be a good economic, technical or organisational reason for the change. ;Chapter I – Scope and definitions Employment rights and work organisation > Summary of Directive 2001/23/EC">Summaries of EU legislation > Employment and social policy > Employment rights and work organisation > Summary of Directive 2001/23/EC/ref> A ...
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Job Security
Job security is the probability that an individual will keep their job; a job with a high level of security is such that a person with the job would have a small chance of losing it. Many factors threaten job security: globalization, outsourcing, downsizing, recession, and new technology, to name a few. Basic economic theory holds that during periods of economic expansion businesses experience increased demand, which in turn necessitates investment in more capital or labor. When businesses are experiencing growth, job confidence and security typically increase. The opposite often holds true during a recession: businesses experience reduced demand and look to downsize their workforces in the short term. Governments and individuals are both motivated to achieve higher levels of job security. Governments attempt to do this by passing laws (such as the U.S. Civil Rights Act of 1964) which make it illegal to fire employees for certain reasons. Individuals can influence their degree o ...
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TUPER 2006
The Transfer of Undertakings (Protection of Employment) Regulations 2006 known colloquially as TUPE and pronounced , are the United Kingdom's implementation of the European Union Transfer of Undertakings Directive. It is an important part of UK labour law, protecting employees whose business is being transferred to another business. The 2006 regulations replace the old 1981 regulations (SI 1981/1794) which implemented the original Directive. The law has been amended in 2014 and 2018, and various provisions within the 2006 Regulations have altered. Purpose The regulations' main aims are to ensure that, in connection with the transfer, employment is protected (i.e. substantially continued). * employees are not dismissed * employees' most important terms and conditions of contracts are not worsened * affected employees are informed and consulted through representatives prior to the transfer These obligations of protection are placed on the transferring companies both before, during ...
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Communication Workers Union (UK)
The Communication Workers Union (CWU) is the main trade union in the United Kingdom for people working for telephone, cable, digital subscriber line (DSL) and postal delivery companies. It has 110,000 members in Royal Mail as well as more in many other communication companies. Formed in 1995, by the merger of the Union of Communication Workers and National Communications Union, its current general secretary is Dave Ward. Sectors CWU members work for Royal Mail, the Post Office, BT, O2, Sky, Accenture HR Services, EE, Virgin Media and other communication companies. Members' expertise includes engineering, computing, clerical, mechanical, driving, retail, financial and manual skills. The CWU established the United Tech and Allied Workers to represent workers in the technology industry. Royal Mail industrial action 2007 The basis of the strike was a disagreement over pay and pensions. On 7 June 2007, the union's postal members voted by 77.5% to strike after a 2.5% pay rise ...
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United Kingdom Labour Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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