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TUPE
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litster V Forth Dry Dock
''Litster v Forth Dry Dock and Engineering Co Ltd'' 988UKHL 10is a UK labour law case concerning the Business Transfers Directive 2001 relevant for the implementing TUPER 2006, though decided under the older 1981 version. Facts An hour before the sale by the receiver of Forth Dry Dock to the Forth Estuary company, the receiver sacked all of its twelve employees. The new Forth Estuary company had another set of employees already lined up on lower pay. The receivers had no money left to pay damages for dismissal and holiday pay. TUPER 1981 regulation 5(3) said the Regulations apply to employees who are such ‘immediately before’ the transfer (now, 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 la ... regulation 4(3)). The Court of Session held that, following Spence, non ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
RCO Support Services V Unison
''RCO Support Services v Unison'' 002EWCA Civ 464 is a UK labour law case concerning transfers of undertakings, and the job security rights of employees. Facts Patient services of the Walton branch of Aintree Hospitals NHS Trust were transferred to two wards in Fazakerley. Cleaners, through ‘Initial Hospital Services’, had refused to take jobs, on worse terms, with RCO doing the same thing. RCO won the contract, partly, by giving an assurance that TUPE would not apply. RCO relied heavily on '' Süzen'', and argued that if neither assets nor workforce were transferred, there could be no TUPE application. Unison argued ''Süzen'' favoured its position. The EAT noted that it was not sorry to conclude that the Tribunal was correct to hold there was a transfer of an entity which retained its identity. Were it otherwise, new contractors could simply avoid TUPE by not hiring any of the old sacked workers. Judgment Mummery LJ noted that RCO relied on Paul Davies’ discussion of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cabinet Office Statement Of Practice
The Cabinet Office Statement of Practice (COSoP) is a code of practice, developed by the UK Cabinet Office to support employees when work is being transferred between departments within the civil service or across the wider public sector. COSoP provides transferring employees with TUPE-like protection when the TUPE legislation Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ... cannot apply as there will not be a change of employer, this is because transferring employee will continue to work within the civil or public sector and be employed by the Crown. References External links Principles of good employment practice Cabinet Office (United Kingdom) {{UK-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Oxford V Humphreys
''University of Oxford v Humphreys'' is a UK employment law case concerning transfers of undertakings, and the job security rights of employees. It is authority for the proposition that, if an employee objects to a proposed change, he or she can be in a good position to claim constructive dismissal. Facts Mr Humphreys worked as an examiner for the Oxford Delegacy, and was to become a new Associated Examining Board employee. That would adversely affect his working conditions. He previously had tenure, and could only be sacked for wilful misconduct. He objected before the transfer (see TUPER 2006 regulation 4(7), but more crucially regulation 4(9) and art 4(2)), and then alleged constructive dismissal. Oxford University responded that they were not Humphreys' employers at the time of the transfer, because his claim of constructive dismissal effectively meant he had already resigned, and was thus no longer an "employee". Judgment Potter LJ held that to accept the University's arg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mergers And Acquisitions In United Kingdom Law
Mergers and acquisitions in United Kingdom law refers to a body of law that covers companies, labour, and competition, which is engaged when firms restructure their affairs in the course of business. Company law In company law, there are three main areas that regulate mergers and acquisitions (also, reconstructions or takeovers). There are three main areas of law, those to do with schemes of arrangement overseen by a court, those for general reconstructions, demergers, amalgamations and so on that are not overseen by a court, and takeovers, which concern acquisitions of public companies. Scheme of arrangement *Insolvency Act 1986, ss.110–111, on schemes of arrangement or reconstructions *''Bisgood v. Henerson's Transvaal Estates Ltd'' 9081 Ch 743 *''Griffith v. Paget'' (1877) 5 Ch D 894, per Jessel MR *''Re Anglo-Continental Supply Co Ltd'' 9222 Ch 723, per Astbury J Reconstructions *Companies Act 2006, Parts 26 (ss.895–901) and Part 27 (special rules for public companies), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taylor V Connex South Eastern Ltd
''Taylor v Connex South Eastern Ltd'' (5.7.2000) Appeal No: EAT/1243/99, is a UK labour law case, concerning the TUPE Regulations. Facts Mr Taylor was a chartered accountant, employed as an administrator by the SouthEastern Train Company, a division of British Rail. It was privatised and sold to Connex South Eastern in 1996. In 1997 he got a new job as Deputy Company Secretary, but on his new contract he made amendments, amounting to a counter offer in contract, therefore, according to the EAT, remaining employed under the terms of his old agreement. In 1998 he was given, according to ongoing changes throughout the company, another new contract, which contained clauses that were to his detriment (he lost some holiday and redundancy entitlement). He complained, but the company would not budge. They insisted he accept the terms or have three weeks notice. The tribunal found that he was redundant, but that he was dismissed not for thisERA 1996 s 163(2) there is a statutory presumption ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oy Liikenne Ab V Pekka Liskojärvi And Pentti Juntunen
Oy or OY may refer to: Arts and entertainment *Oy, an animal character in Stephen King's Dark Tower series * ''Oy'' (album), a studio album of Iranian singer-songwriter Mohsen Namjoo *Oy (band), a music duo which performed at the Montreux Jazz Festival Places *Oy, a village in the Oy-Mittelberg municipality, Bavaria, Germany * Oy, Russia, a rural locality (''selo'') in Khangalassky District of the Sakha Republic, Russia *County Offaly, Ireland (code OY) Transportation *Conair of Scandinavia, former Danish airline (flight code prefix OY-) *Omni Air International IATA airline designator *"OY" (Oscar Yankee), an aircraft registration code prefix for airplanes from Denmark *Bedford OY, a British army lorry introduced in 1939 Language *Oy or Oi language, spoken in Laos *''Oy'', a Yiddish exclamation of chagrin, dismay, exasperation or pain, commonly used in the phrase ''oy vey'' *oy, a digraph found in many languages *Oi (interjection), sometimes spelled "oy", a British slang int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tapere V South London & Maudsley NHS Trust
A Tapere or Sub-District is a low level of traditional land subdivision on five of the Southern Cook Islands (Rarotonga, Mangaia, Aitutaki, Atiu, and Mauke), comparable to the ahupua'a of the main Hawaiian Islands or to the kousapw of Pohnpei. Among the populated raised islands, only Mitiaro is not subdivided into tapere. The remaining Southern Cook Islands, Manuae, Palmerston and Takutea are atolls and/or uninhabited, and therefore not subject to this type of traditional subdivision. The atolls of the Northern Cook Islands are subdivided into ''motu'' (populated atoll islets), instead. A tapere is a subdivision of a district (the major island subdivision) or ''puna'', which is headed by a district chiefs or ''Pava'' (in the case of the Island of Mangaia). A tapere is normally headed by a ''mataiapo'' (a chief of a major lineage) or ''ariki'' (a High Chief, the titular head of a tribe). It is occupied by the ''matakeinanga'', the local group composed of the residential core of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Werhof V Freeway Traffic Systems GmbH & Co KG
''Werhof v Freeway Traffic Systems GmbH & Co KG'' (2006C-499/04is a European labour law case concerning the minimum floor of requirements in the European Union for the enforceability of a collective agreement after a transfer of a business. Facts Mr Werhof claimed that he should get the benefit of a 2.6% wage increase under a 2002 collective agreement between IG Metall and AGV, the Nordrhein-Westfalen Metal and Electricity Federation from Freeway KG, his employer since 1999. Freeway was not a member of AGV, and in 2001 had got Mr Werhof to sign an agreement waiving all individual employment rights to wage increases that he could claim under the prior collective agreement in return for a one off wage payment under a new collective agreement with their present workforce. Freeway KG had previously been DUEWAG AG, which was transferred to Siemens and then became separate, though DUEWAG AG had been a party to the industry collective agreement of AGV. Mr Werhof claimed that he was entit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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