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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] |
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 ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Dismissal
In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal. The exact legal consequences differ between different countries, but generally a constructive dismissal leads to the employee's obligations ending and the employee acquiring the right to make claims against the employer. The employee may resign over a single serious incident or over a pattern of incidents. Generally, a party seeking relief must have resigned soon after an unreasonable situation was imposed. United States law In the United States, constructive discharge is a general term describing the involuntary resignation of an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wrongful Dismissal In The United Kingdom
In United Kingdom law, the concept of wrongful dismissal refers exclusively to dismissal contrary to the contract of employment, which effectively means premature termination, either due to insufficient notice or lack of grounds. Although wrongful dismissal is usually associated with lack of notice sometimes it can also be caused by arbitrary dismissal where no notice was required but certain grounds were specified in the contract as being the only ones available but none existed. Definitions Wrongful dismissal does not terminate the contract - it is a repudiatory breach, i.e. one entitling the employee to consider himself no longer bound on the basis of the employer no longer considering itself bound. The employer's repudiatory breach (wrongful dismissal) forces the employee to accept it as he is prevented from earning from the employer and required to mitigate by working for someone else, thus terminating the contract. This does not follow contract law and is an invention b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the University of Oxford, the oldest university in the English-speaking world; it has buildings in every style of English architecture since late Anglo-Saxon. Oxford's industries include motor manufacturing, education, publishing, information technology and science. History The history of Oxford in England dates back to its original settlement in the Saxon period. Originally of strategic significance due to its controlling location on the upper reaches of the River Thames at its junction with the River Cherwell, the town grew in national importance during the early Norman period, and in the late 12th century became home to the fledgling University of Oxford. The city was besieged during The Anarchy in 1142. The university rose to domina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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