|
Transfer Of Undertakings (Protection Of Employment)
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, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
SI 2006
This is an incomplete list of Statutory instrument (UK), statutory instruments of the United Kingdom in 2006. 1–100 * Public Contracts Regulations 2006S.I. 2006/5 * Utilities Contracts Regulations 2006S.I. 2006/6 * M6 Motorway (Junction 36, Town Head Bridge Parapet Upgrade) (Temporary Restriction of Traffic) Order 2006S.I. 2006/7 * Food Hygiene (England) Regulations 2006S.I. 2006/14 * Official Feed and Food Controls (England) Regulations 2006 (S.I. 2005/15) * Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations 2006S.I. 2006/16 * Community Drivers' Hours and Working Time (Road Tankers) (Temporary Exception) Regulations 2006S.I. 2006/17 * Performances (Moral Rights, etc.) Regulations 2006S.I. 2006/18 * Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006S.I. 2006/29 * Education (Information About Individual Pupils) (Wales) (Amendment) Regulations 2006S.I. 2006/30 * Food ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Dismissal
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia Australia has long-standing protection for employees in relation to dismissal. Most of that protection was however confined in one of two ways. An employer could not dismiss an employee for a prohibited reason, most typically membership of a union.Such a''Commonwealth Conciliation and Arbitration Act'' 1904 (Cth)s9(1). An individual however could not challenge their own dismissal as being unfair and instead had to rely upon a union challenging the fairness of the dismissal. This remedy however was generally only available in the state tribunals. A similar definition existed at the Commonwealth level, however it was considerably limited by the requirement under the Constitution to establish an inter-state dispute. The ability for an individual to seek relief from unfair dismissal was first established in a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
City Of Edinburgh Council
The City of Edinburgh Council (Scottish Gaelic: ''Comhairle Baile Dhùn Èideann'') is the local government authority covering the City of Edinburgh council area. Almost half of the council area is the built-up area of Edinburgh, capital of Scotland. With a population of in , it is the second most populous local authority area in Scotland. The council took on its current form in 1996 under the Local Government etc. (Scotland) Act 1994, replacing the City of Edinburgh District Council of the Lothian region, which had been created in 1975. The history of local government in Edinburgh, however, stretches back much further. Around 1130, David I made the town a royal burgh and a burgh council, based at the Old Tolbooth is recorded continuously from the 14th century. The council is currently based in Edinburgh City Chambers with a main office nearby at Waverley Court. History Origins The date of Edinburgh's formation as a burgh is unknown, but it is referred to as a royal burgh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nottinghamshire Healthcare NHS Trust V Hamshaw
Nottinghamshire (; abbreviated ''Notts.'') is a ceremonial county in the East Midlands of England. The county is bordered by South Yorkshire to the north-west, Lincolnshire to the east, Leicestershire to the south, and Derbyshire to the west. The largest settlement is the city of Nottingham (323,632), which is also the county town. The county has an area of and a population of 1,154,195. The latter is concentrated in the Nottingham built-up area in the south-west, which extends into Derbyshire and has a population of 729,997. The north-east of the county is more rural, and contains the towns of Worksop (44,733) and Newark-on-Trent (27,700). For local government purposes Nottinghamshire comprises a non-metropolitan county, with seven districts, and the Nottingham unitary authority area. The East Midlands Combined County Authority includes Nottinghamshire County Council and Nottingham City Council. The geography of Nottinghamshire is largely defined by the River Trent, which for ... [...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] |
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 a ... [...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 ... [...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!'' (film), a 2009 Indian Telugu-language film starring Siddharth Narayan and Shamili Business *''Osakeyhtiö'', often abbreviated Oy, a type of Finnish limited company 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) People *Edin Øy (born 1997), Norwegian footballer *Nils E. Øy (born 1946), Norwegian newspaper editor * Jenna von Oÿ (born 1977), American actress and country music singer 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 lo ... [...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] |
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues. The tribunal may sit anywhere in Great Britain, although it is required to have an office in London. It is part of the UK tribunals system, under the administration of His Majesty's Courts and Tribunals Service. The tribunal may not make a declaration of incompatibility under the Human Rights Act 1998. Membership There are two classes of members of the tribunal: *Nominated members, who are appointed from English and Welsh circuit judges, judges of the High Court and the Court of Appeal as well as at least one judge from the Court of Session. *Appointed members, who must have special knowledge or ... [...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] |
