Legal Aspects
Document Sample


TUPE and Outsourcing
Transfer of Undertakings
(Protection of Employment) Regs
1981 amended 2006
Protection of the rights of
employees under a transfer of
undertaking
1
TUPE
‘There is no doubt that the position in law
in relation to transfer of undertakings is in
a mess’
President Morison in OCS Cleaning Ltd v
Rudden 1999
a relevant transfer will involve situations
where the ownership of the undertaking
changes
2
TUPE
Amended by the acquired rights Directive
1988
Consultation, appropriate representatives,
28 days prior to exchange of contracts
Reverse outsourcing.
Secondary outsourcing.
3
Dismissals
Only on economic, technical or
organisation grounds.
If not leads to claim for unfair
dismissal
http://www.dti.gov.uk/files/file23163.pdf
Fin
4
Redundancy
Taylor v Kent County Council 1969
P205Pr
Employers duties - consultation
90 days notice 100 plus within 30
days
30 days notice 10 - 99 within 30 days
5
Employers duties - notify Secretary
of State -
90 days notice 100 plus within 30
days
30 days notice 10 - 99 within 30 days
6
Employers duties - notify Secretary
of State -
90 days notice 100 plus within 30
days
30 days notice 10 - 99 within 30 days
Q4 May 08
7
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