Tags: NULL whatsapp THE Trades Union Conference (TUC) issued a stark set of warnings about industrial unrest later this year after it said public spending cuts will hit the UK’s poorest 13 times harder than the richest. Unions will discuss during their three-day annual conference whether to launch a nationwide set of strikes. Labour candidate Ed Miliband has lashed out at such warnings, saying the unions need to act more responsibly.Meanwhile, it was claimed that the government doesn’t need to cut a single job in the public and civil services. The Public and Commercial Services union said that other measures, such as the scrapping of trident and a clampdown on tax avoidance, would help reduce the deficit. Video Carousel – cityam_native_carousel – 426 00:00/00:50 LIVERead More Ad Unmute by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastUndoNoteabley25 Funny Notes Written By StrangersNoteableyUndoMoneyPailShe Was A Star, Now She Works In ScottsdaleMoneyPailUndoSerendipity TimesInside Coco Chanel’s Eerily Abandoned Mansion Frozen In TimeSerendipity TimesUndoBrake For ItThe Most Worthless Cars Ever MadeBrake For ItUndoBetterBe20 Stunning Female AthletesBetterBeUndomoneycougar.comThis Proves The Osmonds Weren’t So Innocentmoneycougar.comUndoElite HeraldExperts Discover Girl Born From Two Different SpeciesElite HeraldUndoautooverload.comDeclassified Vietnam War Photos The Public Wasn’t Meant To Seeautooverload.comUndo More From Our Partners Native American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.orgInside Ashton Kutcher and Mila Kunis’ not-so-average farmhouse estatenypost.comA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comBiden received funds from top Russia lobbyist before Nord Stream 2 giveawaynypost.comAstounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.orgKiller drone ‘hunted down a human target’ without being told tonypost.comPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgRussell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.org Share KCS-content whatsapp Unions threaten mass cuts protests Show Comments ▼ Sunday 12 September 2010 11:20 pm
CricketBCCIIndian premier leagueLatest Sports NewsSports BusinessNewsSportSportstars By Kunal Dhyani – March 10, 2018 Share on Facebook Tweet on Twitter Cricket Cricket Cricket Cricket Latest Sports News Previous articleDid CoA shortlist candidates for NCA with no background of cricket?Next articleTata Sky offers free IPL to woo new subscribers Kunal DhyaniSports Tech enthusiast, he reports on Sports Tech industry and writes on sports products. Indian speedster Mohammad Shami is in trouble. Facing charges of domestic violence, attempt to murder, criminal intimidation and causing hurt by means of poison, which if proved right may land him in serious trouble – including a jail term.Am FIR is lodged with the Kolkata Police. Arrest not ruled out either, subject to findings of a primary investigation. WI vs SA 2nd Test Day 3 Live: Rain stops play; South Africa in huge trouble, SA 66/6 (24.3 ov)- Follow Live Updates PSL 2021 Qualifier 1 ISL vs MUL LIVE: best way to watch Islamabad United vs Multan Sultans Live Streaming in your country, India, Follow… RELATED ARTICLESMORE FROM AUTHOR BCCI Apex Council Meet: BCCI to bid for 3 major global events in next tournament cycle starting from 2024; Check WTC Final LIVE: Jamieson says, ‘nice and pleasing to get Virat Kohli’s wicket’; Gill feels India could have got more wickets by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeGrammarlyAdvertisement Avoid Grammatical Errors with This Helpful Browser ExtensionGrammarlyUndo24/7 SportsIt’s Amazing To See How These NBA Stars Have Changed Since College24/7 SportsUndocio.comUnlocking the Success of Digital Transformation with Active Intelligencecio.comUndoLaw will take its own course to determine the accusations made by wife Hasin Jahan against the Indian pacer. Wife says she has enough evidence to prove her charges, including the career-threatening allegations of match-fixing. The cricketer has quashed allegations.The legal procedure to establish or the quash the charges is long one, but the trouble for the cricketer has already begun. He is poised to not only lose opportunities to play but also big money.The first financial blow has been dealt by the Board of Control for Cricket in India. Shami has for now been denied BCCI’s central contract in wake of the serious allegations levelled against him.Shami, according to sources in BCCI, was to get a Grade A contract alongside the likes of MS Dhoni, Ravichandran Ashwin, Ravindra Jadeja, Murali Vijay, Cheteshwar Pujara, Ajinkya Rahane and Wridhhiman Saha.Even as Shami’s wife has lodged no formal complaint with the BCCI, the board taking a suo moto stand has withheld his annual contract. “The BCCI has taken cognizance of all the reports emerging about Mohammed Shami’s personal life. It is purely a personal matter and the BCCI has nothing to do with it. However, keeping in mind that the woman in question has met the police commissioner of Kolkata, it is only prudent on BCCI’s part to wait for any official inquiry to take place,” a BCCI official had said on the issue.The denial of an ‘A’ category contract will deal Shammi a ₹5 crore blow. The revenue from the match for the games he is set to lose is not included in the numbers.He also faces a threat of losing out his Indian Premier League contract with the Delhi Daredevils, who as of now have watch approach, but are also evaluating options to replace the seasoned seamer.“Daredevils management can’t take any unilateral decision in this matter. All players who play in the IPL have a tri-partite contract involving the franchise, BCCI, and the player. Yes, we are well aware about the sensitive situation and we are having discussions with top BCCI officials. There is a clause about any player bringing disrepute but it is for the lawyers to interpret it,” a senior franchisee official has reportedly stated.Shami has negotiated a ₹3 crore retention deal with the Delhi IPL franchisee. Delhi Daredevils are consulting the BCCI on possible replacements. His departure from IPL 2018 also appears imminent if the dispute with the wife is resolved amicably over the next couple of days.The bowler who was paid ₹2.2 crore by the BCCI for compensation on account of missing out the IPL games due to injuries, now is faced with an almost unavoidable threat of losing out guaranteed ₹8 crore contracts on account of the BCCI and IPL contracts.The controversy will further damage Shami’s brand value and commercial opportunities. “A cricketer is an icon. Big or small, a controversy is something that scars. No cricketer can afford it. This particular controversy is about a woman, and a wife. The can be very damaging to the image and reputation of Shami. Let’s not forget, cricketers are equally followed by women, as by men. Brands are about families and a reputation his like this is not something a celebrity can afford,” says Harish Bijoor, business strategist and owner of Harish Bijoor Consults Inc. Controversy an instant ₹ 8 crore blow to Shami! 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Arbico Plc (ARBICO.ng) listed on the Nigerian Stock Exchange under the Building & Associated sector has released it’s 2019 abridged results.For more information about Arbico Plc (ARBICO.ng) reports, abridged reports, interim earnings results and earnings presentations, visit the Arbico Plc (ARBICO.ng) company page on AfricanFinancials.Document: Arbico Plc (ARBICO.ng) 2019 abridged results.Company ProfileArbico Plc is a leading construction and civil engineering company in Nigeria responsible for building major residential, commercial, industrial and hospitality projects as well as key infrastructure projects. The company offers services such as pre-construction and estimating, design, build and project management as well as engineering, procurement and construction management services. Arbico Plc has been involved in the construction of major projects in Nigeria spanning residential, commercial, industrial and hospitality projects as well as a number of key infrastructure projects for the government of Nigeria. Flagship projects include residential projects such as No 7 Oniru in Lagos, Oba Elgushi residence in Lagos and SKA residence in Lagos; public assembly projects such as the Rose of Sharon Centre in Lagos; commercial projects such as Feyide House in Lagos and KAAF Building in Ogun State; hospitality projects such as Park Inn Hotel in Ogun State; industrial projects such as the Coleman Factory Development in Ogun State; and infrastructure projects such as NBC Asejire Plant in Oyo and the effluent/water treatment plant in Ogun State. Arbico Plc was founded in 1958 and is a subsidiary of R28 Limited. The company’s head office is in Lagos, Nigeria. Arbico Plc is listed on the Nigerian Stock Exchange
North West Arts has published a report outlining different methods of funding the cultural sector. Find out more about Banking on Culture – Expanding the cultural economy at North West Arts. Advertisement Howard Lake | 22 August 2000 | News 14 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Funding the cultural sector About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.
Howard Lake | 24 January 2006 | News Tagged with: Management Update on checking and refusing donations 44 total views, 2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Sandy Adirondack has updated her legal guide’s section on the duties of charities’ governing body members under the Proceeds of Crime Act 2002 to refuse a donation which turns out to be the proceeds of a crime.Sandy, author of The Voluntary Sector Legal Handbook, reports that “governing body members could be prosecuted under the Proceeds of Crime Act 2002 or other money laundering regulations if their organisation accepts a donation or loan which turns out to be the proceeds of a crime, and the governing body member or members knew or suspected that the funds represented the proceeds of crime.”She explains that the Charity Commission’s ./guidance on charities and terrorism indicates that unsolicited donations could be suspicious, “especially if trustees are unable to satisfy themselves about the credentials of the people involved or the propriety of the donation or loan”. Advertisement The Commission encourages charity trustees who are suspicious about a donation such that they want to refuse it to contact them.Sandy’s update links to the relevant Charity Commission advice sheet. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.
Limerick Ladies National Football League opener to be streamed live TAGS#bialuimní@wellnicepopslimerick BusinessNewsSuccess for @wellnicepops at start up awardBy Staff Reporter – June 14, 2016 1259 Limerick company Wellnicepops won silver at the recent Bank of Ireland startup awardsTHE clever and unique will always prevail and that was the case for Limerick company, @wellnicepops Wellnice Pops, who took home a silver award in the Food and Drink category of the Bank of Ireland Business Start-up awards.Established in 2012, the Startup Awards recognise innovative, successful and aspirational Irish startup companies who have launched their businesses in the last three years.BJ and Trin, the founders of Wellnicepops, produce 100 per cent cold pressed fruit and vegetable flavored ice pops which are low in Kcals, high in nutrients but above all packed full of taste and flavour.Sign up for the weekly Limerick Post newsletter Sign Up The business partners and friends have been blazing a trail from their county Limerick base as well as being recognised amongst the business community for their unique company and product.This year, awards were presented to deserving winners across 12 categories including tech, retail, product and innovation with gold, silver and bronze winners being awarded in each category.Pictured at the final of the 2016 Startup Awards are Stephen Dillion, Startups.ie, with Trina O’Brien and BJ Brodrick from Wellnice Pops and Ingrid Halpin, Enterprise Programme Manager, Bank of IrelandCommenting on the Awards, Stephen Dillon, Founder of Startups.ie said “Starting a business takes extreme resilience and determination particularly in the early years. With startups in Ireland accounting for 66% of all new jobs created last year, these companies are an important part of the growth of our economy and they deserve to be recognised, particularly in the early stages of development.“It is our sincere hope that all of the entrants have enjoyed the experience and benefited from their involvement in the Startup Awards. I would like to thank Bank of Ireland and all our sponsors for their continued support. The competition was very tough this year so a huge congratulations to all our finalists and winners.”David Merriman, Head of Enterprise Development at Bank of Ireland said “This is the third year of the Bank of Ireland Startup Awards and we are thrilled to be partnering with Startups.ie on such an exciting initiative. As Ireland’s leading Bank for business we are committed to supporting new and emerging entrepreneurs as they grow and develop their business and we have been incredibly impressed by the innovative, highly motivated individuals and groups that have come through this competition. In addition to recognising the immense contribution that Ireland’s innovators and entrepreneurs make to the economy, the Startup Awards provide a platform to promote these young companies on a national stage. On behalf of Bank of Ireland, I commend everyone who has participated and congratulate all of our winners and runners up. I have no doubt we will see some exciting progress as these companies continue to evolve.”For more information on the awards visit www.startupawards.ie or the Bank of Ireland Twitter account @BOIbusiness using the dedicated hastag #boistartupawards. WhatsApp Predictions on the future of learning discussed at Limerick Lifelong Learning Festival Email Twitter WATCH: “Everyone is fighting so hard to get on” – Pat Ryan on competitive camogie squads Print RELATED ARTICLESMORE FROM AUTHOR Billy Lee names strong Limerick side to take on Wicklow in crucial Division 3 clash Limerick’s National Camogie League double header to be streamed live Facebook Linkedin Previous article2020 bid hots upNext articleBe Irish – buy Irish during Euro 2016 campaign Staff Reporterhttp://www.limerickpost.ie Limerick Artist ‘Willzee’ releases new Music Video – “A Dream of Peace” Advertisement
Google+ Twitter Important message for people attending LUH’s INR clinic Facebook WhatsApp Facebook Pinterest News, Sport and Obituaries on Monday May 24th Top Donegal baby names revealed It’s been revealed that ‘Amelia’ and ‘James’ were the most popular baby names in the border region last year.According to the latest data just released from the Central Statistics Office, ‘James’ was also ranked most popular in 2016 with ‘Emily’ being the most popular baby girls name.The data also shows that ‘Conor’ and ‘Oisin’ were the much preferred boys names by Donegal mothers last year.While in 2016, ‘Charlie’ was the favourite boys name among mothers from the county.In terms of girls names, ‘Amelia’ and ‘Sophie’ came out on top last year among Donegal mothers while ‘Ava’ was the most popular in the county in 2016.Nationally, Jack reclaimed the top spot as the most popular baby boys name in 2017, a position it has held since 2007, with the exception of 2016, when James was the most popular choice.Jack was followed by James, Daniel, Conor and Sean as the first five most popular names for boys in 2017.The top names for newly arrived baby girls last year were Emily, Emma, Amelia, Grace and Sophie. Homepage BannerNews RELATED ARTICLESMORE FROM AUTHOR Pinterest Previous articleDonegal included in Met Eireann’s latest Yellow Weather WarningNext articleRory McIlroy feeling confident ahead of Masters News Highland Community Enhancement Programme open for applications Nine til Noon Show – Listen back to Monday’s Programme WhatsApp Twitter Arranmore progress and potential flagged as population grows Loganair’s new Derry – Liverpool air service takes off from CODA Google+ By News Highland – February 28, 2018
This week’s guruHR disgraces itself when cameras rollHR was on the box last week, and it got a bit messy. Susannah, head of HR atHoliday Autos, was first up in a documentary about an ailing call centre. Whilethe CEO ran amok on the shopfloor in a desperate attempt to improve sales,Susannah’s strategic role was to clear up the personal belongings of the peoplewho resigned as a result. Next up was Jill, an HR officer, on the Graham Norton show. Mike Myers wasthe special guest star and the audience made Austin Powers spy gadgets in anattempt to win a holiday in Florida. Guru was hoping for an ingenious psychometric test to root out doubleagents, or a clever ejector seat to remove tribunal-seeking staff. Instead,Jill offered up a rather poorly constructed penis detector. Just answer Guruone question Jill: why? Can all disciples please start bathing the profession in glory when on TV?Otherwise Guru is going to make you all watch video footage of his 1989performance on University Challenge when he single-handedly completed a”starter for ten” on cod…Police burned out by world cup stressOfficers from the police and the fire brigade often have to work closelytogether in cases such as traffic accidents and arson, so it is vital there iseffective co-ordination between the services. However, Guru suspects this special relationship might have come understrain to a degree in Hampshire during the World Cup when county firefightersresponded to a fire alarm at Lyndhurst police station. Two fire engines sped to the scene only to find police officers glued to thestation TV engrossed in the England Brazil game. It transpired that such hadbeen the big game tension the bobbies had allowed the toast for their half-timesnacks to burn. Driving home politeness proceduresIt is obviously vital for successfulservice industries to foster good customer relationships, so Guru was delightedto learn about the Reading bus company that provided its drivers withpoliteness manuals to ensure the highest standards of behaviour were maintained.However, it appears there is a need for some additionaltraining after a rather unfortunate incident when a bus driver lost his rag.The irate driver hurled his staff politeness manual at a woman who criticisedhim for admonishing an elderly passenger whose shopping trolley blocked theaisle – an approach unlikely to have been highlighted by the guide.Guru is surprised the driver did not get his revenge in themanner of most bus drivers by stopping and starting the vehicle so violentlythat any elderly passengers who might have inadvertently annoyed them arescattered down the aisles like skittles. Cure for illness in the bottom ofravioli packet An Italian factory has put all its employees on a special dietto boost their health and performance.Proel, an electronics firm based in Teramo, has asked its staffto eat meals containing plenty of vegetables and pasta rather than greasy foodfor a month – at work and at home.The menu has been specially created by the city’s hospitaldietician, Dr Gilda D’Angelo.Chief operating officer Fabrizio Sorbi believes it is the dutyof a modern factory to correct employees’ poor eating habits.He is optimistic the new diet will improve productivity andreduce absenteeism.”From breakfast to dinner, the diet will help them feelbetter and eventually help them to work better,” he said. GuruOn 16 Jul 2002 in Personnel Today Previous Article Next Article Comments are closed. Related posts:No related photos.
Lawyers view: (Transfer of Undertakings (Protection of employment) regulationsOn 1 Nov 2003 in Personnel Today It’s all change with the TUPE (Transfer of Undertakings (Protection ofemployment) regulations. John McMullen brings you up to the markWe start our update with the confusing case law on when TUPE applies. Thefollowing is an analysis of the present law following the Court of Appealdecision in RCO Support Services v Unison  EWCA Civ 464. The Ayse Suzen case In Suzen v Zehnacker Gabaudereinigung GmbH Krankenhausservice  ECRI-1259 it was held that a changeover of contracts providing services to acustomer is not of itself a transfer. In Ayse Suzen, which involved achangeover of contractors providing cleaning services to a school, the EuropeanCourt held that the directive does not apply merely because a person who hasentrusted the cleaning of his premises to a first undertaking terminates thatcontract and enters into a new contract with a second undertaking. There has, for a transfer to take place, to be a concomitant transfer fromone undertaking to another of significant tangible or intangible assets or thetaking over by the new employer of a major part of the workforce in terms ofnumbers and skills assigned by the predecessor to the performance of thecontract. Three EFTA court decisions – Eidesund (Case E-2/95), Ulstein (Case E-2/96)and Tor Angeir ASK (Case E-3/96) – also involving contractor changeovers haveapproved Suzen, as have five further European Court decisions concerningoutsourcing (Vidal (C-127/96), Santner (C-229/96), Montana (C-74/97) IRLR 132, Hidalgo (C-173/96) and Ziemann (C-247/96)  IRLR 136 and a morerecent decision concerning intra-group subcontracting Temco Service Industriesv Imzilyen  IRLR 214). The approach in the UK 1) labour-intensive service contracts The problem with Ayse Suzen is that it leads to an unfortunately circularreasoning. In the type of outsourcing situation where no assets transfer (ie alabour intensive function, such as, commonly, cleaning, security, maintenance)whether a transfer occurs will depend on whether a major part of the workforceis taken on. The circularity is this: should it be right that whether I have the right totransfer as an employee depends on whether I do transfer? The Employment AppealTribunal and, subsequently, the Court of Appeal, in the case of ECM (VehicleDelivery Service) v Cox  IRLR 559 introduced, in response, a”motive” test. Under this, Suzen should prima facie apply, but if thereason for the new contractor not taking on a major part of the workforce wasto avoid TUPE, then nonetheless TUPE should still apply. The latest ruling in the UK on TUPE is the Court of Appeal decision in RCOSupport Services v Unison  EWCA Civ 464. In this case, RCO won a contractto provide specialist cleaning services at a new hospital to which an NHS trustwas transferring its operation. It offered jobs to employees of the outgoingcontractor, but only on a non-TUPE basis. The employee rejected the terms andtherefore no employees transferred and no assets transferred. The Court ofAppeal held nonetheless that TUPE applied. The Court of Appeal in RCO Support Services v Unison is, for the moment, themain reference point on the current position on labour-intensive servicecontract creation and transfers. It should be noted, however, that leave wasgranted to appeal to the House of Lords and, at the time of writing, the caseawaits hearing by their Lordships. A somewhat clearer view of the entire areamay be available towards the end of 2003. The synthesis to be constructed from RCO v Unison is, I suggest, as follows:– Employment tribunals must follow the Suzen case. It will be highlymaterial, therefore, in a labour intensive function that there is no takingover of a major part of the workforce in terms of numbers and skills. – At the same time, however, the fact that employees are not taken on willnot of itself prevent TUPE applying. There may be certain cases where no assetsor employees are transferred, where there may still be a TUPE transfer. – This is because the Court prefers a “multi factorial” approach.If all things are equal, the absence of assets and employees will be highlymaterial and militate against a transfer. However, there may well be, in manyoutsourcing cases, other factors pointing towards the transfer. – Questions that therefore, should be considered in the round, (and not as asingle factor) could include the motive of the new employer in wishing to avoidTUPE obligations (see ECM v Cox, above). The particular factors pointingtowards a transfer in the RCO case were first, that RCO was not deliberatelyseeking to avoid TUPE but was willing to take on employees (albeit on non-TUPEterms). Second, the Court of Appeal emphasised the specialist nature of thecleaning services in question that suggests the position could be different ifthe services were not specialist. Two subsequent cases have provided other examples of where it may belegitimate for an employer not to take on employees, in which case Suzen wouldapply. First, in Williams v Lockhart Security Services Ltd (EAT/1395/01) on achangeover of security services the customer requiring the security servicestipulated that the new contractor should not hire any of the previouscontractor’s staff. Furthermore, no assets transferred between the outgoing and incomingcontractor. The third party, customer’s, direction that no staff should betaken on entitled the incoming contractor to decline employment to the firstcontractor staff and there was no transfer. Second, in Ministry of Defence vCarvey (EAT/202/00), the Ministry of Defence took back in-house the function ofguarding services at an army camp from its contractor, Rentokil Initial. Noassets were taken and no staff taken on by the Ministry of Defence. The reasonfor not employing staff was that for strategic reasons armed guards wererequired for the camp in the future. Rentokil Initial’s security guards werenot licensed to carry arms. Because the Ministry of Defence therefore had alegitimate economic reason for not taking on the staff of the contractor, therewas no TUPE transfer. The approach in the UK2) asset-reliant service contracts Where the economic entity is an asset-reliant function, a different enquirymust be made. Unlike a labour-intensive function, the transfer of staff is lessdeterminative of whether there is a TUPE transfer. The transfer of assets andother matters become much more important. Thus held the European Court in OyLiikenne AB v Liskojarvi and Juntunen  IRLR 171. After a competitivetendering exercise in Finland resulting in a change of bus operators on a numberof Helsinki routes, of 45 employees employed by the outgoing contractor, 33were taken on by the new operator, albeit on less favourable terms andconditions. No vehicles or other assets connected with the operation of the bus routesconcerned were transferred. Two drivers who had been re-engaged by the newoperator brought a case in the Finish courts arguing that a transfer of anundertaking had taken place and that they were entitled to be employed on thesame terms and conditions as they had previously enjoyed with the outgoing busoperator. Here the European Court concluded that the Acquired Rights Directive did notapply. In labour-intensive operations there might be a transfer even though noassets were transferred. But if the undertaking depends on the use ofsubstantial assets – such as plant and equipment – the provision of the servicecould not fairly be regarded as an activity based essentially on manpower aloneand other factors had to be taken into account. Here it was impossible to run the bus routes without busses. It was anasset-reliant service and as the busses were not in the main transferred therewas no transfer even though most of the employees were taken on. The EAT has, as with labour-intensive service contracts, applied its”multi factorial” softening approach to Oy Liikenne. This in P&OTrans European Ltd v Initial Transport Services Ltd and Others  IRLR 125P&O was contracted to provide a petroleum delivery service. There was no transfer of Shell’s fleet to P&O, but the majority ofShell’s workforce were taken on by P&O. This was, though, to the exclusionof certain administrative staff employed by another contractor, Initial.Although it was argued that the facts of Oy Liikenne were indistinguishablefrom the present case, the EAT was satisfied that the tribunal had weighed thequestion of transfer of assets very carefully but was entitled to find otherfactors in favour of a transfer. Oy Liikenne was distinguishable principally because the drivers (themajority of the workforce) were taken on “as if TUPE applied” afactor that was not the case in Oy Liikenne. This is therefore another example of the application, in the UK of the”multi factorial” test which, while respecting cases such as Ayse Suzen(in the latter case of labour-intensive functions) and Oy Liikenne (in the caseof asset-reliant functions) allows countervailing factors to be taken intoaccount if nothing else is equal. Service contracts – practical pointers It is possible to take the European Court cases of Ayse Suzen and OyLiikenne literally and rely on the absence of employees or assets to maintainthe position that TUPE does not apply. This position allows, for example, theparties to consider non-TUPE bids in tendering for services. However, as willbe seen from the “multi factorial” test employed in the UK courts,adopting a non-TUPE stance carries with it considerable risks. Liability for failure to inform and consult under TUPE If there is a failure to inform and consult by a transferor, leading to asuccessful award under Regulation 11, is this a matter that would pass to thetransferee under Regulation 5 of TUPE or should it rightly stay with thetransferor, whose fault it was? It was held in the case of Angus Jowett & Co Limited v National Union ofTailors and Garment Workers  IRLR 646 that a claim by an employeerepresentative for breach of the redundancy equivalent of Regulation 11 (aprotective award for non-consultation on multiple redundancies) was not a rightunder, or in connection with, an employment contract so as to pass underRegulation 5(2)(a) of TUPE. However, it was speculated in Angus Jowett that an employee’s individualentitlement under a protective award won by an employee representative was sucha right under or in connection with the employment contract. Although the EATregarded the competing arguments as “nicely balanced”, it decided, inKerry Foods Limited v Creber  IRLR 10 that an employee’s rights under aprotective award was a liability passing under Regulation 5 to a transferee. Itseems harsh as the transferee would then pick up liability for the default of atransferor. The policy arguments in this area were therefore addressed more coherentlyin TGWU v McKinnon  IRLR 597, where the EAT held that Regulation 10liability should stay with the transferor. For if it did not, there would be noincentive upon a transferor to comply with the provisions of Regulation 10,which would go contrary to the aims of the Acquired Rights Directive. Nonetheless, the most recent EAT authority on this point followed KerryFoods. In Alamo Group (Europe) Ltd v Tucker (EAT/994/01), the EAT held thatliability for breach of Regulation 10 should pass to the transferee in view ofthe breadth of the wording of Regulation 5. This area clearly needs addressingat the earliest opportunity by the Court of Appeal. In the meantime,transferees should ensure that they are indemnified against a transferor’sbreach of Regulation 10 in any transfer agreement to which they are a party. The Pinsents 2003 TUPE Survey The reader of this article will have concluded that the law on transfer ofundertakings is increasingly over complicated to the detriment of the end user,whether employees, trade unions, employers or the legal practitioner. The Pinsents Survey on TUPE, published in May will make some interestingreading. Some principal findings of this survey of HR directors are as follows: – 77.1 per cent of the sample had experienced difficulty in the applicationof the TUPE Regulations – 77.9 per cent of respondents highlighted the inheritance of unsuitableterms and conditions of employment as a major problem, while 81.7 per centcomplained about a difficulty in changing terms and conditions. Also 31.3 percent expressed concern about the inheritance of collective agreements and 29.4%expressed concern about information and consultation with employeerepresentatives – 59.2 per cent considered that TUPE had increased the expenditure of atransaction, 34.7 per cent indicated that the existence of TUPE made therespondent think of alternative ways to structure each transaction, 59.2 percent of respondents considered that TUPE slowed down the process of sale orpurchase or outsouring and 12.7 per cent considered that TUPE actually stopped atransaction from going through – An interesting aspect is the legal resourcing of TUPE advice, where 83.5per cent of employers felt the need to obtain legal advice on theirtransactions – There was unanimous concern about the delay in implementing new TUPERegulations, promised some years ago, still under consideration and on whichDTI proposals have yet to be published. Copies of the survey, when published, can be obtained from Pinsents. [email protected]pinsents.comThe new TUPE regulations All this illustrates the need for new TUPE regulations, expected in draftsoon. These will, it is widely expected, allow for a more comprehensive TUPEcoverage to service contract operations (but excluding “high levelprofessional services”). By this, it means that TUPE will apply to mostcontracting-out situations apart from where professional services are involved.New TUPE will also introduce a requirement on the old employer to notify thenew employer of employment liabilities that will be transferring under TUPE.The new regulations will clarify the circumstances in which employers canlawfully make transfer-related dismissals and negotiate transfer-relatedchanges to employment terms. And the regulations will introduce somelong-awaited flexibility in the application of the regulations concerningtransfer of insolvent businesses, giving a sharper focus to the promotion ofthe “rescue culture” of ailing businesses. For example, in relationto insolvent businesses, it may be possible more easily to change terms andconditions by collective agreement where this is necessary to ensure survivalof the undertaking. Also likely are some improvements to the information and consultation rightsin favour of employee representatives. These amendments are in compliance withDirective 98/50, which should have been implemented in July 2001. The issue of coverage of occupational pension rights under TUPE is to beconsidered separately and over a longer timescale as part of the pensionsreview being undertaken in the government’s green paper, Pensions in theWorkplace, published last December. However, it has already been stated in the pensions green paper that TUPEwill be extended to pensions. Where before a transfer of employer is in receiptof pension provision, the new employer will be obliged to match an employee’scontribution up to a maximum of 6 per cent of employee’s salary. This will be amajor change to the law and practice on TUPE, extending the current practice toobserve pension rights on TUPE transfers in the public sector, also to theprivate sector. Dr John McMullen is national head of employment law and author ofBusiness Transfers and Employee Rights, Butterworths, looseleaf and bulletins.He is acknowledged as the leading expert on TUPE and has been involved in someof the largest and most complicated TUPE transfers Related posts:No related photos. Comments are closed. Previous Article Next Article
FacebookTwitterLinkedInEmailiStock/Thinkstock(NEW YORK) — Here are the scores from Tuesday’s sports events:NATIONAL BASKETBALL ASSOCIATIONMilwaukee 109, N.Y. Knicks 95Houston 113, Oklahoma City 109Boston 121, Philadelphia 114L.A. Lakers 127, Golden State 101Utah 117, Portland 96Copyright © 2018, ABC Radio. All rights reserved. December 26, 2018 /Sports News – National Scoreboard roundup — 12/25/18 Written by Beau Lund