23. TUPE

2019 ◽  
pp. 406-420
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Public Sector ◽  
Local Authority ◽  
Employment Law ◽  
Large Numbers ◽  
Unfair Dismissal ◽  
Rights Sharing ◽  
Contractual Rights

The Transfer of Undertakings Protection of Employment (TUPE) Regulations aim to protect the interests of employees when the business they work for changes hands, or when their part of an operation is acquired or transferred to another business. They also apply in merger situations, when in-house processes are outsourced, when a contract to provide a service transfers from one provider to another, and when a public sector body such as a local authority ‘contracts out’ services, or indeed, brings formerly contracted out services back in house. They form a specialised corner of employment law, but one which can be very important for large numbers of people. This chapter discusses core TUPE rights, when TUPE applies, consultation requirements, contractual rights, unfair dismissal rights, sharing of information between transferors and transferees, and TUPE Regulations in respect of the takeover of insolvent businesses.

scholarly journals Experiencing Event Management During the Coronavirus Pandemic: A Public Sector Perspective

2022 ◽  
Vol 3 ◽  
Author(s):  
Tim Coles ◽  
Giselle Garcia ◽  
Evelyn O'Malley ◽  
Cathy Turner
Keyword(s):  
Public Sector ◽  
Local Authority ◽  
The Body ◽  
Event Management ◽  
Local Authorities ◽  
Key Stakeholders ◽  
The World ◽  
Local Recovery ◽  
The Uk ◽  
Opening Up

Events have played a significant role in the way in which the Coronavirus pandemic has been experienced and known around the world. Little is known though about how the pandemic has impacted on supporting, managing and governing events in municipal (i.e., local) authorities as key stakeholders, nor how events have featured in the opening-up of localities. This paper reports on empirical research with senior events officers for local authorities in the UK on these key knowledge gaps. Specifically, it examines events officers' unfolding experiences of the pandemic. The paper points to unpreparedness for a crisis of this scale and magnitude, and the roles of innovation, adaptation and co-production in the emergent response. It highlights the transformative nature of the pandemic through reconsiderations of the purpose of public sector involvement in events and, from a policy perspective, how relatively smaller-scale, more agile and lower-risk arts events and performances can figure in local recovery. Finally, while the effects on, and response of, the body corporate (the local authority) to crises is an obvious focus, it is important to recognise those of the individuals who manage the response and drive change.

10. Industrial action

2019 ◽  
pp. 704-794
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Human Rights ◽  
Historical Development ◽  
Common Law ◽  
European Convention ◽  
Industrial Action ◽  
Unfair Dismissal ◽  
The Law ◽  
The Many ◽  
Contractual Rights ◽  
The Impact

This chapter considers the law relating to strikes and other industrial action including the important changes made by the Trade Union Act 2016. It deals with the historical development of common law and statute in this field to illuminate the current law. The relevance of the European Convention on Human Rights is considered. The tortious and criminal liabilities flowing from industrial action are considered and the crucial immunity for tortious liability provided by the ‘golden formula’ including the exceptions to this immunity and the preconditions of complying with rules on balloting and notice of industrial action. Picketing is considered in relation to the many legal liabilities and the statutory immunity for some peaceful picketing. The granting of injunctions to stop industrial action is examined. The impact of industrial action on individual employees is considered in relation to their contractual rights and liabilities and the law of unfair dismissal.

3. Barriers to employment rights

2019 ◽  
pp. 46-82
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Public Sector ◽  
Employment Law ◽  
Time Limit ◽  
Equal Protection ◽  
Private Firms ◽  
Continuous Service ◽  
Barriers To Employment ◽  
The Uk ◽  
Employment Rights

UK employment law does not give equal protection to everyone considered to be working for an employer. In fact, a substantial minority of people who work for private firms, companies and public sector organisations do not enjoy the protection of employment law in some significant respects. There are four types of situation that often deny people the opportunity to bring their claims to court: when a claimant is not considered to be an employee; when a claimant is not considered to be a worker; when a claimant (who is an employee) has not completed sufficient continuous service with their employer; and when a claimant is found not to be working legally in the UK. In addition, employment tribunals operate strict limits on how soon after someone is dismissed or suffers from an instance of unlawful discrimination they make a claim if they want it to be heard. For most tribunal jurisdictions this time limit is set at three months, meaning that after this period has passed a claim cannot be considered because it is ‘out of time’. In practice this rule can also act as a fifth type of barrier preventing people from accessing their employment rights. This chapter focuses on these five types of situations.

Unfair Dismissal Law and Temporary Migrant Labour in Australia

2018 ◽  
Vol 46 (1) ◽  
pp. 19-48
Author(s):  
Joanna Howe ◽  
Laurie Berg ◽  
Bassina Farbenblum
Keyword(s):  
Migrant Workers ◽  
Job Security ◽  
Employment Law ◽  
Migrant Labour ◽  
Legal Remedies ◽  
Temporary Migrant ◽  
Unfair Dismissal ◽  
Federal Jurisdiction

Increasing attention is being given to the exploitation of temporary migrant workers in Australia, in particular in relation to wage underpayments. But very little focus has been given to the ability of temporary migrant workers to access legal remedies under Australian employment law. This article examines whether temporary migrant workers are able to make and pursue a claim for unfair dismissal within the federal jurisdiction. As unfair dismissal law seeks to protect job security and provides an essential check on managerial prerogative, it is important that temporary migrant workers are able to access this legal avenue to protect them from arbitrary dismissal. We argue there are serious deficiencies in the application, coverage and content of federal unfair dismissal law in relation to temporary migrant workers in Australia.

A SURVEY OF THE USE OF GEOGRAPHIC INFORMATION SYSTEMS IN ENGLISH LOCAL AUTHORITY IMPACT ASSESSMENTS

2012 ◽  
Vol 14 (01) ◽  
pp. 1250006 ◽  
Author(s):  
D. RIDDLESDEN ◽  
A. D. SINGLETON ◽  
T. B. FISCHER
Keyword(s):  
Information Systems ◽  
Spatial Analysis ◽  
Geographic Information Systems ◽  
Public Sector ◽  
Local Authority ◽  
Geographic Information ◽  
Local Authorities ◽  
The Public ◽  
Embedded Gis ◽  
Almost All

Across the public sector, Geographic Information Systems (GIS) and spatial analysis are increasingly ubiquitous when making decisions involving people and places. However, historically GIS has not been prevalently applied to the various types of impact assessment. As such, this paper presents findings from a survey conducted in 2011 of 100 local authorities in England to examine how embedded GIS, spatial analysis and visualisation practices are to the process of conducting impact assessments. The results show that despite obvious advantages of applying GIS in these processes, applications employing basic techniques are at best sporadic, and where advanced methods are implemented, these in almost all instances are conducted by external contractors, thus illustrating a significant GIS under capacity within the sampled local authorities studied.

scholarly journals THE LEGALITY OF THE AUTOMATIC TERMINATION OF CONTRACTS OF EMPLOYMENT

Obiter ◽  
2021 ◽  
Vol 32 (3) ◽  
Author(s):  
Tamara Cohen
Keyword(s):  
Public Sector ◽  
Retirement Age ◽  
Employment Contracts ◽  
Employment Contract ◽  
Labour Relations ◽  
The Public ◽  
Term Contract ◽  
Unfair Dismissal ◽  
Contract Of Employment ◽  
The Impact

The Labour Relations Act (66 of 1995) (LRA) protects employees against unfair dismissal. In terms of section 186(1)(a) dismissal means that “an employer terminated a contract of employment with or without notice”. In order to fall within the ambit of this provision and benefit from the protections afforded by the LRA, an employee must prove that an overt act on the part of the employer has resulted in the termination of the employment contract (Ouwehand v Hout Bay Fishing Industries 2004 25 ILJ 731 (LC)). The onus then shifts to the employer to prove that the dismissal is both substantively and procedurally fair, failing which the employee will be entitled to theremedies afforded by section 193 of the LRA. However, not every termination of an employment contract constitutes a dismissal and a number of scenarios exist where an employment contract terminates lawfully by operation of law. The termination of a fixed-term contract by effluxion of time, termination of the contract due to supervening impossibility of performance and the attainment of a contractually agreed or implied retirement age all give rise to the lawful termination of an employment contract. Similarly the statutory “deemed-dismissal” provisions of application to employees in the public sector provide for the automatic termination of employment contracts in circumstances that the employee is absent without authorisation for a designated period of time. The effect of such automatic termination is that the employment contract terminates by operation of law and not by means of an act of the employer, resulting in the dismissal provisions of the LRA being legitimately circumvented. Labour-broking contracts typically include automatic termination clauses that provide for the automatic termination of employment contracts, between labour-brokers and their employees, when the broker’s client no longer requires the services of such employees. Similarly employers have sought to rely upon grounds of supervening impossibility of performance in order to argue that an employment contract has automatically terminated in the instance of absconding and imprisoned employees. This article will be examining the legality of the automatic termination of employment contracts in these contexts and the impact on employees’ rights to protection against unfair dismissal.

scholarly journals How “Peasant Apartments” Could Undermine Rural Governance in China: Spatial Realignment, Moral Reconfiguration and Local Authority

2019 ◽  
Vol 242 ◽  
pp. 376-396 ◽  
Author(s):  
Ray Yep ◽  
Ying Wu
Keyword(s):  
Local Authority ◽  
Local Governance ◽  
Rural China ◽  
Original Data ◽  
Large Numbers ◽  
Political Challenge ◽  
The Face ◽  
To Come ◽  
Residential Pattern ◽  
China Today

AbstractA seismic change in the residential pattern is emerging in rural China today: traditional rural houses have been rapidly erased from the face of the countryside with large numbers of peasants being relocated to modern high-rise buildings. This process of “peasant elevation” has had a monumental impact on rural China. It redefines the entitlement to land use by the rural citizenry and negotiations for a new regime of property rights concerning land administration, while, most importantly, it undermines the position of the local state in rural China, whose authority is an aggregation of three distinctive elements: coercive power inherent in the state apparatus, control over economic resources, and resonance with local morality. Based on original data collected in Chongqing, Nantong and Dezhou, this paper argues that the comprehensive uprooting of the Chinese peasantry from the land and the resulting complications have caused moral disorientation among the relocated peasants and fragmentation of local authority. The difficulty in establishing community identity in the new setting has further undermined local governance. This may in turn trigger a wave of social and political tensions that may eventually turn out to be a major political challenge to the regime for years to come.

6. Termination of the Employment Contract at Common Law

2017 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Detailed Analysis ◽  
Common Law ◽  
Employment Law ◽  
Employee Rights ◽  
Employment Contract ◽  
Unfair Dismissal ◽  
The Press ◽  
The Right ◽  
Wrongful Dismissal

This chapter looks at termination of employment at common law, and at the breach of employment contract action known as ‘wrongful dismissal’. It first discusses ways in which the contract might untypically end by operation of law rather than the ‘dismissal’ on which many employee rights rest. The chapter then considers the right of either party to terminate most contracts by giving notice—a major feature of UK employment law—and the ability of the employer to dismiss summarily for gross misconduct. It concludes with a detailed analysis of the principal remedy for an employee at common law—the action for wrongful dismissal—which is completely separate and different from statutory unfair dismissal despite an unfortunate tendency for the press to treat them as interchangeable.

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