Transferring responsibility
Article Abstract:
A recent ruling by the European Court of Justice calls into question the employment protection which the Acquired Rights Directive and the Transfer of Undertakings (Protection of Employment) regulations have widely been interpreted as guaranteeing. The ruling states that the directive will only apply to the transfer of a service contract if substantial tangible or intangible assets are transferred from one company to another. This ruling may mean that contractors which have taken on an existing workforce may face high costs for severance and redundancy payments.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1997
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Employment agreements
Article Abstract:
Construction employers have to be aware of the Transfer of Undertakings (Protection of Employment) regulation 1981 (TUPE) and its effects when tendering for new works. It may mean that they inherit employees and they need to price their tender bids accordingly. Often new employers assimilate transferred employees into an existing workforce, matching terms and conditions. However a recent case will mean that employers will not be able to agree the rationalisation of inherited employees' contracts.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1996
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Studying the form. (potentially hazardous subcontracts)
Article Abstract:
Norwest Holst's subcontract contains potential hazards following amendment and addition to the standard Conditions of Domestic Subcontract DOM/1. The reasonable balance and fairness of the standard DOM/1 is distorted and the subcontractor faces uncertainties about the timing and amount of payments and there are some onerous clauses.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1996
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