The European approach
Article Abstract:
UK employees are protected against business relocations under the EC Business Transfers Directive and the 1981 Transfer of Undertakings Regulations. Under the Directive, employees must be notified prior to transfers, employee contracts and rights are automatically transferred, and protections against dismissals are available. The Directive also covers the conditions for defining a legal transfer. European Court of Justice decisions on lease-related transfers, conditional sales, subsidy switches, contracting-out, franchises, insolvency, and retention of business identity are analyzed.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1996
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No global contract between health authority and bank nurse
Article Abstract:
The Court of Appeal in Clark v. Oxfordshire Health Authority upheld an industrial tribunal's decision that an on-call nurse who worked under contract for a nursing employment agency did not have a global or umbrella contract because the nature of employment did not create a mutuality of obligation. The Court held that the nurse's singular engagements were insufficient to support mutuality claims. The Court remitted the case to the industrial tribunal to determine if mutuality did at some time exist.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1998
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No transfer of local government administration
Article Abstract:
The European Court of Justice, in the 1996 Henke case, held the EC Business Transfers Directive is inapplicable when a municipal authority's public administrative duties are moved to another separate body, as in a reorganization. However, the decision fails to consider that private business have taken many over many duties previously performed by public institutions.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
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