(Forthcoming) Business Reorganisations Redundancies & Transfers

(Forthcoming) Business Reorganisations Redundancies & Transfers

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DUE OUT 2020
CHAPTER ONE INTRODUCTION
  • The scope of the book
  • Contracts of employment, express and implied terms and section 1 statements
  • Other issues that may arise on a reorganisation.
  • Reorganisation, redundancy or transfer?
  • Discrimination issues.
  • Maternity.
    
CHAPTER TWO THE CONCEPT OF DISMISSAL AND THE RIGHT TO CLAIM
  • Concept of dismissal
  • Express dismissal by the employer
  • Expiry of a fixed term
  • Definition of unfair dismissal
  • Effective date of termination and notice period
  • Exclusions from right to claim for unfair dismissal and redundancy
  • Qualifying period of employment and continuity of employment
  • Exclusions from right to claim
    
ACTIONS SHORT OF DISMISSAL
   
CHAPTER THREE VARIATION OF THE CONTRACT
  • Scope of Part II
  • Is there an agreement to vary?
  • Variation of terms and conditions
  1. Express or written agreement to vary.
  2. Section 1 statements
  3. Employee impliedly agrees to variation
  4. Collective Agreements
  5. Collateral contracts
  6. Termination of the contract and entry into a new contract

CHAPTER FOUR EXPRESS TERMS OF THE CONTRACT
  1. Construction of express terms
  2. Limitation of express terms by implied terms
  3. The effect of variation or flexibility clauses
    1. Hours of work
    2. Place of work
    3. Remuneration
    4. Job description and content
  4. Precedents
CHAPTER FIVE IMPLIED TERMS
  1. When will terms be implied?
    1. Necessary or obvious
    2. Where the term is necessary to give business efficacy to the contract
    3. Custom and practice
    4. Conduct
  2. Limitation on implied terms
  3. Implication of flexibility clauses
    1. Hours of work
    2. Place of work
    3. Remuneration
    4.  Job description and content
CHAPTER SIX LAY OFF AND SHORT TIME WORKING
  1. Introduction
  2. Common law
  3. Guarantee payments
  4. Continuity
  5. Redundancy payments
CHAPTER SEVEN HANDLING CHANGE
  1. Agreeing to the variation
  2. Working on under protest
    1. (a) Continuing to work
    2. (b) Trial periods
  3. Dismissal for refusal to change
  4. Resigning and claiming constructive dismissal
    1. Breach of contract
    2. Anticipatory breach or premature reaction
    3. Fairness of the dismissal
    4. Consultation
    5. Mitigation
  5. Other remedies
    1. Injunctions
    2. Declarations
    3. Public law remedies
 PART III DISMISSAL
   
CHAPTER EIGHT DISMISSALS FOR REDUNDANCY OR RE-ORGANISATION
  1. Introduction
  2. Redundancy or reorganisation
    1. Other reasons for dismissal.
    2. Getting it right.
  3. Redundancy: preliminary matters
    1. The presumption of redundancy
    2. Associated employers
    3. Voluntary redundancies
    4. Impending redundancies
    5. Leaving early
    6. Maternity
    7. Misconduct and industrial disputes
    8. The date of dismissal
  4. Unfair dismissal and redundancies: the issues that arise.
CHAPTER NINE REDUNDANCY DISMISSALS
  1. The definition of redundancy
  2. The reason for redundancy
    1. Closure of the business for the purpose of which the employee was employed
    2. Closure of the employee’s workplace
    3. Diminishing need for employees to do work of a particular kind
      1. Where there is less work available so fewer employees are needed in the business
      2. Where there is no reduction in the volume of work but there is a diminution in the need for employees
      3. Same work but reorganisation in the allocation of duties so that fewer employees are needed
      4. Change from full time to part time work
      5. Same work available but done by different employees
      6. Same work available but carried out on different terms and conditions
CHAPTER TEN HANDLING REDUNDANCIES
  1. Selection for redundancy
    1. Reviewing the employer’s conduct
    2. Union agreement to procedure not conclusive
    3. Unreasonable redundancy and establishing proper procedure
    4. Section criteria the unit of selection
    5. Criteria used on selection
    6. Discrimination
    7. Application of criteria
  2. Consultation with individuals
  3. Consultation with trade unions
  4. Other consultation requirements
  5. Compensation
  6. Drafting procedures. Precedents and Checklists
CHAPTER ELEVEN OFFERS OF ALTERNATIVE EMPLOYMENT
  1. Scope of the employer’s duties to search for alternative employment
  2. Statutory provisions relating to alternative employment
  3. Exclusion of right to redundancy payment where offer of alternative employment is made
  4. Acceptance of offer
  5. Offers of suitable alternative employment
    1. Personal reasons
    2. Shift work and hours of work
    3. Mobility
    4. Skills
    5. Type of work duration of work
    6. Salary
    7. Status
    8. Age and health
    9. Alternative employment elsewhere before offer
    10. Worry about what the job entails
    11. Duration of offer
    12. Collective offers
    13. Checklist
  6. Maternity
  7. Trial periods
  8. Time off to look for work
CHAPTER TWELVE INSOLVENCY OF THE EMPLOYER
  1. Effect of receivership or liquidation on employee’s contracts of employment
  2. Rights of employees against involvement company
  3. Payment guaranteed by statue
  4. Claims in relation to redundancy
PART IV TRANSFER OF UNDERTAKINGS
   
CHAPTER THIRTEEN BUSINESS TRANSFERS
  1. Common law
  2. ERA 1996
  3. Europe
  4. TUPE
CHAPTER FOURTEEN WHEN DOES TUPE APPLY
  1. Application of Regulations
  2. Employees covered by the Regulations
  3. Undertakings covered by the Regulations: Classic Test and SPC
  4. General
    1. Presence or absence of a profit motive
    2. Transfer of a going concern
    3. The role of goodwill
    4. Checklist
    5. Parts of undertakings
  5. Transfers covered by the Regulations A
    1.      
      1. Sale of a business
      2. Sale of business partnership from one partners to another
      3. Death of sole trader
      4. Sale by liquidator or receiver
    2. Some other disposition
      1. Take over of business licences and leases
      2. Transfers of licensed premises
      3. Contracts, concessions and franchises
      4. Public authority operations, privatisation and takeovers
      5. Transfers of managerial services
      6. Labour supply agreements
      7. Gifts
      8. Informal control
    3. SPCs
    4. Personal representatives
    5. Series of transactions
CHAPTER FIFTEEN: EFFECT OF TUPE
  1. Effect of transfer: substitution of new employer
  2. Which employees are transferred
  3. The tests to be applied
  4. When does transfer take place
  5. What is transferred
    1. Statutory rights
    2. Pension
    3. Criminal liability
    4. Tort
    5. Restrictive covenants
    6. Share options
  6. Effect if regulations on unfair dismissals: automatically unfair. Defences ETO. Constructive dismissals.
  7. Sale of a business checklist
  8. Defences ETO
  9. Constructive dismissals
  10. Handling transfers
  11. Sale of a business checklist
CHAPTER SIXTEEN: PROVISION OF INFORMATION AND CONSULTATION ON TUPE
   
CHAPTER SEVENTEEN TRANSFER OF AN INSOLVENT BUSINESS
  1. Effect of acquired rights Directive
  2. Hiving down
PART V TRADE UNION AND COLLECTIVE CONSULTATION ON REDUNDANCIES AND TRANSFERS – BRINGING IT ALL TOGETHER
   
CHAPTER EIGHTEEN
   
PART VI: INTERNATIONAL ISSUES; OUTSOURCING ETC
   
CHAPTER NINETEEN
   
PART VII REMEDIES
   
PART VIII: PRECEDENTS
   
ON DISC – TO INCLUDE PRECEDENTS, STATUTES AND LINKS TO CASES