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