When employees go on tour

Article Abstract:

The introduction of the Transfer of Undertakings (Protection of Employment) Regulations 1981 was meant to facilitate the implementation of the EC Acquired Rights Directive 77/187/EEC. The regulations, however, are seen as not meeting several of the EC directive's requirements. One of the noted shortcomings is the unclear definition of two major concepts, 'legal transfer' and 'undertaking, business or part of a business.' This vagueness stems from the fact that the UK regulations do not contain the exact English version of the directive. Another of the regulations' significant shortcomings pertains to the issue of limitation of consultation before a transfer. The UK regulations require that the transfer be made to authorized trade union representatives while the EC directive says it should be made to the recognized representatives of the entire workforce.

Employment, European Union, European Community

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A disastrous EAT decision: law at work

Article Abstract:

Terms of employment contracts have always been held by British law to be fixable only by the parties themselves, regardless of whether these parties are included in collective bargaining agreements. The automatic inclusion of collective agreements into employment contracts has never been dictated by law, but the parties may agree upon a formula through which the terms can be determined at regular intervals. While failure to act on a collective agreement cannot be seen as acceptance of the agreement, taking a wage increase signals acceptance of the other terms of the package as well, which means it is safest to include the collective agreement automatically in the employment contract. The common sense approach to this issue was upset by a recent decision by the British Employment Appeal Tribunal (EAT), the implications of which are discussed.

Labor law, Collective labor agreements

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Best practice in health and safety

Article Abstract:

The responsibilities of employers for safety and health at their firms are not limited just by statute in the UK. Employers must take reasonable action to ensure that their workplaces are safe and do not pose a threat to employees' health. Statutory violations typically are crimes, but they generally do not give employees a basis on which to sue employers for breaches of safety or health. However, breaches of certain laws do allow injured parties to sue. Statutes are breached when a firm fails to comply with legislation, thus creating risk. Employers must identify risk and take reasonable protective and preventive steps to remedy any dangers that are identified.

Occupational health and safety, Occupational safety and health, Employer liability

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