Transcript Document

LEGAL ISSUES ASSOCIATED
WITH ORGANISATIONAL
CHANGE
Patricia Rooney
19 September 2013
Legislative Background
• Transfer of Undertakings (Protection of Employment)
Regulations 2006
• Service Provision Change (Protection of Employment)
Regulations (NI) 2006
• Cabinet Office Statement of Practice on Staff
Transfers in the Public Sector 2007
• Public Service Commission Code of Practice 2010
• Local Government (Re-Organisation) Bill 2013
TUPE/SPC
• Relevant transfer
• TUPE = transfer of undertaking/business in UK
• SPC = transfer of organised group with an economic
activity
• Does not apply to
- reorganisation of public administrative authorities
- transfer of administrative functions
Public Sector/Local Government
• Code of Practice & Guidance Notes PSC
– RPA transfers will be relevant transfer
– Staff will have TUPE protection
– Employers to develop transfer scheme
– Pension Scheme = no less favourable terms
Impact of TUPE
• Employee transfers on existing terms
• Continuity of service protected
• Changes to terms void if due to the transfer/reason
connected with it
• All liabilities pass to new Employer
• Pension rights do not transfer
Implementation of Reform
• Consultation – Employees & Representatives
• Information
• Vacancies: Substantially New Posts
• Complaints/Grievances
Practical Implications of Reform
• Amalgamation of work forces
– Local Government
– NICS
• Harmonisation of terms of employment
• Collective Agreements – JCT/Unions
• Severance Arrangements
Remedies
• Unfair dismissal
• Unlawful deduction of wages
• Breach of contract
• Discrimination
Thank you.
Please note that this presentation does not
constitute legal advice.
If you require specific legal advice on any
particular circumstances please contact
Tughans’ Employment Team.
Tel: 028 9055 3300
Fax: 028 9024 2378