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LEGAL ISSUES ASSOCIATED WITH ORGANISATIONAL CHANGE Patricia Rooney 19 September 2013

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

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LEGAL ISSUES ASSOCIATED WITH ORGANISATIONAL CHANGE Patricia Rooney 19 September 2013

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  1. LEGAL ISSUES ASSOCIATED WITH ORGANISATIONAL CHANGE Patricia Rooney 19 September 2013

  2. 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

  3. 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

  4. 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

  5. Impact of TUPE • Employee transfers on existing terms • Continuity of service protected • Changes to terms void if due tothe transfer/reason connected with it • All liabilities pass to new Employer • Pension rights do not transfer

  6. Implementation of Reform • Consultation – Employees & Representatives • Information • Vacancies: Substantially New Posts • Complaints/Grievances

  7. Practical Implications of Reform • Amalgamation of work forces • Local Government • NICS • Harmonisation of terms of employment • Collective Agreements – JCT/Unions • Severance Arrangements

  8. Remedies • Unfair dismissal • Unlawful deduction of wages • Breach of contract • Discrimination

  9. 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

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