Article Abstract:
Litster versus Forth Estuary Engineering Ltd, a 1989 Common Market law, defines conditions of a business transfer. Litster requires that a company must have agreed to sell to a new company its assets and equipment. When a business meets that condition and has changed ownership, the business' employees must be transferred to the new company and must maintain the same terms and conditions established by the initial company. The UK Transfer of Undertakings Regulations 1981 (TOUR), under which Litster falls, requires that if employee transfer regulations are to apply, employees must be employed with the initial company immediately prior to the transfer or cannot have been 'unfairly dismissed.
User Contributions:
Comment about this article or add new information about this topic:
Article Abstract:
Redundancy or change in employment terms require proper legal handling of the terms and conditions of the employment contract, particularly when an organization is faced with implementing cost-effective measures. Possible changes in the contract terms should be examined. If introduction of change cannot be enforced, incorporation of collective agreements may be considered. Employee dismissal would involve redundancy, unfair dismissal, breach of contract, union consultation and informing the Department of Social Security. The employer should consult with the employee to avoid an unfair dismissal.
User Contributions:
Comment about this article or add new information about this topic:
Article Abstract:
Payments in lieu of notice are a common occurrence when dealing with employment in the UK. However, the nature of payments and the legal issues connected with payments are not always understood. Four related situations are presented to illustrate what can happen when an employer fails to provide contractual notice to an employee. Included in the presentation are discussions of a variety of related court cases including: Logan Salton v. Durham County Council and Jackson v. Foster Wheeler (London) Ltd.
User Contributions:
Comment about this article or add new information about this topic: