EMPLOYMENT LAW LEGALLY PARKED
incoming business make some of the employees redundant and replace them with technology? Perhaps there is less requirement for civil enforcement offi cers (CEOs) due to ANPR (automatic number plate recognition) capability, for example. Is it possible to change these staff members’ employment contracts so that they are in line with existing contracts for the incoming supplier’s staff? Variations might include wanting to have the same payroll date or perhaps paying the transferring staff once a month, rather than weekly. Maybe the incoming provider believes that the staff members were paid too much under the former contract, and its existing operatives receive £1 per hour less than the incoming staff. What are the options? From the employees’ point of view, what happens if they don’t want to transfer to the employment of the new provider? The law is fairly well developed in these areas. Contractual changes by the new provider are now only void if the sole or principal reason for the change is either the transfer itself, or a reason connected with the transfer which is not an economic,
The bid winner cannot simply change the
employment terms of staff because they believe they are overpaid
technical or organisational (ETO) reason entailing changes in the workforce. If the reason for the change is because of technology (such as ANPR), then a redundancy exercise would need to take place and staff may leave because this is an ETO reason. However, an ETO reason does not cover matters such as the incoming supplier being able to fi nd cheaper labour. The bid winner cannot simply change the employment terms of staff because they believe they are overpaid or receive enhanced benefi ts. The only way for the new contractor to change something like this would be to seek employee consent, but in reality, why would an employee agree to detrimental terms? An employee can, of course, refuse to transfer to the incoming supplier. However, they will lose their contractual benefi ts and would be unable to claim unfair dismissal or receive any redundancy payment. The outgoing employer may wish to re-engage the employee at another location in their business, but the period of continuous employment would be broken and a new deal would need to be struck.
Driving Value in Process Improvement
• On-line application processing • Mobile enforcement • Permit processing • Enforcement processing • Internet payments • Appeals and correspondence handling • Pay per use so no up-front costs • You retain all ticket revenue
See how we can help you efficiently manage and enforce your car parking space
Call: 01604 696 800 Visit:
www.workflowdynamic.com or email:
admin@workflowdynamic.com
www.britishparking.co.uk NOVEMBER 2012 27
LJUPCO SMOKOVSKI / SHUTTERSTOCK
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52