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Wednesday, 13 June 2012

Klutz of the day

You can tell how an iundependent Scotland would be run by the calibre of the people running Scottish businesses, siuch as the banks and its larger football clubs.  In both cases, downright appalling. Considering how easy it is for the top 2 clubs to stay in business with the almost hitherto guaranteed dose of Euro TV money, it takes a real incompetent to put one of them out of business,.

But it seems another kilted-know-nothing is lining up to set up a new Glasgow Rangers, and this particular numbskull thinks he can force the existing Rangers players to play for his new club under the TUPE rules.

Not so fast, Mr Green.  The TUPE rules are their to protect employees' rights not to allow employers to coerce them into working for them.

As a general rule it is not legal to assign, sell or transfer an employment contract (i.e. McDonalds can’rt just package up all the employment contracts of all their staff and sell them to KFC). This is because to do so could amount to trading in people (i.e. slavery or indentures) which as a civilised person we do not do.

The exception to this is when a business, but not a company, is sold or even where a company or organisation stops doing something and a new party takes over the operation. In those circumstances it seems reasonable that the employees can expect that they will be transferred with the business so that they keep their jobs, and to the maximum extent possible keep their terms and conditions of employment.

But since it would be unreasonable to expect every employee would always want to work for the new employee, the law gives them the right to opt out. But it never made it legal for employers to sell their staff in other circumstances. But when the putative transferor is insolvent TUPE does not apply, so while the employee gets no protection from TUPE, but the transfer of the contract would not be binding on the employee. without consent. It simply lapses when the transferor is liquidated.

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