Podcast Location:
Download it here [file size: 24.8 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two part CPDcast series aims to examine the obligations to inform and consult elected representatives or recognised trade unions.

Outcomes:
After completing the course you will:
  • Understand what the ARD scheme entails;
  • Appreciate that the consultation must take place with a view to reaching an agreement;
  • Know what the regulations say about affected employees;
  • Know whether it is restricted to transferring employees;
  • Know whether there is a maximum or minimum number of employees involved in these obligations;
  • Understand who has the responsibility to inform and consult;
  • Know what information should be given to representatives;
  • Appreciate the requirements of the 1981 Transfer Regulations;
  • Know how the word 'envisaged' is defined;
  • Appreciate that the information has to include the 'legal, economic and social implications';
  • Know how the word 'measures' has been defined;
  • Know what form the information must take;
  • Know when the information should be delivered;
  • Understand what happened in the case of Hagen;
  • Know the essential elements of a consultation;
  • Appreciate the comments of the European Court on this issue.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legislative Updates
Practical Guide
Procedural
Sources and References:
  • Council Directive 2001/23/EC;
  • Community Charter of the Fundamental Social Rights of Workers;
  • The London Borough of Lambeth v (1) UCATT and (2) AEEU [1997] UKEAT 115_96_0302;
  • Unison v Somerset County Council and Others [2010] IRLR 207;
  • Dines v Initial Health Care Services [1994] IRLR 336;
  • Print Factory (London) 1991 Ltd v Millam [2007] IRLR 526;
  • Institution of Professional Civil Servants v Secretary of State for Defence [1987] IRLR 373;
  • Cable Realisations Ltd v GMB Northern [2010] IRLR 42;
  • Hagen v ICI Chemicals and Polymers [2002] IRLR 31;
  • Royal Mail Group Limited v Communications Workers Union [2009] IRLR 108;
  • R v Gwent County Council ex parte Bryant [1988] Crown Office Digest 19 HC;
  • R v British Coal Corporation and Secretary of State for Trade and Industry ex parte Price and Others [1994] IRLR 72;
  • Junk v Kuhnel [2005] IRLR 310.

In this two-part CPDcast series Stephen Levinson, a Partner at RadcliffesleBrasseur, discusses the obligations to inform and consult elected representatives or recognised trade unions.

In part one he discusses affected employees and who has the responsibility to inform and consult. He also examines the information that needs to be given to representatives and the consultation process.

In part 2 he continues looking at the consultation process and explains who must be informed and consulted. He also discusses special circumstances, remedies, compensation, joint and several liability and concludes the series by analysing overlap situations.

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