Name: |
Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 (S.I. No. 2587 of 1995). |
Country: |
United Kingdom |
Subject(s): |
Freedom of association, collective bargaining and industrial relations |
Type of legislation: |
Regulation, Decree, Ordinance |
Adopted on: |
1995-10-02 |
Entry into force: |
|
Published on: |
Printed separately, 9 p.
|
ISN: |
GBR-1995-R-41969 |
Link: |
https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=41969&p_lang=en |
Bibliography: |
Printed separately, 9 p.
|
Abstract/Citation: |
Apart from regulation 8, the Regulations are made in consequence of the judgement of the European Court of Justice in cases C382/92 and C383/92, Commission of the European Communities vs the UK, ([1994] I.C.R. 664) in which the Court held that the UK had failed to comply with the requirements of Directives 77/187 (OJ No. 1977 L61/26) and 75/129 (OJ No. 1975 L 48/29) by failing to provide for consultation of workers' representatives where there was no recognised trade union. The Regulations require the employer to consult either elected representatives of the employees or representatives of a recognised trade union where there are to be redundancies or a transfer of the undertaking. The Regulations also provide protection for elected representatives against dismissal and against being subjected to any other detriment and confer on them a right to time off with pay to carry out their functions. |