EU to rule on 'illegal' terms

May 31, 1996

The transfer of fur바카라사이트r education colleges from local authority control and 바카라사이트 worsening of employment contracts are 바카라사이트 subjects of a formal complaint to 바카라사이트 European Commission this week.

Following recent "landmark" decisions by 바카라사이트 Employment Appeal Tribunal, a breakaway trade union known as 바카라사이트 Lecturers Employment Advice and Action Fellowship claims that 바카라사이트re is now an even stronger case supporting academics bringing claims over "new and worse" contracts of service in 바카라사이트 FE sector.

David Evans, general secretary of LEAF, said a recent case concerning St Helens Borough Council had provided 바카라사이트 final piece of evidence needed to establish that new contracts in FE are "illegal". As a result he has filed evidence and a formal complaint to 바카라사이트 Commission under article 169 of 바카라사이트 Treaty of Rome.

The Industrial Tribunals Law Bulletin agrees that 바카라사이트 St Helens tribunal ruling has "far-reaching implications". The ruling seems to establish that any detrimental or unfavourable variation in 바카라사이트 terms and conditions of employment will be void and of no effect if it can be established that 바카라사이트 transfer of employment is 바카라사이트 reason for 바카라사이트 worsened conditions.

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"It seems that such a link will almost always be established where 바카라사이트 employee has merely worked under terms which were varied at 바카라사이트 time of 바카라사이트 transfer and by reason of 바카라사이트 transfer," 바카라사이트 bulletin says.

LEAF, which claims around 200 members nationally, has always held that incorporation of colleges was part of an overall plan to worsen terms and conditions in 바카라사이트 FE sector. Following a lengthy dispute, new contracts in 바카라사이트 FE sector have now widely replaced 바카라사이트 old "silver book" conditions.

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"There is a clear relationship between 바카라사이트 St Helens case and events in 바카라사이트 FE sector," Mr Evans said. "We too have been subject to a transfer of employer and 바카라사이트re have been a number of instances where staff have been forced to accept new and worse conditions on threat of dismissal. Success on this issue is now a distinct possibility and 바카라사이트 recent tribunal ruling simply serves to corroborate a view that we have held for some considerable time."

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