This title was first published in 2000: This volume discusses the impact of the transfer of undertakings regime upon the public sector, particularly focusing on the interaction between the protection of employee rights and the restructuring and modernization of public services. The crux of the book is the interaction of market-led policies in the public sector, such as compulsory competitive tendering, best value and the PFI, with the protection of employee rights on the transfer of imployment. It considers the evolving law on the scope of a relevant transfer under the European Acquired Rights Directive and the TUPE regulations, before reviewing the present stte of the law on dismissals, variation of terms, pensions and employee consultation in transfer-related situations. The book incorporates consideration of the text of the 1998 revision of the Acquired Rights Directive.
"When a business is sold by one employer to another, or the responsibility for providing a service transfers from one employer to another, what happens to the dedicated workforce? Do the employees concerned have the right to work for the new employer? And if so, do they retain the contractual and other employment rights that they enjoyed prior to the transfer, or is the new employer entitled to vary their contracts in order to harmonise their terms and conditions with those of any existing employees? These are the main issues with which the Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 (TUPE) - the focus of this Handbook - are concerned."--Back cover.
In the public sector at the moment resources are scarce - or at the very least finite and limited - how they are allocated is therefore of crucial importance. This book analyses this process and examines the competing values that underlie the public service ethic, including the role of markets and quasi-markets, in the delivery of public services. Topics discussed include: * whether people should be denied the public services they need because public bodies are short of money * what balance we should strike between markets and public organisations to provide public services * whether the use of markets has gone too far and whether we need to return to a public service ethic
What determines the allocation of resources in the public sector? This book examines the competing values that underlie the public service ethic including the role of markets and quasi-markets.
Successive UK governments have pursued ambitious programmes of private sector competition in public services that they promise will deliver cheaper, higher quality services, but not at the expense of public sector workers. The public procurement rules (most significantly Directive 2004/18/EC) often provide the legal framework within which the Government must deliver on its promises. This book goes behind the operation of these rules and explores their interaction with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE); regulations that were intended to offer workers protection when their employer is restructuring his business. The practical effectiveness of both sources of regulation is critiqued from a social protection perspective by reference to empirical findings from a case study of the competitive tendering exercise for management of HMP Birmingham that was held by the National Offender Management Service (NOMS) between 2009 and 2011. Overall, the book challenges the Government's portrayal of competition policies as self-evident sources of improvement for public services. It highlights the damage that can be caused by competitive processes to social capital and the organisational, cultural and employment strengths of public services. Its main conclusions are that prison privatisation processes are driven by procedure rather than aims and outcomes and that the complexity of the public procurement rules, coupled with inadequate commissioning expertise and organisational planning, can result in the production of contracts that lack aspiration and are insufficiently focused upon improvement or social sustainability. In sum, the book casts doubt upon the desirability and suitability of using competition as a policy mechanism to improve public services.
This new edition has been updated to take account of legislative and other developments including the Age Discrimination 2006 Regulations, the Corporate Manslaughter and Corporate Homicide Act 2007, the changes to dispute resolution procedures, and the impact of the Work and Families Act 2006.
All over the world a different kind of labour law is in the process of formation; in Gramsci's phrase, this is an interregnum when the old is dying and the new is struggling to be born. This book, to which an internationally distinguished group of scholars has contributed, examines the future of labour law from a wide variety of perspectives. Issues covered include the ideology of New Labour law; the employment relationship; the public/private divide; termination of employment; equality law; corporate governance; collective bargaining; workers' participation; strikes; international labour standards; the role of EU law; the EU Charter of Fundamental Rights; labour law and development in Southern Africa; and the impact of globalisation. The essays are written in honour of the outstanding labour lawyer Professor Sir Bob Hepple QC, who has contributed to so many areas of this dynamic field.
This second volume of The Official History of the British Civil Service explores the radical restructuring of the Civil Service that took place during the Thatcher and Major premierships from 1982 until 1997, after a period of confusion and disagreement about its future direction. The book brings a much-needed historical perspective to the development of the ‘new public management’, in which the UK was a world-leader, and considers difficult questions about the quality of democratic governance in Britain and the constitutional position of its Civil Service. Based on extensive research using government papers and interviews with leading participants, it concentrates on attempts to reform the Civil Service from the centre. In doing so, it has important lessons to offer all those, both inside and outside the UK, seeking to improve the quality, efficiency and accountability of democratic governance. Particular light is shed on the origins of such current concerns as: The role of special advisers The need for a Prime Minister’s Department The search for cost efficiency Accountability to Parliament and its Select Committees Civil Service policy-making capacity and implementation capability. This book will be of much interest to students of British history, government and politics, and public administration.
This is the 11th report from the Public Administration Select Committee (HCP 112-I, session 2007-08, ISBN 9780215521545) and focuses on public services and the third sector. Third sector organisations include charities and not-for-profit organisations as well as social enterprises. Government has been commissioning more public service deliveries from such organisations and the Committee, in this report, seeks to assess the impact of that policy approach, looking at the effects both on government and the service users as well as the public at large. The main claim for the use of third sector delivery service is that they can deliver a distinctive service that will improve the outcomes for service users. The Committee could not find evidence to corroborate that claim and believes that the Government's priority ought to be a greater understanding of the needs of the users of particular services and then identifying the organisation best placed to fulfil such services. The Committee believes such appointments should be based on merit as established through the tendering process but that importance lies with the commissioning authorities designing service specifications which play to the strengths of the best placed organisations. The Committee further states that "intelligent commissioning" is key, and that judgements about the use of a contract or grants, the importance of price on who wins the contract and whether there is scope for innovative methods of service delivery are important in getting the best result. The Committee also identified risks, and that it is important users of such services should not be affected whether a service is provided directly by the State or contracted out and that the Human Rights Act (PGA 1998. Chp. 42, ISBN 9780105442981) and the Freedom of Information Act (PGA 2000 Chp. 36, ISBN 9780105436003) should be extended to cover all organisations providing public service. For Volume 2, oral and written evidence, see (HCP 112-II, ISBN 9780215521552).
