But TUPE only protects employment rights. It is not designed to enhance them. So the transferee was only obliged to meet the enhancement until normal retirement age, and not thereafter.
FIRST EMPLOYER IN NORTHERN IRELAND TO BE PROSECUTED UNDER CORPORATE MANSLAUGHTER & CORPORATE HOMICIDE LEGISLATION
16 May 2012
HR Magazine has reported on the case of the JMW Farms case whereby they are the first employer in Northern Ireland to be prosecuted under Corporate Manslaughter and Corporate Homicide legislation and have been fined a record £187,500. They go on to say that JMW Farms was fined a record £187,500, plus £13,000 costs, at Belfast's Laganside Crown Court for health and safety failings that led to the death of 45- year-old employee Robert Wilson. Under the legislation, companies and organisations can be found guilty as a result of serious management failures resulting in a gross breach of a duty of care. The judgement follows a joint investigation by the Police Service of Northern Ireland and and Health and Safety Executive of Northern Ireland investigation into the fatal incident, which took place on a pig farm owned by JMW Farms at Tynan, Co Armagh, on 15 November 2010. Wilson, who was working at the meal-mixing plant on the farm, was killed after being struck by a metal bin which fell off a forklift. The forklift was being driven by Mark Wright, one of the company directors. The investigation revealed that the bin had not been attached or integrated with the forklift. It was also revealed that it was not possible to insert the lifting forks into the sleeves of the bin as the forks were too large and incorrectly spaced. Louis Burns, HSENI acting deputy chief executive, said: "This case highlights the importance of managing health and safety in the workplace and demonstrates the terrible consequences of not doing so. The judgement sends a clear message to the Directors in Northern Ireland, whether of a small or large organisation, that they should take health and safety seriously. This new Corporate Manslaughter legislation clarifies the criminal liabilities of companies where serious failures in the management of health and safety result in a fatality. I would therefore urge anyone with a managerial or a supervisory role to ensure that proper management and control systems are in place to prevent another needless death from occurring." PSNI detective chief inspector, Stephen Wright, added: "This was a joint investigation between the PSNI and the Health and Safety Executive (NI) and should send a clear message that there is no hiding place for anyone that breaks the law. Robert Wilson lost his life as a result of this incident and we hope that this conviction is a stark reminder that legislation is there for a reason. We will continue to work with partner agencies to tackle and address all crime."
PILONS AND AFTER-DISCOVERED CONDUCT
28 May 2012
Is an employer entitled to withhold a payment in lieu of notice if it dismisses an employee under an express term in his service agreement which provides for summary termination with pay in lieu, but later discovers that the employee had committed gross misconduct prior to the dismissal?
No, says the Court of Appeal in Cavanagh v William Evans Ltd .
CIPP Policy News Journal
12/04/2013, Page 45 of 362
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