Direct and Care
Glasgow readers have been in touch about the planned transfer of Direct and Care employees to Cordia - see post dated 1 March 2009.
Apparently, parts of the workforce are being asked to reduce the hours that they currently work - in return for which the council will compensate people for their 'lost' hours - in some kind of crazy, ill-defined 'buy-out' scheme.
Sounds mad - but then lots of mad things happen in Glasgow these days.
In any event, the position is quite clear under the TUPE regulations - all contracts must transfer intact to the incoming employer - in this case Cordia.
In turn, Cordia must respect people's contracts of employment - the company cannot tear them up or start interfering with contractual terms that have been agreed with Direct and Care.
Otherwise Glasgow city council's newest arm's length company will fall foul of the TUPE regulations - which are there to protect the interests of the workforce.
All of these issues should, of course, be resolved prior to any transfer going ahead.
If the consultation promised by the council is inadequate or is not taking place - the unions can complain and stop the process in its tracks.
So, the 9,000 people due to transfer to Cordia should be kicking up a fuss - they should also consider registering an equal pay claim to protect their interests.
Apparently, parts of the workforce are being asked to reduce the hours that they currently work - in return for which the council will compensate people for their 'lost' hours - in some kind of crazy, ill-defined 'buy-out' scheme.
Sounds mad - but then lots of mad things happen in Glasgow these days.
In any event, the position is quite clear under the TUPE regulations - all contracts must transfer intact to the incoming employer - in this case Cordia.
In turn, Cordia must respect people's contracts of employment - the company cannot tear them up or start interfering with contractual terms that have been agreed with Direct and Care.
Otherwise Glasgow city council's newest arm's length company will fall foul of the TUPE regulations - which are there to protect the interests of the workforce.
All of these issues should, of course, be resolved prior to any transfer going ahead.
If the consultation promised by the council is inadequate or is not taking place - the unions can complain and stop the process in its tracks.
So, the 9,000 people due to transfer to Cordia should be kicking up a fuss - they should also consider registering an equal pay claim to protect their interests.
