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first_imgRelated posts:No related photos. Previous Article Next Article Comments are closed. In on the act: Tupe legislationOn 9 Oct 2001 in Personnel Today Our continuing series of quickguides to major employment legislation, which puts key information at yourfingertips and brings you up to date with the latest developments. This weekSarah Lamont, partner at Bevan Ashford, Bristol, looks at the notorious Tupelegislation and the areas within it which are still causing headaches foremployers and lawyers alike. As she explains, the Government’s proposedamendments to Tupe could help address some of the ongoing issuesOneof the most notorious pieces of employment legislation has to be the Transferof Undertakings (Protection of Employment) Regulations 1981 or”Tupe”, as it is known. Tupe was enacted in the UK, with markedreluctance by the Government at the time, to implement the Acquired Rightsdirective, the European legislation on which it is based. Perhaps it is becausethe regulations were introduced at the eleventh hour that it has caused –  and still causes – so much difficulty ininterpretation, or perhaps it is because their application in practice is somuch wider than originally envisaged.  Whatever the reason,there are still a number of areas within Tupe which cause employers and lawyersheadaches. So it has been with interest that the Government’s proposedamendments to the regulations have been awaited and, at last, the Governmenthas issued its consultation paper. This article looks how the proposals mayhelp to address some of the issues within Tupe.  Scope of theregulationsThis is the mostextensively debated and litigated aspect of Tupe. To combat this the Governmentproposes to adopt a definition of a transfer of an undertaking which is, forthe first time, set out in the Acquired Rights directive, which was amended in1998. But also, recognising that this may not be a complete answer, it proposesmeasures in the context of transfers within public administration and wherethere is a change in the service provider in “contracting out” or”outsourcing”.  In the former case theCabinet Office Statement of Practice “Staff Transfers in the PublicSector” (January 2000) will be applied (which in effect encourages partiesto act in accordance with Tupe even where it is not clear it would apply as amatter of law). In the latter case, the Government wishes to consult on whetherand how the regulations should be amended to ensure that changes in serviceprovision are covered.  Occupational pensionsCurrently, even whenTupe applies, an employee is not entitled to the transfer of any pre-existingright to continue active membership of an occupational pension scheme. For public-sectorstaff transferring to the private sector, the Government has for some timetaken the view that such employees should continue to have pension provisionmade for them. Central guidance togovernment departments and local authorities states that the transfereeemployer is generally required to offer transferred employees an occupationalpension scheme which is “broadly comparable” to that afforded by thepublic-sector transferor.  Obviously,however, this has not affected transfers of employees in the private sector.  The Governmentsuggested two approaches: either preserving the current public-sector policy orby amending Tupe to provide some protection for occupational pension rights forboth public- and private-sector staff. The aim is to “strike a balancebetween protecting transferred employees and minimising extra burdens onprivate-sector employers” and it has outlined options for providing alevel of protection through Tupe which are set out in a background paper whichaccompanies the consultation paper. Transfer-connecteddismissalsThere has been someconfusion as to the inter-relationship between regulation 8(1), which makes adismissal automatically unfair where it is connected with a transfer, andregulation 8(2) which provides an exception from this general rule where thereis an “economic, technical or organisational reason entailing changes inthe workforce” (ETO), for the dismissal. Where there is an ETO, the dismissalcan be fair, if the employer has acted reasonably.Some cases suggestedthat regulation 8(1) and regulation 8(2) are mutually exclusive, so that iftransfer is the reason or principal reason for the dismissal, it is notpossible to look then to see whether regulation 8(2) also applied – ie, whetherthere was an ETO justifying the dismissal. The proposal is to clarify thatthese regulations are not mutually exclusive; ETO reasons are a subset ofreasons for a dismissal connected with the transfer. Changes to contractsAnother live issue hasbeen the extent to which changes can be made to the terms and conditions ofemployees affected by a transfer, even where the employee agrees to thechanges.  Again, case law has suggestedthat any such changes are invalid and therefore not binding on the employee whohas purported to agree them. This has caused uncertainty for transferee staffin particular. The Governmentproposes to make it clear that Tupe does not preclude transfer-related changesto terms and conditions where the reason for making the changes is an”economic, technical or organisational reason entailing changes in theworkforce”. But while this comfort is to be welcomed, it may not prove tobe a cure for all ills in the context of changing terms and conditions becauseof the requirement that an ETO must “entail changes to theworkforce”. Case law on ETOs has shown that this will not coverharmonisation of terms and conditions, for example.Toview the proposals, go to: www.dti.gov.uk/er/tupe/consult.htmlast_img read more

first_imgSeptember 10, 2020 /Sports News – Local Prep Sports Roundup: 9/10 Brad James Tags: Roundup Written by FacebookTwitterLinkedInEmailVolleyballRegion 14NEPHI, Utah-Taryn Anderson had eight aces and 17 assists as the Juab Wasps downed American Leadership 3-0 Thursday in Region 14 volleyball action. The Wasps gashed the Eagles 25-17, 25-13 and 25-17 to achieve the straight sets victory.MT. PLEASANT, Utah-The North Sanpete Hawks won a tough five set match over Delta, 3-2 in Region 14 volleyball action Thursday.Non-RegionCOALVILLE, Utah-Thursday, the North Summit Braves stonewalled Millard 3-0 in non-region volleyball action Thursday. The Braves prevailed 25-17, 25-21 and 25-22 to take the straight sets victory.MILFORD, Utah-The Milford Tigers routed Tintic 3-0 Thursday in non-region volleyball action. The Tigers smacked the Miners 25-16, 25-15 and 25-8 for the convincing straight sets victory.ENTERPRISE, Utah-Sofie Shurtliff had 24 kills to lead the Enterprise Wolves to a 3-0 straight set sweep over Gunnison Valley Thursday in non-region volleyball action. Enterprise won 25-13, 25-19, 25-16.Girls Soccer2-A SouthFILLMORE, Utah-Kara Camp amassed a hat trick as the Millard Eagles pounded Gunnison Valley 8-0 in 2-A South girls soccer action Thursday. Audrey Camp and Paige Cummings each scored twice for the Eagles with Kadi Dearden also scoring for Millard. Itzel Munoz and Lucy Freeman combined on the shutout for Millard.BEAVER, Utah-Kaydee Marshall scored for the Beaver Beavers but they were routed by Parowan 12-1 Thursday in 2-A South girls soccer action.Region 14NEPHI, Utah-Breanne Wayman and Sharlie Alder each scored as the Manti Templars waxed Juab 2-0 Thursday in Region 14 girls soccer action. Katie Larsen posted the shutout in victory for Manti.MT. PLEASANT, Utah-Savannah Nielson scored two goals and the Delta Rabbits slipped past North Sanpete 3-2 Thursday in Region 14 girls soccer action. Adi Nielson added a goal in the win for the Rabbits.Girls TennisRegion 12MONROE, Utah-South Sevier earned a hard fought 3-2 win over Grand in Region 12 girls tennis action Thursday. The Rams won in 2nd singles with Gabby Carter 6-3, 6-1; in 1st doubles with Morgan Blackburn & Aubree Robinson 6-1, 6-2; and in 2nd doubles with Presley Chappell & Neleh Troseth 6-1, 6-3.last_img read more

first_img Australian frigates, oiler conclude Malaysia, Philippines visits View post tag: Royal Australian Navy View post tag: HMAS Toowoomba Royal Australian Navy frigates HMAS Anzac and Toowoomba and auxiliary oiler HMAS Success wrapped up port visits to Malaysia and the Philippines, as part of their three month deployment to South East Asia.During the port visit to Subic Bay, Anzac and Success carried out a logistic resupply, as well as local engagements with the Armed Forces of the Philippines and government dignitaries. This was Anzac and Success’ first port visit together during the deployment.In Kota Kinabalu, Toowoomba conducted an official function with Malaysian Armed Forces and local officials before participating in a passage exercise with the Royal Malaysian Navy on departure from the port.Chief of Joint Operations, Vice Admiral David Johnston said the visits provided an opportunity to strengthen our military ties with the Armed Forces of Malaysia and the Philippines.“Our enduring military to military engagement activities contribute to security and stability in the region,” Vice Admiral Johnston said.“We have long-standing relationships with the Armed Forces of Malaysia and the Philippines, and these visits provide a great opportunity to build new friendships.”HMA Ships Anzac, Toowoomba and Success will participate in a series of exercises with nations in the region, including Brunei, Indonesia, Malaysia, Papua New Guinea, the Philippines, Singapore, and Vietnam. View post tag: HMAS Success April 17, 2018center_img Back to overview,Home naval-today Australian frigates, oiler conclude Malaysia, Philippines visits View post tag: HMAS Anzac Authorities Share this articlelast_img read more

first_imgThe now operational fountain in the bicentennial plaza outside the Indiana Statehouse.Photo by Brandon Barger,TheStatehouseFile.com Bicentennial Fountain Spouting Off Once AgainSeptember 3, 2019, By Brandon BargerTheStatehouseFiles.comINDIANAPOLIS—After a long wait, the fountain in the centennial plaza at the Indiana Statehouse is spouting once again.The fountain has been shut off since the winter of 2017, because of a problem with the control panel that worked the lights and the water element. It was originally built as part of the plaza commissioned by then-Gov. Mike Pence for Indiana’s bicentennial in 2016.The fountain includes jets that shoot water into the air and small square lights that are lit up with different colors. The fountain also had a cascading front, which turns the fountain into a reflecting pool when the jets are turned off.Earlier in August, Jill Carnell, the chief administrative officer of the Indiana Department of Administration, said the fountain itself cost $1.1 million and was expected to run annually between April 15 to Oct. 15.Carnell said that it took a while for the IDOA to find contractors that could work on the $46,000 repair job on the fountain.“There were several complex repairs and there are not very many vendors who work on fountains,” she said. “It took a while to figure out the best course of action going forward.”After repairs were completed, the fountain was tested last Thursday and was fully operational on Friday. Carnell was very excited that the fountain was repaired on schedule.“We at IDOA hoped to have the fountain operational by mid to late August, so we were glad to meet that deadline last week,” she said.The fountain is expected to continue flowing until Oct.15.FO(TNOTE: Brandon Barger is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalists.Print Friendly, PDF & EmailFacebookTwitterCopy LinkEmailSharelast_img read more

first_img Chrystal Lee and David Doerner, Norris City, Ill., son, Cassiel William, Dec. 12Ashley and Brandon Schalasky, Evansville, daughter, Margaret Mae, Dec. 13Brandi and Andrew Rollins, Mount Vernon, Ind., son, Carter DeAndrew, Dec. 13Danesha Whitlock, Evansville, daughter, Elysse Anya, Dec. 13Amber and Christian Beuschel, Newburgh, Ind., daughter, Anneliese Lenora, Dec. 13Michelle and Kevin Mulvaney, Haubstadt, Ind., daughter, Addison Rose, Dec. 13Tiffany Beck, Evansville, son, Lathan DeWayne, Dec. 13Haley and Skye Terhune, Evansville, son, Hansen Alexander, Dec. 13Malarie and Ethan Young, Newburgh, Ind., son, Owen Lee, Dec. 15Samantha Page and Robert Gibson Jr., Evansville, daughter, Zoey Nicole, Dec. 15Andrea and Todd Raisor, Evansville, daughter, Michaela Marie, Dec. 16Amanda Nelson, Mount Vernon, Ind., son, Kane Lee, Dec. 16Megan and Jordan Wells, Evansville, daughter, Aria Rey, Dec. 16FacebookTwitterCopy LinkEmailSharelast_img read more

first_imgThe government is planning to double the qualifying period for those employees claiming “unfair dismissal” (currently one year). This means that employees will have to be employed for two years before they can make this type of claim.The government will be adding a simple amendment to the Employment Rights Act 1996, which will come into effect on 6 April 2012. The reasoning behind this is to kick-start the economy, as it believes that employers are discouraged from taking on employees because at the moment they accrue this employment right so quickly. The government thinks that by changing the rules, it will slash the overall number of tribunal cases down by about 2,000 a year, saving employers around £6m per year.However, it has not confirmed whether these rules are going to apply to existing employees we strongly suspect that they will. The government is now committed to cutting “red-tape” for small businesses. So, unless we hear otherwise, assume that this change will affect your current employees.last_img read more

first_imgSource: Lovingly ArtisanThe bakers behind Lovingly Artisan, Aidan Monks and Catherine Connor, have launched an online club to share tips for home baking during lockdown.Called The Baking Club, the Facebook group is designed to be a “happy place” where members can get practical help and advice through articles and interactive meetings, as well as share, encourage and support each other’s baking activities.Here, they will teach home bakers the science behind baking bread to give a thorough understanding of what is happening throughout the process. They’re also sharing insight on how to create the perfect starter, how to use it, as well as kneading, proving and shaping homemade dough, the importance of scoring, and how best to store your finished bread.Recipes covered so far include a white sourdough boule and pizza dough, while advice pieces cover using a Dutch oven, what to do when the dough gets sticky and retarding sourdough.The next Facebook live session is scheduled to take place on Thursday 30 April at 4pm.In 2019, Aidan Monks was named Baker of the Year at British Baker’s Baking Industry Awards. The bakery also took home the title of Bakery Innovation of the Year for its Kombucha Sourdough.last_img read more

first_imgOn Friday night, Umphrey’s McGee opened up their two-night weekend run at Milwaukee, WI’s Riverside Theater. The six-piece prog rock outfit delivered two firey-hot sets, which included fan-favorites and rarities.Umphrey’s McGee opened their first set with a cover of Ween’s “It’s Gonna Be A Long Night”, played for only the second time ever, and the first time since 2008. The band smoothly transitioned into “All In Time”, with Brendan Bayliss and Jake Cinninger trading off ripping guitar solos, anchored by Ryan Stasik, Kris Myers, and Andy Farag’s ferocious rhythm section. Following “Spires”, the band worked their way through “Night Nurse”, which featured a tease of Herbie Hancock’s “Rockit”.Umphrey’s used “Night Nurse” as a launch pad to soar into “In The Kitchen”, with Cinninger absolutely stealing the show on his six-string. “Susanah” was up next, played for the first time since the band’s 2017 Denver Fillmore New Year’s run, a gap of 97 shows. “Intentions Clear” off of 2006’s Safety In Numbers followed “Susanah”, before Umphrey’s landed back into the familiar theme of “All In Time”, bringing the noteworthy first set to a close.Following a brief set break, Umphrey’s McGee returned to open up their second set with “Hindsight”, before moving into a rocking take on “Breaker”, played for only the fifth time ever! Cinninger hopped over to the keyboards as the band moved into “Hurt Bird Bath”, followed by heart takes on “Push The Pig” and a set-closing “Mantis”. Umphrey’s McGee opened up their encore with a cover of Pink Floyd’s “Young Lust”, played for only the third time since 2016. The crowd erupted with applause and UM kept on trucking, seamlessly flowing into “Glory”, as the glorious night came to a close.Listen to an audience recording of last night’s show below:Umphrey’s McGee – 1/25/2019 (Full-Show Audio)[Audio: Michael Frasca]Tonight, Umphrey’s McGee will return to Milwaukee, WI’s Riverside Theater for the second show of their two-night weekend run. For a full list of Umphrey’s McGee’s upcoming tour dates and ticketing information, head to the band’s website.Setlist: Umphrey’s McGee | Riverside Theater | Milwaukee, WI | 1/25/2019Set One: It’s Gonna Be A Long Night > All In Time > Spires, Night Nurse[1] -> In The Kitchen, Susanah, Intentions Clear > All In TimeSet Two: Hindsight, Breaker, Hurt Bird Bath[2], Push the Pig, MantisEncore: Young Lust > Glory[1] with Rockit (Herbie Hancock) tease[2] with Jake on keyslast_img read more

first_img“We will either settle down as a species or completely wreck the planet.”That grim prognostication from esteemed biologist and longtime Harvard professor Edward O. Wilson kicked off his assessment of the problems and possible solutions facing humanity and the many species with which we share planet Earth.Wilson described several problems that collectively result in extinction rates today that are 1,000 times the natural background rate. Overpopulation, overharvesting, habitat destruction, invasive species, and pollution are all taking their toll. With human populations continuing to climb, pressures promise to increase. At the root of those problems is our inability to master our own urges and moderate our grasping for the resources of the natural world. Wilson said humanity is ruled by Paleolithic emotions, is guided by medieval institutions, and is wielding godlike power over the natural world, which he termed a dangerous combination.“The radical reduction in the world’s biodiversity is a folly our descendants will never forgive us for,” Wilson said.Wilson spoke Monday evening (April 5) in Sanders Theatre in the first of three John M. Prather Lectures in Biology, “Biodiversity and the Future of Biology.” The lectures are sponsored by the Department of Organismic and Evolutionary Biology and the Department of Molecular and Cellular Biology. Delivered on consecutive days, they are the most distinguished lectures at Harvard in the biological sciences. The final two are at 4 p.m. in the Science Center and will address “The Superorganism” and “Consilience.”With climate change pointing so much scientific attention toward the planet’s physical world, Wilson cautioned it’s important that the biological world and biodiversity not be forgotten.It’s striking, he said, just how little is actually known about life on Earth. He directed students in the audience toward mycology, the study of fungi, as a field in which they’d be able to make great progress, since so little is known. The world’s roughly 60,000 known fungal species are just a fraction of the estimated 1.5 million. Similarly, he described the study of microscopic life as a veritable “black hole” because so little is known.Life exists from the deepest oceanic depths to the highest mountains, in superheated water from undersea vents and in corrosive runoff from abandoned mines. Life is possible wherever there is water, he said, and so could exist in the buried frosts of Mars, in the suspected oceans of Jupiter’s moon Europa, and on Saturn’s moon Enceladus.Wilson highlighted several efforts to promote biodiversity and knowledge of life on Earth, including the online Encyclopedia of Life, which seeks to document life in a way accessible to all, and a new online library that seeks to make accessible biodiversity-related works in several major libraries.Wilson said he believes that the 21st century will be known as the Century of the Environment and that, despite the ongoing destruction, many people are working to preserve the world’s biodiversity.He promoted a plan to use just one-thousandth of the gross domestic product of all nations to conserve global biodiversity hotspots and large chunks of rainforest. That one-time payment would save half the planet’s species, he suggested.“This is a problem that can be solved,” Wilson said.last_img read more

first_imgBy Allie ByrdUniversity of GeorgiaGeorgians all across the state are getting in shape, eating better and working toward a healthier lifestyle with the help of UGA Cooperative Extension fitness program Walk Georgia. In the spring and fall 2008 programs combined, over 6,000 participants walked their way to better health. Mary Jane Wheeler of Tifton, Ga., participated in both sessions and has lost 50 pounds in the process. “My cholesterol is down by 30 points, and my doctor is pleased with me,” Wheeler says. “I feel better, look better; and I have a whole new, pretty wardrobe.” The 8-week program is designed to increase physical activity and get Georgia residents moving. Participants can form teams with friends, families and co-workers and challenge each other to get fit, or sign up as individuals. Charting a virtual course through the Georgia mountains or down to the coast, participants travel across Georgia by logging their activity online. “My job is mostly sitting at a computer; and I, like everyone else, have a stressful job, which I dealt with by eating comfort foods,” Wheeler says. “I did not participate in any form of exercise and was quite a bit overweight. My cholesterol was 234, and my doctor was threatening to put me on medication.” Now, Wheeler walks every day and says she misses exercise on the days she is not able to walk. She walks about three miles a day six days per week and eats smaller, healthier meals, she says. In addition to walking, activities such as aerobics, biking, jogging and weightlifting can be logged as well. The time spent exercising is translated into miles online as members move around the state virtually. Dee Dee Gaines, Athens-Clarke County wellness coordinator, offered Walk Georgia as part of a county employee wellness initiative. “We promoted the program and were thrilled with the number of employees who participated. It was such an easy program and a great way to encourage exercise,” Gaines says. Gaines says individuals and teams of employees have already been asking when Walk Georgia will start again. “The enthusiasm the program created was wonderful,” Gaines says. “We are ready to get back to logging our activity each day. Bring on Walk Georgia 2009.” The Walk Georgia Spring 2009 session will begin in March. Registration will be open from February 15 to March 9. Participants can begin logging activity on March 1. To register and learn more about the program, visit www.walkgeorgia.org. To contact your local extension office, call 1-800-ASK-UGA1 or visit www.ugaextension.com. (Allie Byrd is a writer with the University of Georgia College of Agricultural and Environmental Sciences.)last_img read more