Podcast Episode 3 – David Low

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Burghbhoy says: May 2, 2014 at 1:55 pm 1. TUPE law …

Comment on Podcast Episode 3 – David Low by Haywire.

burghbhoy says:
May 2, 2014 at 1:55 pm

1. TUPE law recognises an entity (the “business”/”undertaking”/”economic entity” as they refer to it) that is distinct, and separable from the legal entity and “retains its identity” despite a transfer between legal entities.
2. The Regulations only apply (ie. a TUPE will only occur) in instances where such an entity has been transferred, called a “Relevant Transfer” in the regs.
3. The Rangers/Sevco newco scenario was evidently a “Relevant Transfer”, as a TUPE occurred in that instance, and therefore that business entity – whatever you wish to call it – did indeed transfer to newco, in the eyes of the law at least.

BB: I know that it is some time ago that these machinations occurred, and I thought that I had more or less unscrambled them at the time, but just tell me how you know that a TUPE did actually happen. I do recall that there was a considerable amount of discussion at the time because most folk, including, apparently, a certain chap with big hands, were not aware that the regulations were there to protect the employee if he/she so wished, not for the protection of the employer, Was there some sort of legal statement or not?

Haywire Also Commented

Podcast Episode 3 – David Low
highfibre says:
May 3, 2014 at 9:31 am

Haywire, as far as I am aware (and having been subject to TUPE regulations in the past) if the contracts transferred over to Newco under TUPE regulations, then there would be no “evidence”. The contracts would simply be the same as they were before, only with a different company name on them. If they were different, then TUPE regulations would have been broken. There is no requirement to prove compliance with the regulations or even to acknowledge that they have applied.

Please put this squirrel to bed.

At last – a sensible and informative answer (apart from the bit about the rodent that wanders about in trees). Thank you Highfibre!

However, just watch what you’re saying about that noble animal, the squirrel. My team have a squirrel mascot – his name is Cyril – so there!


Podcast Episode 3 – David Low
I’m sorry to be pedantic about the TUPE issue. I have said before that I have no significant interest in the OCNC debate. However, due to past personal experiences associated with TUPE legislation, I am genuinely interested in knowing whether there is any actual, documentary evidence that Oldco staff transferred to Newco via the TUPE route. I obviously realise that it does have implications for OCNC, but that it not why I am asking. To avoid any blood pressure problems for all our readers, I shall re-assume a somnolent posture and a negative answer unless somebody comes up with something more than, “It must have happened – Charlie said it did!”


Podcast Episode 3 – David Low
Campbellsmoney/Burghbhoy/and others,
I do not wish to labour the point, and I certainly do not wish to be banished to the wastelands of OC/NC, but please tell me what actual published evidence is there that the staff of the previous lot transferred to the new lot through TUPE?


Recent Comments by Haywire

It Is Better To Offer No Excuse Than A Bad One
OK!!  So where are all the green & white charlatans who refer to the second oldest (my) team in Scotland as ‘Ayrshire Rangers’ tonight?  Humble pie anyone?


Launch of SFSA Fans’ Survey
Fellow Bampots,
I posted the message below a couple of days ago.  However, unless I have missed it in a the haze of a red wine mist, I have yet to receive a response.  Now that it would appear that something has stirred (I shall put it no more strongly than that!) at the SPFL, I really, really would like to contact my club and my doubting pals with a detailed list of the various nefarious activities inflicted on Scottish Fitba’ by a combination of the Ibrox shapechangers/SFA/SPL/SPFL/ over recent years – surely somebody has kept a comprehensive list?!

I have signed the various petitions regarding the Rangers/SFA/SPL/SPFL cheating so far, and I shall shortly be filling in the SFSA Survey.  Due to a rather busy diary in the last week or two, I have yet to contact my club, Killie, over the Rank Bajins, but that will also follow. However, I am having some difficulty remembering ALL the various calumnies inflicted on Scottish fitba’ by those permanent embarassments and occasional disgraces at Ibrox and Hampden over twenty years or so. I am aware that some of our bloggers have assembled the opposite of a brownie points list (blue points?) with regard to the miscreants of our game, but am having trouble finding one which is reasonably up to date. Could some kind person point me at a relevant and recent list, please? Regards to all!


Launch of SFSA Fans’ Survey
I have signed the various petitions regarding the Rangers/SFA/SPL/SPFL cheating so far, and I shall shortly be filling in the SFSA Survey.  Due to a rather busy diary in the last week or two, I have yet to contact my club, Killie, over the Rank Bajins, but that will also follow.
However, I am having some difficulty remembering ALL the various calumnies inflicted on Scottish fitba’ by those permanent embarassments and occasional disgraces at Ibrox and Hampden over twenty years or so.
I am aware that some of our bloggers have assembled the opposite of a brownie points list (blue points?) with regard to the miscreants of our game, but am having trouble finding one which is reasonably up to date.
Could some kind person point me at a relevant and recent list, please?
Regards to all!


Time for Scots Government to Take Bull by the Horns
RyanGoslingJuly 20, 2017 at 22:19 
Jimbo you were not as vocal in your support for Scottish representation in Europe when Rangers were (briefly) involved. Neither was anyone else here, somewhat disappointingly. 
—————————————————————————-
Ryan,
That’s probably because another team should have been taking on the might of Progres.  Sevco (why do you keep using that oldco name, by the way) should not have been there due to certain issues around the way they are financed!


Small Price to Pay?
Not often that I set finger to keyboard, but please, please mark Mark C as a Troll.  Playing on whether Rangers are in liquidation (or about to be) illustrates exacty what he is about.  Incredible is also obviously an Ibrox apologist, but does occasionally come up with something sensible.
I should also mention that, following JJ’s incredible mysogyny and comments on the McCanns, etc., I no longer have him on my ‘Favourites’.  Can I ask that nobody contributes to his deplorable blog?
In passing, and as a Killie fan, I shall not be attending any further games with the present ex-Sevco incumbent in charge.  But then again there is also Michael Johnston – the man who refused to accept the will of the Killie faithful regarding the vote to ‘insert’ Sevco into the League.
Hello John Clark – keep up the good work!


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