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aus+uk / uk.railway / Re: OT: P&O 'redundancies'

Re: OT: P&O 'redundancies'

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From: recliner...@gmail.com (Recliner)
Newsgroups: uk.railway
Subject: Re: OT: P&O 'redundancies'
Message-ID: <f4ro3h1873vtfsdklea64bjegm68oslvrc@4ax.com>
References: <5c073h91a1k8rci0ohto3jh21nqhvl7vkf@4ax.com> <t10ec1$usp$2@dont-email.me> <t10evp$bmp$1@dont-email.me> <rIev05nesFNiFA$w@perry.uk> <vfn93ht458v0pgelqfc48fml95nruagh0k@4ax.com> <unbe3hpbl459jm9ev2nmgu9rl5m2lt564i@4ax.com> <u47g3htpnb2r4okhdf5it1bd8g4bqctmhu@4ax.com> <i8gg3h5hi0mchufqcmffibd6l8sadv8fva@4ax.com> <1v3i3hdo2fkgoupu64n4ls8nit5d133vg3@4ax.com> <t1fqk3$13lq$1@gioia.aioe.org> <l4um3h9e20frip9pkjoihrt8eb2tn4kup1@4ax.com> <gfio3h147u3hlhkrk8qdv29f3j4lp5613r@4ax.com>
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Date: Thu, 24 Mar 2022 13:13:18 +0000
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 by: Recliner - Thu, 24 Mar 2022 13:13 UTC

On Thu, 24 Mar 2022 10:38:37 +0000, Scott <newsgroups@gefion.myzen.co.uk> wrote:

>On Wed, 23 Mar 2022 20:02:30 +0000, Charles Ellson
><charlesellson@btinternet.com> wrote:
>
>>On Wed, 23 Mar 2022 18:58:11 +0000, "hounslow3@yahoo.co.uk"
>><hounslow3@yahoo.co.uk> wrote:
>>
>>>On 21/03/2022 23:56, Charles Ellson wrote:
>>>> 4On Mon, 21 Mar 2022 09:14:38 +0000, Scott
>>>> <newsgroups@gefion.myzen.co.uk> wrote:
>>>>
>>>>> On Mon, 21 Mar 2022 06:39:33 +0000, Charles Ellson
>>>>> <charlesellson@btinternet.com> wrote:
>>>>>
>>>>>> On Sun, 20 Mar 2022 13:41:43 +0000, Scott
>>>>>> <newsgroups@gefion.myzen.co.uk> wrote:
>>>>>>
>>>>>>> On Fri, 18 Mar 2022 19:36:49 +0000, Charles Ellson
>>>>>>> <charlesellson@btinternet.com> wrote:
>>>>>>>
>>>>>>>> On Fri, 18 Mar 2022 10:12:46 +0000, Roland Perry <roland@perry.co.uk>
>>>>>>>> wrote:
>>>>>>>>
>>>>>>>>> In message <t10evp$bmp$1@dont-email.me>, at 23:07:37 on Thu, 17 Mar
>>>>>>>>> 2022, Recliner <recliner.usenet@gmail.com> remarked:
>>>>>>>>>> Bevan Price <bevanprice666@gmail.com> wrote:
>>>>>>>>>>> On 17/03/2022 18:46, Scott wrote:
>>>>>>>>>>>> On Thu, 17 Mar 2022 18:36:25 -0000 (UTC), Recliner
>>>>>>>>>>>> <recliner.usenet@gmail.com> wrote:
>>>>>>>>>>>>
>>>>>>>>>>>>> Scott <newsgroups@gefion.myzen.co.uk> wrote:
>>>>>>>>>>>>>> On Thu, 17 Mar 2022 17:34:40 -0000 (UTC), Recliner
>>>>>>>>>>>>>> <recliner.usenet@gmail.com> wrote:
>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> Scott <newsgroups@gefion.myzen.co.uk> wrote:
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> https://www.bbc.co.uk/news/business-60779001
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> How can P&O dismiss 800 staff and replace them with overseas workers?
>>>>>>>>>>>>>>>> I thought any dismissal was either (a) due to misconduct, (b) unfair
>>>>>>>>>>>>>>>> or (c) redundancy. I thought redundancy only applied where the job no
>>>>>>>>>>>>>>>> longer existed. If P&O appoint replacement staff, does this not imply
>>>>>>>>>>>>>>>> that the job role continues to exist thereby making all the dismissals
>>>>>>>>>>>>>>>> unfair? Will P&O not be tied up in litigation for years to come?
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> I suppose there's some complex web of ownership. P&O is a Dubai-owned
>>>>>>>>>>>>>>> company, and the crew are probably employed by a non-UK company that has
>>>>>>>>>>>>>>> perhaps lost its contract to supply staff to the line? The
>>>>>>>>>>>>>>> parent company
>>>>>>>>>>>>>>> may simply have awarded the crew supply contract to a different agency.
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> In that case. what about TUPE? Would existing employees not be
>>>>>>>>>>>>>> entitled to remain on existing their terms and conditions?
>>>>>>>>>>>>>
>>>>>>>>>>>>> Does that apply to a foreign-owned ship not on the UK registry?
>>>>>>>>>>>>>
>>>>>>>>>>>> I don't think the ship is the employer. If the shipowner is non-UK
>>>>>>>>>>>> this would raise a number of interesting questions. Do the seamen pay
>>>>>>>>>>>> Income Tax?
>>>>>>>>>>>
>>>>>>>>>>> Anyone who resides in UK is normally supposed to pay UK taxes.
>>>>>>>>>>
>>>>>>>>>> Yes, regardless of where their employer or customer is based.
>>>>>>>>>
>>>>>>>>> We are getting into tax law a bit over our heads I think. Over the
>>>>>>>>> years I have known many (mainly IT) contractors who have lived in
>>>>>>>>> to UK and worked for firms based overseas. It's most unlikely their
>>>>>>>>> foreign employer was running a UK PAYE scheme for them.
>>>>>>>>>
>>>>>>>>> As well as mutual double tax conventions/treaties (and one exists
>>>>>>>>> UK-Cyprus for example), there's a whole load of special rules for
>>>>>>>>> ex-pats working in the UK but paid from abroad. In any event, the
>>>>>>>>> definition of "resides" has many wrinkles,
>>>>>>>>>
>>>>>>>> "Ordinarily resident" can often be a candidate for the Elephant Test.
>>>>>>>>
>>>>>>>>> and isn't consistent between different bodies of UK law.
>>>>>>>>>
>>>>>>>> There is no UK Law, there are three legal systems not guaranteed to
>>>>>>>> match each other although matters of Civil Law tend not to vary
>>>>>>>> greatly.
>>>>>>>
>>>>>>> And matters of employment law I suggest even less so.
>>>>>>>
>>>>>> The differences can be made where employment law runs along with other
>>>>>> matters such as discrimination or contract law :-
>>>>>> https://www.inhouselawyer.co.uk/legal-briefing/scottish-employment-law-small-but-significant-differences-can-be-a-trap-for-the-unwary/
>>>>>
>>>>> Not sure about discrimination (Equalities Act 2010) but I agree
>>>>> contract law may have an impact .
>>>>>
>>>> Not related to the P&O case but different interpretation in the past
>>>> of what constituted "race" or similar led to e.g. English people being
>>>> protected from discrimination in Scotland but not Scots in England.
>>>
>>>I read an article the other day that some woman was denied a job, even
>>>though doing very well in interviews, based on her Welsh accent.
>>>
>>>That's gotta be actionable.
>>>
>>There can be exceptions if in the particular circumstances the
>>discrimination can be justified. Usually that would be male v. female
>>but there can be various other special cases where e.g. you need a
>>close match between the interviewee and the people they will be
>>potentially dealing with. You could anticipate difficulty with e.g.
>>border staff dealing with a mixture of foreign visitors who might have
>>little/no difficulty communicating with a speaker of "BBC" English but
>>could be totally bamboozled by various dialects or versions of English
>>from around the British Isles.
>
>Would the same apply to an actor playing the part of a white (or
>black) person in a historical drama? A black Queen Victoria could
>cause no end of confusion :-)

There have been some 'colour-blind' productions, where the cast are chosen purely for their artistic ability, not their
race. Needless to say, it's controversial:
<https://www.theguardian.com/tv-and-radio/2020/aug/11/its-dangerous-not-to-see-race-is-colour-blind-casting-all-its-cracked-up-to-be>

One oddity in Britain is that historical dramas are hardy perennials, and these provide very few legitimate roles for
non-white actors. Consequently, the many fine black British actors are short of work, and quite a few have moved to the
US, where their better British training helps them win many American roles in preference to African-American actors. It
seems that black British actors are better at learning authentic American accents than Americans are at learning to act.
Needless to say, African-American actors are pissed off at losing roles to the influx of black British actors.

SubjectRepliesAuthor
o OT: P&O 'redundancies'

By: Recliner on Thu, 17 Mar 2022

60Recliner
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