Brexit, for once some facts.

[oyster]

Speaking of chickens hovering instead of coming home to roost, I wonder what has happen to Sue Gray's report into Boris Johnson's "partygate"?

And indeed the Metropolitan Police investigation into it. It seems they are too busy catching those they've already caught, since they are now charging Wayne Cousins, the Met Police officer who murdered Sarah Everard, with six counts of indecent exposure in the same area.

Given that he is already serving a whole life sentence with no possibility of ever being released, what is the point, apart from making their crime clear up figures look slightly better?
.

Just the other day, Raab was going on about reducing the enormous list of criminal cases awaiting hearings. They could certainly put this at the end of the list.

There just might be another reason, though, which is to undermine any possibility of an appeal for his current offences being heard, or (worse) being successful.

 

[flecc]

There just might be another reason, though, which is to undermine any possibility of an appeal for his current offences being heard, or (worse) being successful.

The investigation of his case exposed so many instances of his appalling behaviour over time in the force, including sexual, that I doubt any appeal could be successful, or that further charges were necessary.

I think these further six charges are probably the Met mistakenly trying to look better after the event, since they have been held in such low esteem recently by public and parliament.
.

 

[oyster]

This afternoon we went to a beach to say goodbye to our next-door neighbour. He died in December, and we have been waiting for our own health issues to reduce, and the weather to be pleasant.

Put his ashes into a small hollow we dug out, then covered with sand. Made some markings in the sand and watched as the turning tide came in and washed them away.

We had promised throughout most of last year that we would take him to this beach. Today that promise was kept.

Photo below was half an hour later, and from a vantage point.

 

[Danidl]

If UK law is not applicable, then EU law must be. You can't say that no law applies because they cross an international border.

I think you miss my point. when the UK was part of the EU, trips between different parts of the union, would arguable not be international ., and EU law would apply. All the seafarers would be subject to EU rules of employment. There was a huge case over this with Ryanair a decade ago.
Just like say the Caledonian ferries to the Shetlands operates under UK law. Now that the UK has left they can make the argument that they are a third country outside the EU and international maritime rules and law and payrates apply. .. indeed that is the argument they have advanced today.
However they cannot use that argument on the Larne Route. which is totally within the UK.

 

[oyster]

I think you miss my point. when the UK was part of the EU, trips between different parts of the union, would arguable not be international ., and EU law would apply. All the seafarers would be subject to EU rules of employment. There was a huge case over this with Ryanair a decade ago.
Just like say the Caledonian ferries to the Shetlands operates under UK law. Now that the UK has left they can make the argument that they are a third country outside the EU and international maritime rules and law and payrates apply. .. indeed that is the argument they have advanced today.
However they cannot use that argument on the Larne Route. which is totally within the UK.

I entirely understood.

My point was quite simply that they cannot ignore the law in both the EU and the UK. The ships don't, in general, go out of territorial waters on cross-channel routes.

 

[Woosh]

I entirely understood.

My point was quite simply that they cannot ignore the law in both the EU and the UK. The ships don't, in general, go out of territorial waters on cross-channel routes.

I think firing people is not illegal. The only negotiating point is the amount of compensation which is subjected to the employment contracts and usually higher than the legal amount which is capped at about £16,000.

 

[oyster]

I think firing people is not illegal. The only negotiating point is the amount of compensation which is subjected to the employment contracts and usually higher than the legal amount which is capped at about £16,000.

Firing isn't illegal.

Not so. There is an absolute requirement for them to notify before firing 100+ people. That isn't a negotiating point. It is statute.

 

[Woosh]

Firing isn't illegal.

Not so. There is an absolute requirement for them to notify before firing 100+ people. That isn't a negotiating point. It is statute.

the notification period is added in the compensation.
It's not illegal to tell people that they are fired and don't have to turn up for work, lock them out of the gates without negotiation.
It's totally heartless but the bosses can do that by text or zoom call.

 

[oyster]

the notification period is added in the compensation.
It's not illegal to tell people that they are fired and don't have to turn up for work, lock them out of the gates without negotiation.
It's totally heartless but the bosses can do that by text or zoom call.

You are totally ignoring this:

The minimum periods for notification and consultation are:

• between 20 to 99 redundancies at one of your establishments, the minimum period is 30 days before the first dismissal
• 100 or more redundancies at one of your establishments, the minimum period is 45 days before the first dismissal

You must notify us at least 30 or 45 days (depending on the number of dismissals) before the first dismissal and before you issue any individual notices of dismissal.

Advance notification of redundancies: guidance for employers

www.gov.uk

There are considerable penalties for not doing this.

This is separate to informing the individuals. If P&O were trying to act legally, they should have set the termination of employment into the future.

Yes, P&O also have to effectively pay the staff for the equivalent of the notice period required.

 

[Woosh]

Yes, P&O also have to effectively pay the staff for the equivalent of the notice period required.

that is agreed.

There are considerable penalties for not doing this.

I have not seen any case where companies firing people have been punished for lack of notification.

 

[oyster]

that is agreed.

I have not seen any case where companies firing people have been punished for lack of notification.

This is one occasion:

UK Administrators criminally liable for failure to notify Secretary of State of collective redundancies

www.taylorwessing.com

And the court permitted it to be treated as criminal - not just civil.

 

[Danidl]

the notification period is added in the compensation.
It's not illegal to tell people that they are fired and don't have to turn up for work, lock them out of the gates without negotiation.
It's totally heartless but the bosses can do that by text or zoom call.

It is the concept of redundancy, to which I am referring. A person can be terminated if there is no work for them to do.. But that is manifestly false if you have other people lined up to do the same job. A job is a property right ,and removing a person from one is a tort. .. Many times that action is justified, but it is still an action regulated by courts.

 

[oyster]

It is the concept of redundancy, to which I am referring. A person can be terminated if there is no work for them to do.. But that is manifestly false if you have other people lined up to do the same job. A job is a property right ,and removing a person from one is a tort. .. Many times that action is justified, but it is still an action regulated by courts.

But you cannot get rid of hundreds in one go without breaking the law (possibly criminal as well as civil) - which potentially asks whether the redundancy itself is legal.

 

[oldgroaner]

The Stirling Engine at last makes a comeback!

 

[Woosh]

This is one occasion:

UK Administrators criminally liable for failure to notify Secretary of State of collective redundancies

www.taylorwessing.com

And the court permitted it to be treated as criminal - not just civil.

I read somewhere that the dft knows about this Friday last week but didn't do anything about it then

 

[oyster]

I read somewhere that the dft knows about this Friday last week but didn't do anything about it then

What I saw was just Wednesday - the day before. But by now there could be reports of earlier notice.

Either way, the PM's spokesperson gave out a lie.

 

[oldgroaner]

This afternoon Soyuz MS21 mission will launch to dock with the ISS, carrying for the first time an all Russian three man crew. In the lead a veteran of the station who has spent altogether over a year in space, the other two first time cosmonauts. This was planned late last year long before the Ukraine conflict so it doesn't appear to have any political implication.

However the head of Roscosmos has issued a statement saying Russia is considering pulling out of supporting the ISS in future.
.

And the three Russians arrived wearing Blue and Yellow suits!

 

[oldgroaner]

Surely this tweet has to be a joke?

"The Russian bank Tinkoff said it can't issue new cards because it has run out of plastic. This is not a joke "

https://www.reddit.com/r/CloseTheSky2022/comments/tg9cus

 

[oldgroaner]

Thought for the Day

https://twitter.com/i/web/status/1505128613812879368

 

[oyster]

And the three Russians arrived wearing Blue and Yellow suits!

What an amazing coincidence.