ABSTRACT

This introduction presents the key concepts discussed in the subsequent chapters of this book. The book focuses on the impact of the Acquired Rights Directive upon the public sector and presents brief analysis of what is meant by that term in this context. In the absence of full implementation in accord with the current interpretation of the directive by the European Court of Justice, an individual upon whom the directive confers unconditional and precise rights may rely, as against the state, upon the provisions of the relevant directive, once the date for implementation has passed. The book examines the scope of a 'relevant transfer' under the Directive and the history and development of compulsory competitive tendering (CCT). It concerns the provision of information to contractors, and looks at dismissals. The book also examines the question of pensions in the context of CCT and also concerns employee consultation and information processes.