William Maitland wrote:
3. Who will be affected by the new legislation?
The legislation applies to “undertakings”. These are defined in the Directive and the Regulations as “a public or private undertaking carrying out an economic activity, whether or not operating for gain”. In terms of companies, DTI believes this means a separately incorporated legal entity (which would have its own shareholders and, in the case of British companies, a unique registration number at Companies House), as distinct from say an organisational entity such as an establishment, division or business unit of a company. It would also include partnerships, co-operatives, mutuals, building societies, friendly societies, associations, trade unions, charities and individuals who are employers – if they carry out an economic activity. It may also include schools, colleges, universities, NHS trusts, and Government bodies (both central and local), again if they carry out an economic activity. Ultimately it is a matter for the courts to decide (in the first instance, the Central Arbitration Committee), on a case-by-case basis, whether an organisation is carrying out an economic activity.
So tell me JD, why could this not apply to taxis in Edinburgh or anywhere else for that matter, why does the thought that the people who work and invest in a business be able to have some input and be consulted about the plans for that business worry you so much.
Sometimes I wonder about you William? You don't understand the directive do you? You just looked at two words and take them out of context because you fail to understand the other two thousand words.
This directive is specificaly about
Employer consultation with their employees. Who employs you William? Who Employs me? Not the council and not any trade union or association.
You better read that passage again and look carefully at the words "Employer". and "if they carry out an economic activity". I really am getting pizzed off at people like you who don't know their azz from their elbow.
I suspect you think the Council or perhaps the Government is your employer, do you? What will you do when the council turn around and say we are very sorry Mr Maitland but we only issue licenses we do not employ taxi drivers?
Have a look at this William.
* From 6 April 2005 employees in organisations with 150 or more employees have a right to be informed and consulted on a regular basis about issues in the organisation they work for. Organisations with 100 or more employees will come within the scope of the legislation in April 2007, and ones with 50 or more employees in April 2008.
Do you run an organisation with a large number of Employees William? Then if so they will be able to request from you that you enter into an I & C. Just in case you don't know what an I & C is the DTI spell it out quite clearly.
1. What is “information and consultation”?
It is about on-going dialogue with the workforce so that employees are kept up-to-date about significant developments in the workplace. It is more than simply providing information. Consultation means employees have the chance to express an opinion about particular issues, and employers genuinely and conscientiously consider and respond to their views. Informing and consulting can take place through employee representatives, directly with the employees, or through a combination of both methods. However, informing and consulting is different to negotiation, collective bargaining or joint decision-making. Decisions remain the responsibility of management.
Does the word "employees" resonate with you William? Of course it does. Are you employed by the council? Of course your not? is anyone in the Taxi trade employed by the council? of course they are not? Do you understand the difference between employee and employer? Do you acknowledge that this directive is one which specificaly states employee and employer?
You better read that passage again because we can all see the two words that you are hung up on, however the reference is to Associations and trade uniions who are
"employers" and not what you infer.
Perhaps you should discard your tunnel vision and look at the directive and what it actually says not what you would like it to say?
Did you find this directive all by yourself or did some bright spark introduced you to it? If you were introduced to it by an associate then in future you might wish to think twice before accepting what they say as gospel.
Regards
JD