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Unlocking Employment Law

Book Description

A new volume in the successful Unlocking the Law series on this fascinating and dynamic area of law, containing the essential recent developments, including the Equality Act 2010. Each chapter opens with aims and objectives and contains activities such as quick quizzes and self-test questions, key facts charts, diagrams to aid learning and numerous headings and sub-headings to make the subject manageable. Features include summaries to check your understanding of each chapter, a glossary of legal terminology, essay questions with answer plans and exam questions with guidance on answering.

All titles in the series follow the same formula and include the same features so students can move easily from one subject to another. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units.

Resources supporting this book are available online at www.unlockingthelaw.co.uk.

 

Table of Contents

  1. Cover
  2. Title
  3. Copyright
  4. Contents
  5. Guide to the book
  6. Acknowledgements
  7. Preface
  8. List of figures
  9. Table of cases
  10. Table of statutes and other instruments
  11. Table of legislation
  12. Table of EU Treaty Articles and legislation
  13. 1 THE ORIGINS OF MODERN EMPLOYMENT LAW
    1. 1.1 The origins of the regulation of employment
      1. 1.1.1 The Statute of Artificers and Apprentices 1562
      2. 1.1.2 The application of the Statute of Artificers and Apprentices 1562 in the eighteenth century
      3. 1.1.3 Developments in the common law in the eighteenth century
    2. 1.2 Changes in conditions of employment in the Industrial Revolution
      1. 1.2.1 Reduction in status of traditional work
      2. 1.2.2 Unemployment and casual employment
      3. 1.2.3 Child labour
      4. 1.2.4 Conclusions
    3. 1.3 Legislation and the development of industrial law in the nineteenth century
      1. 1.3.1 Legislation on employment prior to 1832
      2. 1.3.2 Legislation on employment between the two Reform Acts of 1832 and 1867
      3. 1.3.3 Legislation on employment from 1867
      4. 1.3.4 Comment
    4. 1.4 The common law approach to employment in the nineteenth century
      1. 1.4.1 The 'master servant' relationship
      2. 1.4.2 Employment and the basic rules of contract
      3. 1.4.3 The implied duties of master and servant
      4. 1.4.4 The legal relationship of master and servant and third parties
      5. 1.4.5 The liability of the master for injury to his servant
      6. 1.4.6 Comment
    5. 1.5 Advancements and reductions in modern employment rights
      1. 1.5.1 Advances in employment rights and protections
      2. 1.5.2 Reductions of employee rights and protections
    6. Further reading
  14. 2 THE EFFECTS OF EU MEMBERSHIP ON UK EMPLOYMENT LAW
    1. 2.1 UK membership of the European Union
      1. 2.1.1 Introduction
      2. 2.1.2 The basis of UK membership
    2. 2.2 The supranational legal order of the EU
      1. 2.2.1 EU legal instruments
      2. 2.2.2 Supremacy
      3. 2.2.3 Direct effect, indirect effect and state liability
    3. 2.3 The importance of EU membership to UK employment law
      1. 2.3.1 UK implementation of EU law
      2. 2.3.2 The development of EU labour law
      3. 2.3.3 The effects of EU labour law
    4. Further reading
  15. 3 INSTITUTIONS AND PROCEDURES
    1. 3.1 Courts and tribunals hearing employment disputes
      1. 3.1.1 Employment tribunals
      2. 3.1.2 County Court and High Court
      3. 3.1.3 The Employment Appeal Tribunal
      4. 3.1.4 The Court of Appeal (Civil Division)
      5. 3.1.5 The Supreme Court
      6. 3.1.6 The Court of Justice of the European Union
      7. 3.1.7 Other significant institutions in employment law
    2. 3.2 Employment tribunal procedure
      1. 3.2.1 Time limits
      2. 3.2.2 Originating procedure (bringing a claim)
      3. 3.2.3 Conciliation, settlements and compromise arrangements
      4. 3.2.4 Case management
      5. 3.2.5 Pre-hearing review
      6. 3.2.6 The procedure at the hearing
      7. 3.2.7 Appeals
    3. Further reading
  16. 4 EMPLOYMENT STATUS
    1. 4.1 Introduction
    2. 4.2 Distinguishing between employment and self-employment
      1. 4.2.1 The employment relationship
      2. 4.2.2 The purpose of distinguishing between employment and self-employment
    3. 4.3 Tests of employment status
      1. 4.3.1 Introduction
      2. 4.3.2 The control test
      3. 4.3.3 The integration or organisation test
      4. 4.3.4 The economic reality or multiple test
      5. 4.3.5 The mutuality of obligations test
    4. 4.4 Non-standard categories of work
    5. Sample essay question
    6. Further reading
  17. 5 THE CONTRACT OF EMPLOYMENT
    1. 5.1 Formation of the employment contract
      1. 5.1.1 The form of the contract of employment
      2. 5.1.2 The requirement of writing
      3. 5.1.3 Formalities in the contract
      4. 5.1.4 Minority and the contract of employment
      5. 5.1.5 Illegality and the contract of employment
    2. 5.2 The statutory statement
      1. 5.2.1 The legal status of the statement
      2. 5.2.2 Enforcement of the statement
    3. 5.3 The incorporation of the express terms
      1. 5.3.1 The range and character of express terms
      2. 5.3.2 The significance of the express terms
      3. 5.3.3 Interpreting the express terms
      4. 5.3.4 The advantages and disadvantages of express terms
    4. 5.4 Collective agreements
      1. 5.4.1 The nature of collective agreements
      2. 5.4.2 Express incorporation of collective agreements
      3. 5.4.3 Implied incorporation of collective agreements
      4. 5.4.4 The effect of collective agreements on non-union members
      5. 5.4.5 No strike clauses
      6. 5.4.6 Changing or ending collective agreements
    5. 5.5 Works rules
      1. 5.5.1 The nature and effect of works rules
      2. 5.5.2 The significance of the job description
    6. 5.6 Variation of contractual terms
      1. 5.6.1 Bilateral variations
      2. 5.6.2 Unilateral variations
      3. 5.6.3 Implied variations
    7. Sample essay question
    8. Further reading
  18. 6 GARDEN LEAVE AND RESTRAINT OF TRADE
    1. 6.1 Garden leave clauses
    2. 6.2 Post termination restraint of trade clauses
      1. 6.2.1 The definition and character of restraint of trade clauses
      2. 6.2.2 Interests that can be protected by the employer
      3. 6.2.3 The possible scope of post termination restraints
      4. 6.2.4 Interpreting post termination restraints
      5. 6.2.5 Enforcement and remedies
    3. Sample essay question
    4. Further reading
  19. 7 IMPLIED TERMS
    1. 7.1 The process of implying terms
      1. 7.1.1 The nature of implied terms
      2. 7.1.2 The process of implying terms into contracts
    2. 7.2 The implied duties of employers
      1. 7.2.1 The payment of wages
      2. 7.2.2 The provision of work
      3. 7.2.3 The care of the employee
      4. 7.2.4 The duty to indemnify
      5. 7.2.5 The duty of mutual trust and respect
      6. 7.2.6 The duty of confidentiality
      7. 7.2.7 The duty to deal with grievances promptly
      8. 7.2.8 The giving of references
    3. 7.3 The implied duties of employees
      1. 7.3.1 The duty to obey lawful and reasonable instructions
      2. 7.3.2 The duty to exercise reasonable care and skill
      3. 7.3.3 The duty to adapt
      4. 7.3.4 The duty of faithful service
    4. Sample essay question
    5. Further reading
  20. 8 STATUTORY EMPLOYMENT PROTECTIONS
    1. 8.1 Wages
      1. 8.1.1 The meaning of wages
      2. 8.1.2 Deductions from pay
      3. 8.1.3 The National Minimum Wage
    2. 8.2 Guarantee payments
    3. 8.3 Sickness
      1. 8.3.1 Sick leave
      2. 8.3.2 Medical suspension
      3. 8.3.3 Pay during sick leave
    4. 8.4 Maternity
      1. 8.4.1 Time off for ante-natal care
      2. 8.4.2 Suspension on maternity grounds
      3. 8.4.3 Maternity leave
      4. 8.4.4 Payment during maternity
      5. 8.4.5 Discrimination and dismissal because of pregnancy
    5. 8.5 Other entitlement to leave or time off
      1. 8.5.1 Parental leave
      2. 8.5.2 Paternity leave
      3. 8.5.3 Adoption leave
      4. 8.5.4 Time off for dependant care
      5. 8.5.5 Time off for public duties
    6. Sample essay question
    7. Further reading
  21. 9 PROTECTION FROM DISCRIMINATION: INTRODUCTION (THE EQUALITY ACT 2010)
    1. 9.1 The origins of UK discrimination law
    2. 9.2 The Equality Act 2010 and the protected characteristics
    3. 9.3 The Equality Act 2010 and the areas of prohibited conduct
      1. 9.3.1 Direct discrimination
      2. 9.3.2 Indirect discrimination
      3. 9.3.3 Harassment
      4. 9.3.4 Victimisation
    4. 9.4 Occupational requirement
    5. 9.5 Discrimination in employment
    6. Further reading
  22. 10 PROTECTION FROM DISCRIMINATION (1) EQUAL PAY
    1. 10.1 The origins of equal pay
    2. 10.2 The Equality Act 2010
      1. 10.2.1 The equality clause
      2. 10.2.2 The comparator
      3. 10.2.3 Like work
      4. 10.2.4 Work rated equivalent
      5. 10.2.5 Work of equal value
      6. 10.2.6 Justifications for unequal pay
      7. 10.2.7 Making equal pay claims
      8. 10.2.8 Remedies
    3. 10.3 Article 157 TFEU
      1. 10.3.1 The basic protection
      2. 10.3.2 The definition of pay
      3. 10.3.3 Indirect discrimination and objective justification
    4. Sample essay question
    5. Further reading
  23. 11 PROTECTION FROM DISCRIMINATION (2) SEX DISCRIMINATION
    1. 11.1 The origins and aims of sex discrimination law
    2. 11.2 The different types of sex discrimination
      1. 11.2.1 Direct discrimination
      2. 11.2.2 Indirect discrimination
      3. 11.2.3 Harassment
      4. 11.2.4 Victimisation
    3. 11.3 The situations in which discrimination is prohibited in employment
      1. 11.3.1 Recruitment and selection of staff
      2. 11.3.2 During employment
      3. 11.3.3 On termination of employment
    4. 11.4 Lawful justifications for sex discrimination
    5. 11.5 Discrimination on marital status
    6. Sample essay question
    7. Further reading
  24. 12 PROTECTION FROM DISCRIMINATION (3) RACIAL DISCRIMINATION
    1. 12.1 The origins and aims of race discrimination law
    2. 12.2 The different types of racial discrimination
      1. 12.2.1 Direct discrimination
      2. 12.2.2 Indirect discrimination
      3. 12.2.3 Harassment
      4. 12.2.4 Victimisation
    3. 12.3 The situations in which racial discrimination is prohibited in employment
      1. 12.3.1 Recruitment and selection of staff
      2. 12.3.2 During employment
      3. 12.3.3 On termination of employment
    4. 12.4 Lawful justifications for racial discrimination
    5. Sample essay question
    6. Further reading
  25. 13 PROTECTION FROM DISCRIMINATION (4) DISABILITY DISCRIMINATION
    1. 13.1 The origins of disability discrimination law
    2. 13.2 The Equality Act 2010 and the definition of disability
      1. 13.2.1 Physical or mental impairment
      2. 13.2.2 A substantial or long term effect
      3. 13.2.3 Normal day-to-day activities
    3. 13.3 The Equality Act and the different types of discrimination
      1. 13.3.1 Discrimination arising from disability
      2. 13.3.2 Direct discrimination
      3. 13.3.3 Indirect discrimination
      4. 13.3.4 Harassment
      5. 13.3.5 Victimisation
      6. 13.3.6 Discrimination in employment
    4. 13.4 The duty to make reasonable adjustments
    5. Sample essay question
    6. Further reading
  26. 14 PROTECTION FROM DISCRIMINATION (5) RECENT DEVELOPMENTS IN DISCRIMINATION LAW
    1. 14.1 The background to the wider development of discrimination law
    2. 14.2 Sexual orientation
    3. 14.3 Gender reassignment
    4. 14.4 Religion and belief
    5. 14.5 Age
    6. 14.6 Part-time workers
    7. 14.7 Fixed-term workers
    8. 14.8 Agency workers
    9. Sample essay question
    10. Further reading
  27. 15 PROTECTION FROM DISCRIMINATION (6) PURSUING DISCRIMINATION CLAIMS
    1. 15.1 Procedure for claiming
    2. 15.2 Remedies
    3. Further reading
  28. 16 HEALTH AND SAFETY LAW
    1. 16.1 Introduction: the significance of health and safety at work
    2. 16.2 Common law health and safety at work protections
      1. 16.2.1 The origins of liability and the non-delegable duty of care
      2. 16.2.2 The duty to provide safe working colleagues
      3. 16.2.3 The duty to provide safe plant and equipment
      4. 16.2.4 The duty to provide a safe system of work
      5. 16.2.5 The duty to provide a safe place of work
      6. 16.2.6 The character of the duty
      7. 16.2.7 Defences
    3. 16.3 Developments in the duty of care
      1. 16.3.1 Stress at work and psychiatric injury
      2. 16.3.2 Bullying and the Protection from Harassment Act 1997
    4. 16.4 Statutory and EU health and safety protections
      1. 16.4.1 The Health and Safety at Work Act 1974
      2. 16.4.2 The 'six pack' of regulations
      3. 16.4.3 The Working Time regulations
    5. Sample essay question
    6. Further reading
  29. 17 GRIEVANCES AND DISCIPLINE
    1. 17.1 Grievance procedure
      1. 17.1.1 Causes of grievance
      2. 17.1.2 Formal procedure for hearing grievances
      3. 17.1.3 The right to be accompanied
      4. 17.1.4 Breaches of procedure
    2. 17.2 Disciplinary procedure
      1. 17.2.1 The ACAS Code of Practice
      2. 17.2.2 Disciplinary measures
      3. 17.2.3 Disciplinary hearings
      4. 17.2.4 Disciplinary warnings
      5. 17.2.5 The right to be accompanied
      6. 17.2.6 Appeals
      7. 17.2.7 Breaches of procedure
    3. Sample essay question
    4. Further reading
  30. 18 TUPE TRANSFERS
    1. 18.1 The origins and aims of law on transfer of undertakings
    2. 18.2 To whom the regulations apply
    3. 18.3 The nature of a transfer for TUPE purposes
    4. 18.4 The effect of TUPE transfers
    5. 18.5 Dismissals on transfer
    6. 18.6 Consultation
    7. Sample essay question
    8. Further reading
  31. 19 TERMINATION OF EMPLOYMENT (1) CONTINUITY, NOTICE AND DISMISSAL
    1. 19.1 Continuity of employment
    2. 19.2 Notice and statutory notice periods
    3. 19.3 Dismissal
      1. 19.3.1 The statutory definition of dismissal
      2. 19.3.2 Summary dismissal
      3. 19.3.3 Failure to renew a fixed-term or limited-term contract
      4. 19.3.4 Constructive dismissal
    4. Sample essay question
    5. Further reading
  32. 20 TERMINATION OF EMPLOYMENT (2) TERMINATION OTHER THAN BY DISMISSAL
    1. 20.1 Frustration of the contract
    2. 20.2 Death of the employer
    3. 20.3 Resignation
    4. 20.4 Termination by mutual agreement
    5. Sample essay question
    6. Further reading
  33. 21 TERMINATION OF EMPLOYMENT (3) WRONGFUL DISMISSAL
    1. 21.1 Introduction
    2. 21.2 The nature of wrongful dismissal
    3. 21.3 Bringing an action for wrongful dismissal
    4. 21.4 Remedies for wrongful dismissal
    5. Sample essay question
    6. Further reading
  34. 22 TERMINATION OF EMPLOYMENT (4) UNFAIR DISMISSAL
    1. 22.1 The origins, aims and character of unfair dismissal law
    2. 22.2 Eligibility
    3. 22.3 Dismissals classed as automatically unfair
    4. 22.4 Dismissals classed as potentially fair
      1. 22.4.1 Capability and qualifications
      2. 22.4.2 Misconduct
      3. 22.4.3 Genuine redundancy
      4. 22.4.4 Dismissal because of a statutory restriction
      5. 22.4.5 Other substantial reason
    5. 22.5 Determining whether the dismissal is fair
      1. 22.5.1 The reasonable range of responses test
      2. 22.5.2 Procedural fairness and the ACAS Code of Practice
    6. 22.6 Pursuing a claim for unfair dismissal
    7. 22.7 Remedies
    8. Sample essay question
    9. Further reading
  35. 23 TERMINATION OF EMPLOYMENT (5) REDUNDANCY
    1. 23.1 The origins and aims of redundancy law
    2. 23.2 Eligibility for redundancy
    3. 23.3 Dismissals for reasons of redundancy
    4. 23.4 Redundancy procedures
    5. 23.5 Calculating redundancy payments
    6. 23.6 Lay-offs and short-time working
    7. Sample essay question
    8. Further reading
  36. 24 EMPLOYMENT RIGHTS RELATED TO TRADE UNION MEMBERSHIP AND NON-MEMBERSHIP
    1. 24.1 Introduction: the origins of modern trade union law
    2. 24.2 Trade union membership and non-membership
    3. 24.3 Trade union recognition
    4. 24.4 Trade union related time off
      1. 24.4.1 Time off for trade union duties
      2. 24.4.2 Time off for trade union activities
    5. 24.5 Collective bargaining
    6. 24.6 Statutory protection during trade disputes
      1. 24.6.1 Tortious liability in trade disputes
      2. 24.6.2 Immunity from legal action
      3. 24.6.3 Loss of immunity
    7. 24.7 Discipline short of dismissal
    8. 24.8 Dismissal
      1. 24.8.1 Trade Union related dismissal
      2. 24.8.2 Dismissal for taking part in industrial action
      3. 24.8.3 Dismissal because of industrial pressure
    9. Sample essay question
    10. Further reading
  37. Appendix 1
  38. Appendix 2
  39. Glossary
  40. Index