Employment Law eBook PDF

Name: Employment Law eBook PDF
Brand: Pearson
Price: 51.49 EUR
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Malcolm Sargeant David Lewis(Author)

Pearson (Publisher)

7th Edition

Published on 19. February 2014

480 pages

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978-1-292-00180-7 (ISBN)

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Content

Cover
Contents
Preface
Guided tour
Abbreviations
Table of cases
Table of statutes
Table of statutory instruments
Table of European legislation
Publisher's acknowledgements
1 The study of employment law
1.1 Introduction
1.2 Primary and secondary legislation
1.3 The EU Treaties and legislation
1.4 The courts
1.4.1 Employment tribunals and the EAT
1.4.2 Case reports
1.5 Advisory, Conciliation and Arbitration Service
1.6 Central Arbitration Committee
1.7 Certification Officer
1.8 Information Commissioner
1.9 Equality and Human Rights Commission (EHRC)
1.10 Other useful websites
Chapter summary
Further reading
2 The employment relationship
2.1 Introduction
2.2 Parties to the contract - employers
2.2.1 Employers' associations
2.2.2 Identifying the employer
2.2.3 Employers as employees
2.2.4 Associated, superior and principal employers
2.3 Parties to the contract - employees
2.3.1 Dependent labour
2.3.2 The distinction between the employed and the self-employed
2.4 Identifying the employee
2.4.1 The control test
2.4.2 The integration test
2.4.3 The economic reality test
2.4.4 The multiple factor test
2.4.5 Mutuality of obligation
2.5 Question of fact or law
2.6 The intentions of the parties
2.7 Employee shareholders
2.8 Continuity of employment
2.8.1 Continuity and sex discrimination
2.8.2 Continuity and the start date
2.8.3 Continuity and absences from work
2.8.4 Continuity and industrial disputes
2.8.5 Continuity and change of employer
2.9 Specific types of employment relationship
2.9.1 Agency staff
2.9.1.1 The Temporary Agency Work Directive 2008/104/EC
2.9.1.2 The Agency Workers Regulations 2010
2.9.1.3 Agency/worker relationship
2.9.1.4 Employment agencies and businesses
2.9.1.5 Gangmasters
2.9.2 Fixed-term contracts
2.9.3 Part-time contracts
2.9.3.1 Discrimination against part-time workers
2.9.3.2 The Framework Agreement on part-time work
2.9.3.3 The Part-time Workers Regulations
2.9.3.4 Remedies
2.9.4 Apprentices
Chapter summary
Further reading
3 The contract of employment
3.1 Express terms
3.2 The statutory statement
3.2.1 Names and addresses of employer and employee
3.2.2 Date when employment began
3.2.3 Date on which continuous employment began
3.2.4 Remuneration
3.2.5 Hours of work
3.2.6 Entitlement to holidays and holiday pay
3.2.7 Sickness, injury and pensions
3.2.8 Length of notice
3.2.9 Title of job or job description
3.2.10 Temporary contracts
3.2.11 Place of work
3.2.12 Collective agreements
3.2.13 Periods working outside the United Kingdom
3.2.14 General provisions
3.2.15 Disciplinary and grievance procedures
3.3 Implied terms
3.3.1 Terms implied by statute
3.3.2 Terms implied in fact
3.3.3 Terms implied by law
3.4 Duties of the employer
3.4.1 Duty of mutual trust and confidence
3.4.2 Duty to provide work and pay
3.4.3 Duty of care
3.5 Duties of employees
3.5.1 Duty of obedience and co-operation
3.5.2 Duty of fidelity
3.5.2.1 Not competing
3.5.2.2 Restrictive covenants
3.5.2.3 Confidential information
3.5.2.4 Public Interest Disclosure Act 1998
3.6 Other sources of terms
3.6.1 Custom and practice
3.6.2 Collective and workforce agreements
3.7 Variations in terms
Chapter summary
Further reading
4 Termination of employment
4.1 Introduction
4.2 Termination of the contract not amounting to dismissal
4.2.1 Frustration
4.2.2 Death of the employer
4.2.3 Voluntary resignation
4.2.4 Termination by agreement
4.3 Termination of the contract by dismissal
4.3.1 Meaning of dismissal
4.3.2 Wrongful dismissal
4.3.3 Notice
4.3.4 Summary dismissal
4.3.5 Remedies for wrongful dismissal
4.4 Unfair dismissal
4.4.1 Eligibility
4.4.1.1 Only employees qualify
4.4.1.2 Illegality
4.4.1.3 Continuous employment
4.4.2 The dismissal
4.4.2.1 Whether a dismissal has taken place
4.4.2.2 Limited-term contracts
4.4.2.3 Constructive dismissal
4.4.2.4 The effective date of termination of employment
4.4.3 The reasons for dismissal
4.4.3.1 Statement of reasons for dismissal
4.4.3.2 Automatically unfair reasons
4.4.3.3 Fair or unfair reasons for dismissal
4.4.3.4 Capability or qualifications
4.4.3.5 Conduct
4.4.3.6 Redundancy
4.4.3.7 Contravention of an enactment
4.4.3.8 Some other substantial reason
4.4.3.9 Reasonableness
4.4.4 Procedural fairness (1): ACAS Code of Practice
4.4.5 Procedural fairness (2): the right to be accompanied
4.4.6 Claiming unfair dismissal
4.4.7 Pre-termination negotiations and settlement agreements, conciliation and arbitration
4.4.8 Remedies
4.4.8.1 Interim relief
4.4.8.2 Reinstatement or re-engagement
4.4.8.3 Compensation
4.5 Redundancy payments
4.5.1 Qualifications and exclusions
4.5.2 Lay-offs and short-time
4.5.3 Time off
4.5.4 Level of payments
Chapter summary
Further reading
5 Equality: prohibited conduct and equality of terms
5.1 Introduction
5.2 Does discrimination still take place?
5.3 European Union law
5.3.1 The Equal Opportunities and Equal Treatment Directive
5.3.2 The Directive for Equal Treatment in Employment and Occupation
5.3.3 The Race Directive
5.4 The Equality Act 2010
5.4.1 The protected characteristics
5.4.2 Prohibited conduct
5.4.2.1 Direct discrimination
5.4.2.2 Indirect discrimination
5.4.2.3 Harassment
5.4.2.4 Victimisation
5.4.3 Asylum and immigration
5.4.4 Discrimination in employment
5.4.5 Burden of proof
5.4.6 Liability of employers and employees
5.4.7 Relationships that have come to an end
5.4.8 Aiding contraventions
5.4.9 Lawful discrimination
5.4.9.1 Occupational requirements
5.4.9.2 Positive action
5.4.9.3 The general duty to promote equality
5.5 Remedies
5.5.1 Contracts
5.6 Equal pay
5.6.1 The comparator
5.6.2 Like work
5.6.3 Work rated as equivalent
5.6.4 Work of equal value
5.6.5 Defence of material factor
5.6.6 Enforcing equal pay
Chapter summary
Further reading
6 Equality: the protected characteristics
6.1 Introduction
6.2 Age
6.2.1 The ageing population
6.2.2 The Equality Act 2010
6.2.2.1 Benefits based on length of service
6.2.2.2 National minimum wage
6.2.2.3 Redundancy payments
6.2.2.4 Retirement
6.3 Disability
6.3.1 The Equality Act 2010
6.3.1.1 Long-term impairment
6.3.1.2 Day-to-day activities
6.3.1.3 Substantial adverse effect
6.3.1.4 Long term
6.3.2 Discrimination arising from disability
6.3.3 The duty to make reasonable adjustments
6.4 Gender reassignment
6.5 Marriage or civil partnership
6.6 Pregnancy and maternity
6.6.1 The Equality Act 2010
6.7 Race
6.7.1 The Equality Act 2010
6.7.2 Segregation
6.8 Religion or belief
6.8.1 The Equality Act 2010
6.8.2 Occupational requirements relating to organised religion and belief
6.9 Sex
6.10 Sexual orientation
Chapter summary
Further reading
7 Time and pay
7.1 Working time
7.2 Young Workers' Directive
7.3 Working Time Directive
7.4 Working Time Regulations
7.4.1 Scope and definition
7.4.2 Exclusions
7.4.3 The 48-hour week
7.4.4 Night work
7.4.4.1 Special hazards
7.4.4.2 Health care
7.4.5 Time off
7.4.6 Daily rest periods and rest breaks
7.4.7 Weekly rest periods
7.4.8 Annual leave
7.4.9 Special cases
7.4.10 Relevant agreements
7.4.11 Enforcement
7.4.12 Protection from detriment
7.5 Statutory right to time off work
7.5.1 Time off for public duties
7.5.2 Time off to look for work or arrange training
7.5.3 Time off for antenatal care
7.5.4 Time off for dependants
7.5.4.1 Situations that qualify
7.5.4.2 Notice requirements
7.5.4.3 Protection from detriment and dismissal
7.5.5 Time off for pension scheme trustees
7.5.6 Time off for employee representatives
7.5.7 Time off for a young person for study or training
7.5.8 Time off for trade union duties, activities and union learning representatives
7.5.8.1 Taking part in trade union activities
7.5.8.2 Union learning representatives
7.6 Protection of wages
7.6.1 Unauthorised deductions
7.6.2 Normal working hours and a week's pay
7.6.3 Guarantee payments
7.6.4 Suspension from work on medical grounds
7.7 National minimum wage
7.7.1 Who qualifies for the national minimum wage
7.7.2 Calculating the hourly rate
7.7.2.1 Time work
7.7.2.2 Salaried hours work
7.7.2.3 Output work
7.7.2.4 Unmeasured work
7.7.3 Record keeping
7.7.4 Enforcement
7.7.5 Right not to suffer detriment
Chapter summary
Further reading
8 Parental and maternity rights
8.1 The Pregnant Workers Directive
8.1.1 Definition
8.1.2 Risk assessment
8.1.3 Night work
8.1.4 Maternity leave
8.1.5 Protection against dismissal
8.1.6 Employment rights during maternity leave
8.2 The Parental Leave Directive
8.2.1 Scope
8.2.2 Force majeure
8.3 Maternity leave in the United Kingdom
8.4 Maternity and Parental Leave etc. Regulations 1999
8.4.1 Statutory maternity leave
8.4.2 Compulsory maternity leave
8.5 Employment rights before and during maternity leave
8.5.1 Time off for antenatal care
8.5.2 Suspension from work on maternity grounds
8.5.3 The contract of employment during maternity leave
8.5.3.1 Work during the maternity leave period
8.5.3.2 Employment rights
8.6 Protection from detriment
8.7 Protection from dismissal
8.7.1 Redundancy
8.7.2 Unfair dismissal
8.8 The right to return to work
8.9 Flexible working
8.10 Parental leave
8.10.1 Entitlement
8.10.2 Meaning of parental responsibility
8.10.3 Leave entitlement
8.10.4 When there is entitlement to parental leave
8.10.5 Procedural rules
8.10.6 Limitations on parental leave
8.10.7 Complaint to an employment tribunal
8.10.8 Employee rights during parental leave
8.10.9 The right to return to work
8.10.10 Protection from detriment and dismissal
8.10.11 Additional provisions
8.11 Paternity leave
8.12 Adoption leave
Chapter summary
Further reading
9 Business restructuring
9.1 Introduction
9.2 Consultation and information - the international model
9.2.1 European Works Councils
9.2.1.1 Transnational Information and Consultation of Employees Regulations 1999 and 2010
9.2.2 European Company Statute
9.2.2.1 The European Public-Liability Company (Employee Involvement)(Great Britain) Regulations 2009
9.3 Information and consultation - the national model
9.3.1 The Information and Consultation Directive
9.3.2 The Information and Consultation of Employees Regulations
9.3.2.1 Standard information and consultation provisions
9.3.2.2 Confidential information
9.3.2.3 Employee protection
9.4 Collective redundancies
9.4.1 Meaning of establishment
9.4.2 Appropriate representatives
9.4.3 Special circumstances
9.4.4 Failure to comply
9.5 Employer insolvency
9.5.1 Occupational pensions
9.5.2 Controlling directors
9.5.3 Complaints to employment tribunals
9.6 Transfer of undertakings
9.6.1 A relevant transfer
9.6.2 Effect of a relevant transfer
9.6.3 Economic, technical or organisational reason
9.6.4 Insolvency
9.6.5 Information and consultation
Chapter summary
Further reading
10 Trade unions
10.1 Introduction
10.2 Freedom of association
10.3 Meaning of a trade union
10.3.1 Independence
10.4 Contract of membership
10.5 Rights in relation to trade union membership and discipline
10.5.1 Exclusion and expulsion
10.5.2 Discipline
10.6 Statutory obligations in relation to union elections
10.7 Rights related to the application of funds for political objects
10.8 Breach of rules
10.9 Discrimination against members and officials
10.9.1 Blacklisting
10.9.2 Refusal of employment
10.9.3 Subject to detriment
10.9.4 Inducements relating to membership or activities
10.9.5 Dismissal on grounds related to membership or activities
Chapter summary
Further reading
11 Collective bargaining and industrial action
11.1 The trade union role
11.2 Collective agreements
11.2.1 Legal enforceability and incorporation
11.3 Recognition
11.3.1 A legal framework
11.3.2 Statutory recognition
11.3.2.1 The request for recognition
11.3.2.2 Parties agree
11.3.2.3 Employer rejects request or negotiations fail
11.3.2.4 Acceptance of application
11.3.2.5 Appropriate bargaining unit
11.3.2.6 Union recognition
11.3.2.7 Consequences of recognition
11.3.2.8 Changes affecting the bargaining unit
11.3.2.9 Detriment and dismissal
11.3.2.10 Training
11.4 Prohibition of union recognition requirements
11.5 Disclosure of information
11.6 Industrial action - trade union immunities
11.7 Common law torts
11.7.1 Inducing a breach of contract
11.7.2 Interference with a contract or with business
11.7.3 Intimidation
11.7.4 Conspiracy
11.7.5 Inducing a breach of a statutory duty
11.7.6 Economic duress
11.8 Protection from tort liabilities
11.9 Exceptions to statutory immunity
11.9.1 Picketing
11.9.2 Action taken because of dismissal for unofficial action
11.9.3 Secondary action
11.9.4 Pressure to impose a union recognition requirement
11.10 Ballots and notices of industrial action
11.10.1 Notifying the employer of the ballot
11.10.2 Appointment of a scrutineer
11.10.3 Entitlement to vote
11.10.4 The voting paper
11.10.5 The ballot
11.10.6 Notice to the employer
11.10.7 Industrial action affecting the supply of goods and services
11.11 Union responsibility for the actions of their members
11.12 Prohibition on use of funds to indemnify unlawful conduct
11.13 Remedies
11.14 Dismissals during industrial action
11.14.1 Unofficial action
11.14.2 Official action
11.14.3 Protected action
Chapter summary
Further reading
Index

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Employment Law eBook PDF

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