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Chapter

This chapter deals with age discrimination law under the Equality Act. It discusses the history and background of age discrimination law, protected characteristics, prohibited conduct on grounds of age discrimination, and key debates about how the law operates and how it might be improved in the future. There is no longer a default retirement age in the UK. If an employer wishes to retire an employee at a particular age, he has to have objective reasons for choosing that age. Unlike other protected characteristics, direct age discrimination can be justified, and there are a number of exceptions, such as length of service benefits, which have been kept from the Age Regulations of 2006.

Chapter

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.

Chapter

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.

Chapter

This chapter discusses the law covering atypical workers. These include part-time workers, fixed-term workers, agency workers and ex-offenders. The EU social policy was tasked with coming up with a number of directives to prevent discrimination against such workers, and to give them what is effectively a ‘floor of rights’. Under the law, part-time workers should not be treated less favourably than full-timers, unless this can be objectively justified. Fixed-term workers should not be treated less favourably than full-timers, unless this can be objectively justified. A fixed-term employee who has been with the same employer for four years is entitled to a permanent contract. An agency worker is entitled to comparable terms and conditions as a permanent employee after twelve weeks. Ex-offenders are entitled not to refer to their convictions in certain circumstances, depending on what they were sentenced to.

Chapter

UK employment law does not give equal protection to everyone considered to be working for an employer. In fact, a substantial minority of people who work for private firms, companies and public sector organisations do not enjoy the protection of employment law in some significant respects. There are four types of situation that often deny people the opportunity to bring their claims to court: when a claimant is not considered to be an employee; when a claimant is not considered to be a worker; when a claimant (who is an employee) has not completed sufficient continuous service with their employer; and when a claimant is found not to be working legally in the UK. In addition, employment tribunals operate strict limits on how soon after someone is dismissed or suffers from an instance of unlawful discrimination they make a claim if they want it to be heard. For most tribunal jurisdictions this time limit is set at three months, meaning that after this period has passed a claim cannot be considered because it is ‘out of time’. In practice this rule can also act as a fifth type of barrier preventing people from accessing their employment rights. This chapter focuses on these five types of situations.

Book

Richard Painter and Ann Holmes

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. Cases and Materials on Employment Law is the complete reference resource on employment law. This edition offers well-chosen case law and extracts and materials to explain employment law in a contextualized manner. This edition includes discussion of the Enterprise and Regulatory Reform Act 2013, the Growth and Infrastructure Act 2013 and the Small Business, Enterprise and Employment Act 2015. The work also includes treatment of the latest developments in case law, including Société Générale (London Branch) v Geys (2012), Edwards v Chesterfield Royal Hospital NHS Trust (2012), Chhabra v W. London Mental Health NHS Trust (2014), Lock v British Gas Trading Ltd (2013), Kaltoft v Kommunernes Landsforening (2014), Eweida v UK (2013). There is also inclusion of the most recent statistics on trade union membership, levels of industrial action, the work of ACAS, and employment tribunal claims. Also, the work has additional coverage on family rights available on the Online Resource Centre.

Chapter

This chapter examines the law on agreements between employers and trade unions. It first explains the process of collective bargaining and the legal status of such agreements. It then considers the importance, both to the union and its members, of trade union recognition by employers. It examines the rights of trade unions to information and consultation, followed by a consideration of European works councils. Finally, some observations are made on the role of the Advisory, Conciliation and Arbitration Service and the Central Arbitration Committee.

Chapter

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.

Chapter

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action, which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout, as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.

Chapter

This chapter examines the law on collective dismissals, which involve the large-scale off-loading of labour by an employer. It first considers the key provisions of the Collective Redundancies Directive. In particular, it focuses on the meaning of ‘collective redundancies’ and discusses the basic obligations of the employer, namely consultation and notification. It then turns to Chapter II Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA); the nature and extent of the employer’s obligations; and the consequences when the employer fails to comply with the statutory information and consultation procedures in section 188 of TULRCA.

Chapter

This chapter examines the law on collective dismissals, which involves the large-scale lay-off of labour by an employer. It first considers the meaning of ‘collective redundancies’ and discusses the basic obligations of the employer, namely the provisions of information, consultation and notification. It then turns to the detail of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA); the nature and extent of the employer’s obligations; and the consequences when the employer fails to comply with the statutory information and consultation procedures in section 188 of TULRCA.

Chapter

This chapter focuses on the meaning of ‘employment’ — what is required in law for a worker to be considered an employee and what types of worker are not. It begins by examining the tests that have been developed at common law in order to determine this and the extent to which they are, and should be, driven by policy considerations. It then turns to other categories of work relationships to determine whether they are mutually exclusive with employment or whether they overlap. It also considers particular types of employees and explains their legal employment status. The chapter ends by addressing the question of whether the courts consider employment status to be a question of law or one of fact.

Chapter

Richard W. Painter and Ann E. M. Holmes

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the sources of the contract of employment with regard to the terms stated in a contract. It analyses the express, implied, characteristic or imposed, work rules, custom and practice, and the statutory implied terms. Under the Employment Rights Act 1996, employees are given the right to statements of employment particulars if the employment contract lasts more than a month. These statements/terms include information such as the business' name, the employee's name, job title and description, starting date of employment, and working hours and overtime. In addition, the chapter examines the statements regarding collective bargaining, which is enacted under the Trade Union and Labour Relations (Consolidation) Act 1992.

Chapter

This chapter looks at the regulation of collective bargaining and at ways in which employers can, in certain circumstances, be required in law to recognise trade unions and to consult collectively with their workforces. After briefly considering why the UK maintains a tradition of voluntarism as far as collective bargaining and collective agreements are concerned, it goes on to assess the work of the Central Arbitration Committee—the authority which has the major enforcing role in respect of the law in this field. This is followed by an analysis of four distinct, but interrelated areas of regulation: disclosure of information for collective bargaining purposes, compulsory union recognition, European Works Councils and the Information and Consultation Regulations.

Chapter

This chapter discusses the statutory provisions for continuity of employment contained in the Employment Rights Act (ERA) 1996, ss 210–219. It covers the provisions for continuity calculation and change of employer (transfer of business, associate employer, change of partners, and estoppel).

Chapter

The statutory provisions for continuity of employment are contained in ss 210–219 of the Employment Rights Act 1996 and the Employment Protection (Continuity of Employment) Regulations 1996. Continuity of employment is a statutory concept generally used, first, to determine whether an employee has been employed for a particular length of time so as to qualify for a specific statutory right, and, second, to ascertain the employee’s length of employment for the purpose of obtaining certain financial benefits award and a redundancy payment. This chapter discusses provisions for counting and computing continuity (ERA, ss 210–219) 362)); preserving continuity (s 212); weeks which do not count towards continuity (ss 215–217); change of employer (s 218); and effect of the continuity rules.

Chapter

The statutory provisions for continuity of employment are contained in ss 210–219 of the Employment Rights Act 1996 and the Employment Protection (Continuity of Employment) Regulations 1996. Continuity of employment is a statutory concept generally used, first, to determine whether an employee has been employed for a particular length of time so as to qualify for a specific statutory right, and, second, to ascertain the employee’s length of employment for the purpose of obtaining certain financial benefits award and a redundancy payment. This chapter discusses provisions for counting and computing continuity (ERA, ss 210–219) 362); preserving continuity (s 212); weeks which do not count towards continuity (ss 215–217); change of employer (s 218); and effect of the continuity rules.

Chapter

This chapter focuses on the employment contract. It first considers the emergence of contract over the past two centuries as the favoured legal analysis at common law of the employment relationship and the courts’ historical interaction with statute along the way. It then explores the various express terms and implied terms often found in a contract of employment. It briefly looks at the notion of imposed terms by which express terms are imposed upon the parties by way of the contract of employment through legislation. The chapter closes with an examination of the legal issues that arise when a contract of employment is varied.

Chapter

This chapter discusses the way in which the law has had to keep up with changing models of ‘employment’. Even the old ‘employee/self-employed’ division is now complicated by increasing use in modern statutes of the term ‘worker’. Part-time, fixed-term, and agency workers have featured prominently in modern employment law and consideration is given to these specifically, along with even more topical areas of concern such as zero-hours contracts and the challenges of the ‘gig economy’ more generally. Three more technical areas are then considered. The first concerns the ‘section 1 statement’ of basic terms and conditions that has been an obligation on employers since 1963 but is still not always given. The second concerns the difficult question of the extent to which an employer can seek to impose limitations on an employee even after employment ends. The third concerns the whole question of how the terms of an employment contract can lawfully be changed by one or both of the parties to it.

Chapter

This chapter discusses the way in which the law has had to keep up with changing models of ‘employment’. Even the old ‘employee/self-employed’ division is now complicated by increasing use in modern statutes of the term ‘worker’. Part-time, fixed-term, and agency workers have featured prominently in modern employment law and consideration is given to these specifically, along with even more topical areas of concern such as zero-hour contracts and the challenges of the ‘gig economy’ more generally. Three more technical areas are then considered. The first concerns the ‘section 1 statement’ of basic terms and conditions that has been an obligation on employers since 1963 but is still not always given. The second concerns the difficult question of the extent to which an employer can seek to impose limitations on an employee even after employment ends. The third concerns the whole question of how the terms of an employment contract can lawfully be changed by one or both of the parties to it.