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Chapter

This chapter defines some key terms and then focuses on the two questions that are most often debated when people consider the revolution in employment regulation that has occurred in recent decades: Why have we seen such a growth in the extent to which the employment relationship is regulated in the UK? What are the advantages and disadvantages of increased employment regulation for the UK’s economy and people? In answering these questions the chapter introduces some of the major themes which underpin the evaluative material in this text. It also considers attempts made by recent governments to lessen the burden of regulation on employers, most of which have been widely perceived as having had, at best, very limited effect. Finally, it considers the consequences and impact of how employment tribunal fees before they were abolished, and looks at the decline in membership of trade unions and its effect.

Chapter

This chapter examines the most important statutory remedy that employees may have on losing their jobs. It begins by exploring the history of unfair dismissal law. It then considers the stages to be completed for employees to make a successful claim. It explains the various reasons for a dismissal that need to be established if a claim is to be made out (or defended as the case may be). It looks at the issue of remedies as well as the effects of legislation in this area and whether it has been successful in its aims.

Chapter

This chapter considers various legal issues associated with the termination of a contract of employment. It examines the ways in which an employment contract can be brought to an end in law, both by the employer and the employee, and considers the remedies that may be available to the parties for the termination of contract in some cases.

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

This chapter identifies the doctrine of vicarious liability and its potential impact on employers. An employer faces vicarious liability when an individual engaged by it to perform some function for the business commits a tort; if this occurs within the course of employment and the individual engaged has the employment status of an employee, the employer may be jointly liable with the tortfeasor. The doctrine was developed, through the courts, to ensure that injured persons are compensated for losses sustained as a result of a negligent or wrongful act, with the obligation being placed on the employer to compensate and further to prevent any future torts being committed. The chapter considers the liability of those producing, supplying, marketing, and importing goods that contain defects which cause damage or loss.

Chapter

This chapter discusses the contract of employment and its termination. It considers the difference between an employee, an employee shareholder, an independent contractor, and a worker, and the tests used to establish their status. It discusses the types of implied terms contained in a contract of employment. The chapter also considers termination of a contract of employment, examining the difference between unfair, constructive, and wrongful dismissal. It looks at claims for unfair dismissal, considering the potentially fair reasons for dismissal, the band of reasonable responses, the automatically unfair reasons for dismissal, and the remedies available where unfair dismissal has occurred. The chapter concludes with a discussion of redundancy.

Chapter

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory redundancy payments and consultation procedures. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory redundancy pay including the qualifying period to be eligible, the definition of redundancy, procedural fairness, case law on ‘work of a particular kind’, bumping, suitable alternative employment, and calculating statutory redundancy pay. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Chapter

This chapter examines the issues concerning contracts of employment. It begins by looking at how employment law disputes are resolved, namely by discussing the role of employment tribunals and the Employment Appeal Tribunal, and how they fit into the courts structure discussed in Chapter 2. The chapter than discusses the difference between employees and independent contractors, and looks at the status of several special classes of worker. An examination of the terms of the contract then takes place, including a discussion of express terms, and the terms that are implied that relate to the conduct of the employer and employee.

Chapter

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory redundancy payments and consultation procedures. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory redundancy pay including the qualifying period to be eligible, the definition of redundancy, procedural fairness, case law on ‘work of a particular kind’, bumping, suitable alternative employment, and calculating statutory redundancy pay. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Chapter

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses variations of terms and conditions of employment. Theoretically, neither employer nor employee can unilaterally alter the terms and conditions of employment. A unilateral variation that is not accepted will constitute a breach and, if serious, could amount to a repudiation of the contract. A repudiation does not automatically terminate a contract of employment. In order to justify summary dismissal the employee must be in breach of an important express or implied term of the contract.

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

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses variations of terms and conditions of employment. Theoretically, neither employer nor employee can unilaterally alter the terms and conditions of employment. A unilateral variation that is not accepted will constitute a breach and, if serious, could amount to a repudiation of the contract. A repudiation does not automatically terminate a contract of employment. In order to justify summary dismissal, the employee must be in breach of an important express or implied term of the contract.

Chapter

This chapter analyses the various tests adopted by the courts and tribunals to distinguish between the contract of employment and the contract for services. It considers the history of employment, moving from a master and servant arrangement to the emergence of the ‘mutual’ or ‘reciprocal’ contract of employment. It considers the statutory concept of continuous employment, whereby an individual may be required under statute to establish a period of continuous employment on the basis of a contract of employment in order to avail him/herself of certain statutory employment protection rights. Finally, the chapter turns to the effect of an illegal contract of employment, whether it was illegal in its purpose or objective when it was formed, or expressly or implicitly prohibited by statute. There is also consideration of the illegal performance of a legal contract.

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

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses continuous employment and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). An employee’s period of continuous employment begins on the day on which the employee starts work. Although continuity provisions normally apply to employment by one employer, there are situations where a transfer from one employer to another can preserve continuity of employment. One such situation is when there is a relevant transfer under TUPE. TUPE acts to ensure that an individual’s contract of employment is transferred in its entirety when the individual employee experiences a change of employer as a result of a transfer.

Chapter

This chapter discusses the sources of UK employment law and relevant institutions, and looks at court structure. The main source is statutes—Acts of Parliament, regulations and EU law. The common law is judge-made and has evolved over centuries as cases are brought to court and appealed up through the court hierarchy. The laws of contract, trust and tort all play a part in employment regulation. Most cases relating to common law matters are brought to the County Court or the High Court. Employment tribunal cases can be appealed to the Employment Appeals Tribunal (EAT) and then the Court of Appeal, the Supreme Court and, if concerning an EU matter, to the European Court of Justice. Other important institutions in the employment law include the Advisory, Conciliation and Arbitration Service (ACAS), the Equality and Human Rights Commission (EHRC) and the Health and Safety Executive (HSE).

Chapter

This chapter looks at the terms which are implied into contracts of employment. Implied terms are those that are deemed to be present by a court despite never having been explicitly agreed or even discussed by the employer or employee. The chapter begins by setting out the different types of implied term, differentiating these from other types of terms, before going on to explore the major implied terms and their significance. It focuses in particular on the duty to maintain a relationship of mutual trust and confidence as this is the area in which the most significant legal developments have occurred. It then considers situations in which implied terms conflict with express terms, before discussing procedural issues in breach of contract cases.

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

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses continuous employment and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). An employee’s period of continuous employment begins on the day on which the employee starts work. Although continuity provisions normally apply to employment by one employer, there are situations where a transfer from one employer to another can preserve continuity of employment. One such situation is when there is a relevant transfer under TUPE. TUPE acts to ensure that an individual’s contract of employment is transferred in its entirety when the individual employee experiences a change of employer as a result of a transfer.

Chapter

Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.