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Chapter

Cover Employment Law

1. The rise of employment law  

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

Cover Business Law

4. Dispute Resolution for Businesses  

This chapter identifies courts and tribunals as the place where the laws discussed in the previous chapters are interpreted and utilized in the legal system. The jurisdiction of the courts and the personnel within them are described and a comparison is drawn between these forums for the administration of justice. It is important for those in business to be aware of the work of at least one tribunal—the Employment Tribunal, as many employment-related disputes ultimately end up here. Also, the courts in the English legal system, and the increasing use of alternative dispute resolution mechanisms, are relevant to businesses as they are used either to settle disputes or to avoid them altogether. Because the term ‘court’ is difficult to define in any practical sense, the chapter uses a description of what a court does.

Chapter

Cover Card & James' Business Law

25. The contract of employment  

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

Cover Employment Law

30. Employment tribunal procedure  

This chapter looks at the employment tribunal procedure and at the steps that are generally taken before a full hearing takes place, including settlements and early conciliation. Also considered are time limits. Employment tribunals are less formal than other courts. The tribunal panel is usually made up of a judge and two lay members, but a judge can sit alone in certain circumstances. A case has to be brought on a standard ET1 form, and a response on a standard ET3 form. Full details have to be given, and permission is rarely given to amend. Preliminary hearings can be held to sort out issues such as disclosure. There is also an emphasis on settlement if possible.

Chapter

Cover Selwyn's Law of Employment

20. Practice and Procedure  

An employee seeking the enforcement of a statutory right, or to obtain a remedy for a breach of that right, must present his claim to an employment tribunal. This chapter discusses the rules for making a claim to an employment tribunal and the employment tribunal procedure. It looks at time limits and the effective date of termination, and considers the mechanics of submitting and defending a claim; the various stages of proceedings such as preliminary hearings and case management as well as the final hearing; remedies including compensation, basic award and compensatory award; vexatious litigants; costs and appeals to the Employment Appeal Tribunal and beyond.

Chapter

Cover Employment Law

2. Sources of employment law and institutions  

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).

Book

Cover Selwyn's Law of Employment
Selwyn’s Law of Employment is regarded as essential reading by law students and practising lawyers, and those studying employment law in a business or professional environment. This edition continues Norman Selwyn’s practical approach to the subject, providing a succinct account of all areas of employment law. Both individual and collective employment law issues are considered, alongside a broad range of UK and EU case law. New to this edition, the text provides coverage of the new IR35 legislation and the new immigration rules as well as an overview of the coronavirus legislation as it relates to employment, such as compulsory vaccination, the furlough scheme and self-isolation. There is also an up-to-date discussion of the gig economy employment status case law, and freedom of expression, and belief.

Chapter

Cover Employment Law Concentrate

1. Employment status  

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 the concept of employment status. Topics covered include the reasons for distinguishing employees from other types of worker; statutory definitions of employee and worker; and the courts’ and tribunals’ approach to identifying employees. The tests for employment status are stated, concentrating on mutuality of obligations and personal service. Discussion centres on zero hours contracts, agency workers, and the gig economy.

Book

Cover Employment Law

Stephen Taylor and Astra Emir

Employment Law provides an introduction to the issues of employment law and regulation for those studying a variety of subjects including human resource management (HRM) and business management, as well as an easy explanation for students of law. Case exhibits in every chapter illustrate employment law in action, whilst activities test understanding of the law and its application in the real world. In addition, a dedicated, very practical chapter on preparing and presenting a case gives an opportunity to demonstrate understanding using a fictional scenario, through which a greater insight into the challenges faced before an employment tribunal can be gleamed. This fifth edition includes full coverage of the Taylor Report, the Gender Pay Gap Regulations, GDPR/Data Protection Act 2018, the Trade Union Act 2016 and the likely effect of Brexit. The text also encompasses a revision of core legal content including changes to tribunal fees and case law concerning employment status.

Chapter

Cover Essential Cases: Public Law

R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court. This case considers whether the fees applicants were required to pay to access the Employment Tribunal and Employment Appeals Tribunal interfered with their ability to access justice. The UKSC articulated the right of access to justice as deriving from the common law. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court. This case considers whether the fees applicants were required to pay to access the Employment Tribunal and Employment Appeals Tribunal interfered with their ability to access justice. The UKSC articulated the right of access to justice as deriving from the common law. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Employment Law

31. Preparing and presenting a case  

This chapter provides practical guidance to aid in the preparation and presentation of a case before an employment tribunal. Although it is primarily written from the point of view of the advocate at such a hearing, the material is also relevant to advisors, witnesses and the parties to a case. The text guides the parties to a tribunal case through the whole tribunal procedure from the very beginning. It covers fact management, understanding the law, starting the process—filling in claim and response forms, preparing a schedule of loss, negotiating a settlement, drafting witness statements, disclosure, preparing bundles and advocacy.

Chapter

Cover Selwyn's Law of Employment

1. The Institutions of Employment Law  

This chapter explains the organisation and functions of the following institutions of employment law: the Employment Tribunal and Employment Appeal Tribunal; the Supreme Court, the Advisory, Conciliation and Arbitration Service (ACAS); the Certification Office; the Central Arbitration Committee (CAC); Director of Labour Market Enforcement; the Equality and Human Rights Commission; the Health and Safety Executive; the Health and Work Advisory and Assessment Service; and the Low Pay Commission. It also discusses the effect of the European Union (Withdrawal) Act 2018 and Brexit on UK employment law and the implications of the Human Rights Act 1998 in this area.

Chapter

Cover Employment Law

14. Race discrimination  

This chapter deals with race discrimination law under the Equality Act. Race includes colour, nationality and ethnic or national origins. The chapter discusses the historical and legal background of race discrimination law, protected characteristics, prohibited conduct on grounds of race discrimination, and bringing an action in the employment tribunal. Race discrimination legislation mirrors that of other discrimination law. It covers direct and indirect discrimination, victimisation and harassment. For direct discrimination, it also looks at perceptive and associative discrimination, and considers who the comparator may be. It also looks at occupational requirements, which are a defence to an accusation of direct discrimination.

Chapter

Cover Employment Law

5. Unfair dismissal—Reasonableness  

This chapter continues the discussion begun in Chapter 4 by considering the third of the three questions employment tribunals must address when faced with an unfair dismissal claim: Did the employer act reasonably in carrying out the dismissal? If the answer is ‘yes’, then the dismissal is fair, if it is ‘no’, then it is unfair and the issue of an appropriate remedy is considered by the tribunal. The chapter explores this concept of ‘reasonableness’ in detail. It explains how it has evolved over the decades and why its interpretation by the courts remains highly controversial. In particular, it focuses on how the courts have determined what does and what does not constitute a fair dismissal on grounds of misconduct, poor performance and ill health.