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
4. Dispute Resolution for Businesses
Chapter
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.
Book
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
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
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
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
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.
