1-4 of 4 Results

  • Keyword: statutory controls x
Clear all

Chapter

Cover Business Law

23. Statutory and Common Law Regulation of the Conditions of Employment  

This chapter continues from the discussion of the obligations on employers to adhere to the Equality Act (EA) 2010 and protect their workers from discrimination and harassment, to a wider consideration of the regulation of conditions of employment. Legislation places many obligations on employers, and they are increasingly subject to statutory controls that provide for a minimum wage to be paid to workers, for regulation as to the maximum number of hours workers may be required to work, and for the protection of workers’ health and safety. In the event of an employer’s insolvency, the rights of employees are identified, and finally, the mechanisms for employers to protect their business interests in the contract of employment are considered.

Chapter

Cover Contract Law Directions

6. Exemption clauses  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Exemption clauses provide that one party will not be liable in certain situations; they exclude or limit liability. Exemption clauses have traditionally been frowned upon because they have been misused, often to the detriment of consumers, and the courts have responded by repeatedly looking for ways to cut them down. In recent years the Unfair Contract Terms Act 1977 has given the courts much stronger powers and the Unfair Terms in Consumer Contracts Regulations have strengthened the position of consumers. These statutory controls have recently been radically overhauled in the Consumer Rights Act 2015 and this chapter provides a full explanation of these complex developments.

Chapter

Cover Contract Law Directions

6. Exemption clauses  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Exemption clauses provide that one party will not be liable in certain situations; they exclude or limit liability. Exemption clauses have traditionally been frowned upon because they have been misused, often to the detriment of consumers, and the courts have responded by repeatedly looking for ways to cut them down. In recent years the Unfair Contract Terms Act 1977 has given the courts much stronger powers and the Unfair Terms in Consumer Contracts Regulations have strengthened the position of consumers. These statutory controls have recently been radically overhauled in the Consumer Rights Act 2015 and this chapter provides a full explanation of these complex developments.

Chapter

Cover Competition Law

22. Mergers (3): UK  

This chapter discusses UK law on the control of mergers. The chapter is organized as follows. Section 2 provides an overview of the domestic system of merger control. Section 3 explains the procedure of the Competition and Markets Authority (CMA) when determining whether a merger should be referred for an in-depth ‘Phase 2’ investigation and when deciding to accept ‘undertakings in lieu’ of a reference. Section 4 describes how Phase 2 investigations are conducted and Section 5 discusses the ‘substantially lessening competition’ (‘SLC’) test. Section 6 explains the enforcement powers in the Enterprise Act 2002, including the remedies that the CMA can impose in merger cases. The subsequent sections discuss various supplementary matters, such as powers of investigation and enforcement. The chapter concludes with a discussion of how the merger control provisions work in practice and a brief account of the provisions on public interest cases, other special cases and mergers in the water industry. The withdrawal by the UK from the EU means that many mergers that were subject to a ‘one-stop shop’ under EU law are now subject to investigation in the UK as well.