1-20 of 30 Results

  • Keyword: trade union x
Clear all

Chapter

Cover Contemporary Intellectual Property

13. Trade marks 1: key features, theoretical underpinnings, and the national, EU, and international regimes  

This chapter introduces the key features of registered trade mark law, highlighting core aspects of registered trade mark protection and differences to other IP rights. It discusses the theoretical underpinnings for registered trade mark protection and accompanying policy tensions, particularly ongoing debates over whether registered trade mark protection should focus on the origin function of the mark or also extend to other trade mark functions associated with the creation and maintenance of brand investment and brand image. The chapter introduces the legal regime for the protection of trade marks from an international, EU, and UK perspective, and considers the impact of Brexit on registered trade mark law. The chapter also outlines the various international treaties relevant to the protection of trade marks.

Chapter

Cover Contemporary Intellectual Property

13. Trade marks 1: key features, theoretical underpinnings, and the national, EU, and international regimes  

This chapter introduces the key features of registered trade mark law, highlighting core aspects of registered trade mark protection and its differences to other IP rights. It discusses the theoretical underpinnings for registered trade mark protection and also the accompanying policy tensions, in the context of an increasingly visible place of brands in society. The chapter introduces the legal regime for the protection of trade marks from an international, EU, and national (UK) perspective. Reflecting relevant agreements and treaties, the chapter outlines various standards established for the protection of trade marks, along with the systems by virtue of which traders can register and protect marks in many countries throughout the world.

Chapter

Cover Selwyn's Law of Employment

21. Individual Trade Union Rights  

This chapter considers the rights of an individual in respect of his trade union membership and/or non-membership and remedies for breach of those rights. These rights exist vis-à-vis a trade union or against an actual or potential employer. They include the right not to be excluded from a union; the right not to be unjustifiably disciplined; the right to resign; the right not to be expelled; the right to have a ballot before industrial action; and the right to take time off work for trade union duties. The relevant statutory provisions are contained in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A), which has been amended by subsequent legislation, and reference will also be made to a number of legal decisions.

Chapter

Cover Concentrate Questions and Answers EU Law

6. The Free Movement of Goods  

The Concentrate Questions and Answers 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 along with examiner’s tips, answer plans, and suggested answers about the free movement of goods in the EU. The questions focus on charges and measures having equivalent effect, the restrictions allowed under Art 36 TFEU, and the principles of law which have emerged from the case of Cassis de Dijon and subsequent cases. The significance of the judgment of the Court of Justice in Keck is addressed.

Chapter

Cover Employment Law

29. Industrial action  

The law on the organisation of industrial action is mainly contained in the Trade Union and Labour Relations (Consolidation) Act 1992. This chapter sketches out the broad principles and their practical implications. It looks separately at three distinct topics: firstly, the law relating to trade unions and trade union officials organising industrial action; secondly, the law relating to individual workers taking industrial action; and, thirdly, the law relating to picketing (ie, demonstrating support for a strike outside an employer’s premises). This is an area of employment law which is both complex (some would say unnecessarily so) as well as controversial in a number of respects.

Chapter

Cover Selwyn's Law of Employment

23. Law Relating to Industrial Relations  

This chapter begins with a discussion of trade union recognition, covering voluntary recognition, statutory recognition, and employers’ training policies. It then turns to collective bargaining; statutory protections, including the definitions of ‘trade dispute’, ‘in contemplation of’, and ‘in furtherance of’ industrial action; strikes; statutory protection and loss of immunities; limits to the amount of damages which may be awarded if a trade union is sued successfully in tort; injunctions and interdicts; legal effect of collective agreements; peaceful picketing; and the European Works Councils, including time off work and protection from detriment and dismissal.

Chapter

Cover An Introduction to European Law

9. Internal Market: Goods I  

This chapter explores the European Union's negative integration tools in the context of the free movement of goods. In order to create an internal market in goods, the EU insists that illegal barriers to intra-Union trade must be removed. Its constitutional regime is, however, split over two sites in Part III of the TFEU. It finds its principal place in Title II governing the free movement of goods, which is complemented by a chapter on ‘Tax Provisions’ in Title VII. Within these two sites, one finds three important prohibitions. The first is the prohibition on customs duties, which are fiscal duties charged when goods cross national borders. The second type of fiscal charge is the discriminatory taxes imposed on foreign goods. The chapter then investigates the legality of and possible justifications for regulatory restrictions to trade in goods.

Chapter

Cover Smith & Wood's Employment Law

9. Collective labour law  

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

Cover Smith & Wood's Employment Law

9. Collective labour law  

Ian Smith, Owen Warnock, and Gemma Mitchell

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

Cover Selwyn's Law of Employment

22. The Law Relating to Trade Unions  

This chapter focuses on the law as it affects the running of a trade union. All the relevant law is consolidated by the Trade Union and Labour Relations (Consolidation) Act 1992, as amended. The discussions cover the definition of a trade union, their listing, and certification; the rules of a trade union including disciplinary action and conduct of union affairs; the executive committee, election of candidates to the executive committee; rules for accounts, records, etc; the requirements before a trade union can have a political fund and pursue political objects; breach of union rules; amalgamation and transfers; and employers’ associations.

Chapter

Cover An Introduction to European Law

Brexit: Past, Present, Future  

This epilogue discusses the past, present, and future of the British exit (‘Brexit’) from the European Union. It begins by offering a brief historical overview of the past tensions between the United Kingdom and the European Union in an attempt to better explain the ‘special’ unease with which the United Kingdom viewed European integration. The chapter then explores the withdrawal process under Article 50 TEU and the ‘Withdrawal Agreement’ in particular. It then moves to discuss the status of European Union law in post-Brexit Britain. It finally contrasts three possible EU–UK trade relationship options before analysing the EU–UK Trade and Cooperation Agreement.

Book

Cover Employment Law Concentrate
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. Employment Law Concentrate helps to consolidate knowledge in this area of law. This seventh edition includes updates on employment law, including further coverage of the employment status, written particulars, restraint of trade, and equal pay. The book includes discussion of recent cases, including Supreme Court ones, and forthcoming amendments to the law are noted where appropriate. The volume also looks at implied terms, discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally, the text looks at dismissal issues (including both wrongful and unfair dismissal), redundancy, and trade unions. The chapter on trade unions has been transferred to online-only content, available in the online resources for this book.

Chapter

Cover The Substantive Law of the EU

1. Introduction to the Issues  

This book focuses on the rules interfering with movement across EU Member States. This chapter places these rules in context. It discusses the importance of free trade; the different stages of integration; understanding the integration process; and the principles underpinning the common market.

Chapter

Cover Concentrate Questions and Answers Employment Law

12. Trade unions and industrial action  

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 trade unions and industrial action. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of trade unions and industrial action including the nature and role of trade unions, membership rules, balloting and notice requirements for industrial action, picketing, and tort liability. 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

Cover Concentrate Questions and Answers Employment Law

13. Collective bargaining  

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 collective bargaining. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of collective bargaining including inequalities of bargaining power in the employment relationship, status and function of trade unions, time off for trade union members, and rights to information. 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

Cover Employment Law in Context

1. Introduction to Employment Law  

This chapter provides an overview of the fundamental goals of this text. It introduces readers to the running case study feature which is used throughout the text to explain concepts and rules of employment law. It then discusses key issues and themes in employment law. It considers whether labour law has a valid claim to be treated as a self-contained discipline and what distinguishes it from other branches of the law. It explores the role of this area of law and the arguments in favour of the introduction and preservation of such laws. It also addresses a central area of controversy, which is whether such laws stifle or stimulate economic growth. The final issue for discussion is the potential impact of technology-driven workplace changes on employment laws, e.g. automation, AI, etc.

Chapter

Cover Human Rights Law Directions

18. Article 11: freedom of assembly and association  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers Article 11 and relates it, in outline, to aspects of public order law in the UK. Article 11 protects the rights of people to ‘peaceful assembly’—to hold and take part in peaceful meetings, marches, and demonstrations. Related issues such as the notion of peaceful assembly and positive duties in respect of facilitating political action are discussed. Article 11 also guarantees the right to ‘associate’: to join and be active in ‘associations’ such as political parties, pressure groups, religious organisations, and trade unions. Both these rights are subject to restriction under the terms of Article 11. The importance of Article 11 rights for democracy is fully recognised, and any restrictions must be consistent with the principles of tolerance and pluralism. Article 11 also permits significant restrictions on the political freedom of police, civil servants, and other public officials.

Chapter

Cover An Introduction to European Law

Epilogue Brexit: Past, Present, Future  

This epilogue discusses the past, present, and future of the British exit (‘Brexit’) from the European Union. It begins by offering a brief historical overview of the past tensions between the United Kingdom and the European Union in an attempt to better explain the ‘special’ unease with which the United Kingdom viewed European integration. A former imperial and global power, its political self-understanding indeed differed from the very beginning from that of other Member States. The chapter then explores the ‘present’ withdrawal process under Article 50 TEU and the ‘Withdrawal Agreement’. It also analyses four possible EU–UK trade relationship options. Will both parties decide to create a common customs union or will they conclude a ‘Canada Plus’ agreement? A future trade deal is currently being negotiated; yet the option of a ‘hard’ Brexit remains.

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 Employment Law

27. Freedom of association  

This chapter provides an introduction to collective employment law. Collective employment law concerns the regulation of the relationship between trade unions and employees in their capacity as trade union members. In order to be able to enforce these rights it is often necessary for a union to be listed by the Certification Officer, recognised by an employer or for its members to be acting ‘officially’ in the name of the union. Freedom of association is protected by laws which deter employers from dismissing employees or taking action short of dismissal against them for a trade union reason. The law gives equal protection to people who suffer the same detriments because they are not union members or because they have left a union.