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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 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

26. Working time  

This chapter looks at the background to the Working Time Regulations, the core working time rights and the specifics of the law. It then considers some of the arguments that have been raised both for and against such regulation. The Working Time Regulations regulate daily rest, weekly working time, weekly rest and annual leave, among other matters. The maximum weekly working time is forty-eight hours, but the UK has retained an opt-out to this, so a person can agree to work more hours. The opt-out remains extremely controversial amongst fellow European Member States. The chapter also considers remedies if the rights are breached.

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.

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).

Chapter

Cover Employment Law

8. Implied terms  

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

Cover Employment Law

7. Contractual employment rights  

This chapter introduces the basic principles of the law of contract as they apply to contracts of employment. It focuses on three issues in particular. First we look at how contracts are formed in the context of an employment relationship and at the conditions that need to be in place if a contract of employment is to be enforceable in a court. We then go on to discuss how employers can go about lawfully varying the terms of contracts by using flexibility clauses and other approaches. Finally we discuss the need to provide employees with written particulars of their employment soon after they start working in a new job.

Chapter

Cover Employment Law

21. Wages and benefits  

This chapter examines the distinct areas of employment law that regulate the payment of wages and benefits. It starts by focusing on the national minimum wage and national living wage legislation, describing how these work in practice and assessing the many debates that still surround the effectiveness and impact of this legislation. It goes on to explain the situations in which employers can and cannot lawfully make deductions from pay packets, the right for all employees to receive an itemised pay statement and the administration of statutory sick pay (SSP). Finally, it briefly discusses the regulation of occupational pension schemes.

Chapter

Cover Employment Law

4. Unfair dismissal—reasons and remedies  

Employment tribunals must address three questions when faced with an unfair dismissal claim: Is the claimant entitled in law to pursue his/her claim? Was the main reason for the dismissal potentially lawful? Did the employer act reasonably in carrying out the dismissal? This chapter begins by distinguishing between three different types of dismissal claims that are brought to employment tribunals: unfair dismissal, wrongful dismissal and constructive dismissal. It goes on to discuss the first two of the three questions. It describes the four possible outcomes when a claimant wins an unfair dismissal case: reinstatement, re-engagement, compensation and a declaration that a dismissal was unfair. In practice, compensation is by far the most common outcome. The chapter then considers debates on remedies in unfair dismissal cases.

Chapter

Cover Employment Law

6. Redundancy  

This chapter discusses redundancy law in the UK. Redundancy, which generally occurs when an employer reduces its workforce for economic reasons, is a common form of ‘potentially fair’ dismissal. There are three lawful ways in which selection for redundancy can be achieved: last-in-first-out, points-based approaches and employee selection processes. Redundancy payments must be equal to the statutory minimum and are often higher due to additional contractual arrangements which are more generous. Notice periods must also be honoured. UK redundancy law is often criticised because it is less procedurally cumbersome and requires employers to compensate less than is the case in other larger EU countries. This suggests that multi-national corporations dismiss their UK employees before counterparts elsewhere in Europe.

Chapter

Cover Employment Law

9. Wrongful and constructive dismissal  

This chapter begins with an exploration of wrongful dismissal law, which has for many decades provided employees who are dismissed in breach of their contracts with the opportunity to apply to a court for damages. In recent decades wrongful dismissal has been superseded to an extent by unfair dismissal law, which provides a more satisfactory remedy for most who are unlawfully dismissed. But there are circumstances in which the longer-established law continues to play a role, and this is the focus of the first part of the chapter. It then moves on to look at constructive dismissal law, which appears to become more significant each year as precedents are set and more people become aware of the possibilities it offers when they resign from their jobs as a direct result of suffering unacceptable treatment from their employers.

Chapter

Cover Employment Law

28. Consultation and bargaining  

This chapter looks at the regulation of collective bargaining and at ways in which employers can, in certain circumstances, be required in law to recognise trade unions and to consult collectively with their workforces. After briefly considering why the UK maintains a tradition of voluntarism as far as collective bargaining and collective agreements are concerned, it goes on to assess the work of the Central Arbitration Committee—the authority which has the major enforcing role in respect of the law in this field. This is followed by an analysis of four distinct, but interrelated areas of regulation: disclosure of information for collective bargaining purposes, compulsory union recognition, European Works Councils and the Information and Consultation Regulations.

Chapter

Cover Concentrate Questions and Answers Employment Law

11. Statutory rights regulating the employment relationship  

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 rights regulating the employment relationship. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory rights including protections regarding working time such as the right to annual leave and rest breaks, whistle-blowing, and rights regarding lay-offs. 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 Concentrate

7. Working time  

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 focuses on the Working Time Regulations 1998 (WTR). The WTR implement the Working Time Directive 1993 and parts of the Young Workers Directive 1994. The WTR impose a maximum 48-hour week during a 17-week reference period and provide rules on night work, rest periods, and annual leave. The UK has opted out of the maximum 48-hour working week. It was the sole European Union Member State to do so. On Brexit, the WTR are one of the areas which may come under attack from neoliberals.