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EMPLOYMENT LAW

EMPLOYMENT LAW. Indicative Reading.

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EMPLOYMENT LAW

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  1. EMPLOYMENT LAW Indicative Reading Shackleton, V., 1995, Business Leadership, Routledge, London (ISBN: n/a);Nairns, J., 2006, Employment Law for Business Students, Pitman (ISBN: n/a), 3rd edition 2008; Kidner, R., 2006, Blackstone's Employment Law Statutes, Oxford (ISBN: n/a);Harrison, T., 2003, Employment Law, Athenaeum Press, Gateshead, fifth edition

  2. SOURCES OF EMPLOYMENT LAW • Sources of employment law: • Common law • Legislation • European law • Codes of practice • Regulations

  3. INSTITUTIONS OF EMPLOYMENT LAW • Advisory, Conciliation and Arbitration Service (Acas) • Central Arbitration Committee (CAC) • The department of Trade and Industry and related government departments (DTI) • Commission for Equality and Human Rights (CEHR) • Equal Opportunities Commission (EOC • Commission for Racial Equality (CRE) • Disability Rights Commission (DRC) • Low Pay Commission (LPC) • Health and Safety Commission (HSC)

  4. Courts and Tribunals • Courts – breach of common law or contract. Claims concerning breach of contract, wrongful dismissal and application for injunctions; • Employment tribunals (ET) – breach of a statute. Claims concerning unfair dismissal, discrimination, equal pay, redundancy pay, deductions from wages and maternity rights. ET is only able to make awards of up to £25000

  5. County Court or High Court? • Depends on the monetary value attached to the claim • County Court – damages of £25000 or less • High Court – damages of over £50000 ( personal injuries, employers seeking an injunction to prevent strike action

  6. Possible stages involved for a breach of contract • European Court of Justice • House of Lords • Court of Appeal • County court/High Court

  7. Human rights – Human Rights Act 1998 • Art. 8 – right to respect for private and family life • Art. 9 – right to freedom of thought, conscience and religion • Art. 10 – freedom of expression • Art. 11 – freedom of assembly and association • Art. 14 – prohibition of discrimination

  8. Use of other courts • Magistrates’ Court and Crown Court hear cases concerning the enforcement of health and safety legislation

  9. Employment Tribunal (ET) • Panel of three people – a legally qualified chairman, representative of the employer organisations and one representing employee organisations • ET are bound by earlier decisions of EAT, CA, HL and ECJ • Appeals are heard in the EAT

  10. Possible stages involved in a claim alleging breach of statute European Court of Justice House of Lords Court of Appeal Employment Appeal Tribunal Employment Tribunal

  11. Sources of Employment Law - legislation • Employment Act 2002 (EA 2002) • Employment relations Act 1999 • Employment Relations Act 2004 • Employment Rights Act 1996 ( most of the law on individual employment rights) • Trade Union and Labour Relations (Consolidation) Act 1992 (most of the law on collective employment) • Equal Pay Act 1970 • Sex Discrimination Act 1975 • Sex Discrimination Act 1986

  12. Sources of Employment Law - legislation • Race relations Act 1976 • Disability Discrimination Act 1995 • Disability Discrimination Act 2005 • Health and Safety at Work Act 1998 • Employment Rights (Dispute Resolution) Act 1998 • Trade Union Reform and Employment Rights Act 1993 • Human Rights Act 1998 • National Minimum Wage Act 1998 • Race relations (Amendment) Act 2000 • Data Protection Act 1998

  13. Sources of Employment Law - legislation • The role of European Law – treaties, regulations, directives, decisions, recommendations • Codes of Practice – to guide the parties as to what is good practice, breach of a code is considered in evidence in the court or tribunal • Regulations – made in addition to the main principles contained in legislation ( more concrete and specific hazards, ex. noise in the workplace)

  14. Law reports and Case citation • Shepherd & Co Ltd v Jerrom [1986] 3 WLR 801;ICR 802;[1986] 3 all ER 589; [1986] IRLR 358 • The third volume of the weekly Law reports at page 801 • The industrial Cases Reports at page 802 • The third volume of All England Law Reports at page 589 • Industrial Relations Law reports at page 358

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