Employment Law (Living Law)

Cover
Contents
Guided Tour
Preface
Publisher’s acknowledgements
Table of cases
Table of statutes
Table of statutory instruments
Table of European legislation
Abbreviations
Chapter 1 Introduction to employment law: the institutions and people involved
	The system of employment tribunals
	Presenting claims to an employment tribunal
	The Employment Appeals Tribunal
	People involved in employment law
	Institutions involved in employment law
	Sources of employment law
	The impact of the Human Rights Act on employment law
Chapter 2 Nature, formation and sources of the contract of employment
	Determining employee status
	Workers and statutory rights
	Agency workers
	Formation of a contract of employment
	The written statements of terms
	School leavers and contractual capacity
	Sources of the contract of employment
Chapter 3 Performance of the contract of employment
	Judicially implied duties of the employer
	Judicially implied duties of the employee
	Post-employment restraints
	The employer’s duties with respect to the employee’s health, safety and welfare at work
	Workplace stress
	Bullying
Chapter 4 Common law termination of the contract of employment
	Frustration of contracts of employment
	Lawful termination of the contract of employment
	Termination of an employment contract by summary dismissal
	Constructive dismissal
	Remedies for wrongful dismissal
Chapter 5 Unfair dismissal
	Contrasting wrongful and unfair dismissal
	Eligibility to claim unfair dismissal
	Automatically unfair dismissals
	The claim of unfair dismissal
	The reasonableness of the dismissal
	Investigations and establishing the facts
	Procedural fairness and the ACAS Code
	The legal status of the ACAS Code
	Remedies for unfair dismissal
Chapter 6 Redundancy and other economic dismissals
	The meaning of redundancy
	Claiming a redundancy payment
	Offers of alternative employment
	Lay-offs and short-term working
	Redundancy and unfair dismissal
	Business reorganisations andunfair dismissal
	Business transfers and theTUPE Regulations
	Collective redundancies and business transfers: an employer’s statutory duties to inform and consult
	Collective redundancies
	Business transfers
Chapter 7 The law of discrimination
	Origins and objectives of discrimination law
	The Equality Act 2010 and protected characteristics
	Race discrimination
	Religion or belief
	Sex and sexual orientation
	Gender reassignment
	Marriage and civil partnership
	Pregnancy and maternity
	The forms of discrimination
	Direct discrimination
	Indirect discrimination
	Justifying indirect discrimination
	Associative and perceptive discrimination
	Age discrimination
	Disability discrimination
	Unlawful harassment
	Presenting a discrimination claim
	Remedies
	Equal pay
	Identifying a comparator
	The routes to equal pay
Chapter 8 Trade unions, collective bargaining and the law
	The British system of industrial relations
	The legal status of collective agreements
	Collective agreements andindividual employment contracts
	Trade union recognition
	The statutory recognition procedure
	Statutory rights to time off
	Rights to information and consultation
	Rights of trade union association
Chapter 9 The legal regulation of industrial action
	Trade union structure and forms ofindustrial action
	Industrial action and theeconomic torts
	The statutory immunities
	Industrial disputes and the roleof ACAS
	Trade union liability
	Remedies against trade unions
	Strike ballots and procedures
	Industrial action ballots
	Industrial action and dismissal
	Picketing and the civil law
	Rights to strike andinternational law
Chapter 10 Lawyer’s brief
	The brief
	Drafting a form ET1
	Negotiating an ACAS settlement
	Drafting a closing statement to a tribunal
Glossary
Index