Employment Law (Living Law)

Description

Living Law: Employment Law is about more than simply learning the legal principles. It's packed with innovative and interactive activities that will improve your understanding of the law and strengthen your legal writing, problem solving and research skills. It will help you see how employment law works in the real world, strengthen your legal skills, and show you how to apply your knowledge to problem scenarios. 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