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Employment Law Module Summary
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This summary details all of the relevant information needed on the employment law module. All notes are grade 2:1 and above.
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Employment LawEmployment Law
Lecture 1 – Institutions of Employment Law
Key Legislation
- Employment Rights Act 1966
An Act to consolidate enactments relating to employment rights, primarily concerns itself
with the rights awarded to employee, including reasonable notice before fair dismissal, time
off for parenting, redundancy and unfair dismissal. This Act was passed by government to
formally codify the existing law on individual employee rights in the UK. This Act
refurbished, amended and agglomerated previous fundamental labour legislation in the UK,
including” the Contracts of Employment Act 1963, the Redundancy Payments Act 1965, the
Employment Protection Act 1975 and the Wages Act of 1985.
- Equality Act 2010
Legally protects people from discrimination in the workplace and in wider society. This Act
replaced previous anti-discrimination laws, making the law easier to understand and
strengthened protection in some situations. This also sets out different ways in which it is
unlawful to treat someone.
- Trade Union and Labour Relations (Consolidation) Act 1992
This Act defines and governs the roles of trade unions, including in relation to collective
bargaining and industrial action.
Perspectives on Labour
There are a number of theories regarding the concept of Labour which in general fall into
three groupings.
1. Unitarist perspective: ‘we are all in it together, and conflict is deviant, and the fault
of irrational individuals.’ Believe that trade unions promote conflict.
An undertaking is comprised of an integrated team.
An undertaking has a purpose or purposes common to all members of the team.
An undertaking has a single source of authority, the management or leadership.
Conflict between the members of the team is irrelevant or irrational.
If there is conflict it is the fault of an aberrant individual or individuals.
Trade unions and employment law promote conflict and are rejected.
2. Pluralist perspective: ‘we all want different things, but we can all pull together and
manage our conflicts.’
An undertaking is a miniature democratic society.
An undertaking consists of groups and individuals with different complementary and
conflicting interests.
Because of this, conflict is inevitable, however by endeavour, conflict can be
managed, and order can be maintained.
In order to manage the conflict, trade unions and employment law are recognised
and encouraged.
, 3. Marxist perspective: ‘conflict is inevitable because we want different things. Labour
is exploited by employers.’
Undertakings are part of a Capitalist society.
The owners of Capital exploit Labour.
Conflict between Capital and Labour is inevitable.
There is no possibility of managing away the conflict.
Trade unions and employment law are promoted by Labour and rejected by Capital.
Political influences on Employment Law
- Employers are entitled to prevent staff from politically campaigning while at work for
fear of the disruption or upset to colleagues or customers that this could cause.
- Outside work, employees should generally be free to express their own political
views. The Human Rights Act becomes relevant if an employer is seeking to control
what employees are doing outside work. When it comes to politics, the rights to
freedom of assembly and association, freedom of expression and freedom of
thought, conscience and religion could all come into play.
- Employers can prevent political symbols being displayed at work. Generally,
employers can enforce appropriate standards of dress in the workplace, including
prohibiting items displaying support for a political party.
- Employers need to be alert to members of staff harassing colleagues via political
beliefs. Brexit in particular has led to the increased risk of harassment against some
nationalities, particularly Eastern European workers. Comments to foreign workers
about Brexit can have a political edge and can lead to complaints of racial
harassment.
- Employers can have rules on political activities in the workplace.
Conservatives have dealings and businesses which hold employers accountable for their
own actions towards their employees.
Sources and Institutions of Employment Law
Respect for freedom of the individual and a free market. We need to have a balance
between the needs of business owners and workers. There must also be efficiency and
social justice.
Employment / Labour law is made up of both formal and informal sources.
Formal sources:
- Common law – employment relationship based on contracts, managerial
prerogative, implied duties. trade unions and industrial action. Case law, EAT, CoA,
ECJ and ECtHR.
- Legislation
- Codes of Practice
- European Union Regulations
- International Labour Organisation
Informal sources:
- Collective Agreements are those agreements that are made within an organisation
for trade unions. Agreeing on certain factors within an organisation, e.g. holiday pay,
working times etc. Relationships between the employer or employer’s association
and Trade Unions. These are often developed on a voluntary basis. Not covered by
, legal requirements regarding content. Collective agreement only legally enforceable
if clear statement indicating that intention, e.g we have agreed…
Scope of Employment Legislation
Health and Safety Law
Collective Employment Law
Employment law has evolved over time.
Early 20th century – there were Acts to define the rights of Tus and measures to curb
exploitation such as Wages Councils.
1950s – free collective bargaining.
1960s – floor or rights.
Contracts of Employment Act 1953
Redundancy Payments Act 1965
Trade Disputes Act 1965
Donavon Commission 1968
Industrial Relations Act 1971.
1974 – 1979
Employment Protection Act 1975
Sex Discrimination Act 1975
Race Relations Act 1976
Employment Protection Consolidation Act 1978
1980s and 1990s – restriction of rights and protections.
Employment Act 1980 – right to return after pregnancy, unfair dismissal qualifying period
increased by 2 years.
Employment Act 1989 – deposits required for employment tribunal’s, rights to particulars of
disciplinary procedures for small firms. Restrictions on heavy work and night work in
factories for women removes, time off for trade unions and activities restricted.
Trade Union Reform and Employment Rights Act 1993 – wages councils abolished.
Wages Act 1986 – criminal sanctions for unauthorised deductions from pay abolished.
Employment Rights Act 1996 – consolidating act.
1997-2010
The Labour government are committed to employee protection.
Working Time Regulations 1998
National Minimum Wage Act 1998
Public Interest Disclosure Act 1998
Data Protection Act 1998
Unfair Dismissal Order 1999 – one-year qualifying period.
Human Rights Act 1998
Employee Relations Act 1999 – rules on union recognition, representation on disciplinary
and grievance procedures, family friendly policies, part time workers and fixed term
contract.
Equality Act 2010
In 2003, discrimination rights on religious beliefs, race, sex, disability and sexual orientation
were changed.
, European Union Law
European law has had a major impact on national employment law particularly in the areas
of sex discrimination, equal pay, the transfer of undertakings and health and safety
regulations.
This is made up of Regulations, Directives and Treaties.
Regulations affecting employment law include:
Working Time Regulations 1998 – only working a shift for a specific number of hours.
Cannot do more than so many hours without a break.
Sex Discrimination (Burden of Proof) Regulations 2001 – discrimination based on your
gender. This is different to sexual orientation discrimination.
Employment Equality (Religion and Belief) Regulations 2003 – discrimination based on your
religious beliefs.
Employment Equality (Sexual Orientation) Regulations 2003 – discrimination based on your
sexual orientation, e.g. heterosexual, homosexual, bisexual, gay, lesbian etc.
International Labour Organisation
1919 tripartite structure introduced.
- Governments
- Employers
- Workers
Certain principles – Labour is not a commodity, freedom of expression and association and
freedom, dignity, economic security and equal opportunities. All disputes go to the
International Court of Justice. The UK ratified a large number of conventions, but not all.
Some have been renounced. Any international obligations must be enshrined in domestic
law.
Institutions of Employment Law
- Employment Tribunals – were established under the Industrial Training Act 1964
and are governed by the Employment Tribunals Act 1996. Cases are heard by a
panel of 3 people; this consists of a qualified Employment Judge and two lay people.
Tribunals are bound by their earlier decisions of the EAT.
- The Employment Appeal Tribunal (EAT) – Established in 1976 when it replaced the
National Industrial Relations Court. Composed of HC/CC Judges and lay people.
Appeals are on the questions of law from the ET, procedure or perverse decisions.
The EAT is not bound by previous decisions. Appeals go to the CoA.
- UK courts – county courts enforce orders and remedies from ETs. Higher level costs
awards. High court and county courts look at matters such as breach of contract and
personal injury. Appeals are heard here from the EAT.
- EU courts – EU Court of Justice and European Court of Human Rights.
- Advisory, Conciliation and Arbitration Service (ACAS) – Set up in 1975 under the EPA.
Its main function is to promote the improvement of industrial relations. This service
provides information, advice, training and conciliations. To conciliate individual
disputes, you can refer to arbitration or mediation by agreement. Issues codes of
practice.
- The Central Arbitration Committee (CAC) – independent body with statutory powers
established in 1975 under the EPA 1975. Helps encourage fair and efficient
arrangements in the workplace by resolving collective disputes in England, Scotland
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