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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 SOURCES OF EMPLOYMENT LAW Sources of employment law: Common law Legislation European law Codes of practice Regulations 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) 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 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 Possible stages involved for a breach of contract European Court of Justice House of Lords Court of Appeal County court/High Court 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 Use of other courts Magistrates’ Court and Crown Court hear cases concerning the enforcement of health and safety legislation 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 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 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 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 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) 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