Transcript Document

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
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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
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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
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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
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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