Employment Law Checklists

by Palca, Julia; Taylor, Catherine

• ISBN13: 9780199265046
• ISBN10: 0199265046
• Edition: 3rd
• Format: Paperback
• Copyright: 2004-06-03
• Publisher: Oxford University Press

Summary

The first point of reference for anyone whose work brings them into contact with employment law of human resources issues, this book sets out clearly and concisely all the points which must be considered and the procedures which must be followed before employment decisions are made.

Author Biography

Julia Palca and Catherine Taylor are partners in the London law firm, Olswang. They are both employment law practitioners who deal with practical employment issues on a daily basis.

Table of Contents

Preface	v
Abbreviations	vi
Useful Websites	vii
The Contract of Employment	1	(42)
Employee status	1	(1)
The contract	2	(1)
Pay, pensions, and working time	2	(1)
Varying the contract	3	(1)
Termination of contract	4	(1)
Consequences of breach of contract	4	(1)
Current contractual issues	4	(1)
Checklists
Who is an Employee?	4	(2)
Workers and Other Providers of Services	6	(2)
Contents of the Contract	8	(2)
Implied Rights and Obligations	10	(3)
Job Offers/Written Statement of Terms	13	(3)
Other Express Contractual Provisions	16	(3)
Pay and Minimum Wage	19	(3)
Pensions	22	(3)
Working Time	25	(5)
Holidays	30	(3)
Fixed-Term Contracts	33	(1)
Varying Contract Terms	34	(3)
Breach of Contract	37	(1)
Termination of Contract	38	(3)
Current Contractual Issues	41	(2)
Equal Pay and Discrimination	43	(34)
Equal pay	43	(1)
Sex Discrimination Act 1975	44	(1)
Race Relations Act 1976	45	(1)
Disability Discrimination Act 1995	45	(1)
Employment Equality Regulations---Religion or Belief/Sexual Orientation	46	(1)
Checklists
Which Act or Provision does a Claim Fall Under?	46	(3)
Tests	49	(7)
Equal Pay Act: Contracts of Employment	56	(6)
Claims Relating to Other Aspects of Employment: Sex and Race	62	(5)
Defences to Discrimination Claims: Sex and Race	67	(3)
Claims Relating to Other Aspects of Employment: Disability	70	(2)
Defences to Discrimination: Disability	72	(1)
Bringing a Complaint of Discrimination on Grounds of Sex, Race, or Disability Discrimination: Recommendations for Employees	73	(2)
General Recommendations to Employers	75	(2)
Rights on Maternity and Adoption	77	(20)
Antenatal care and right to be paid during a suspension on maternity grounds	77	(1)
Right to ordinary maternity or adoption leave	77	(1)
Right to additional maternity or adoption leave	78	(1)
Other rights relating to pregnancy/adoption	78	(1)
Statutory maternity pay (SMP) and statutory adoption pay (SAP)	79	(1)
Contractual and statutory rights	79	(1)
Checklists
Antenatal care	79	(2)
Right to be Paid during a Suspension on Maternity Grounds	81	(1)
Maternity Leave and Pay---Relevant Terms	82	(1)
Right to Maternity Leave	82	(7)
Relevant Terms for Adoption Leave	89	(1)
Right to Adoption Leave	89	(4)
Statutory Maternity and Adoption Pay	93	(3)
Contracting Out	96	(1)
Family Friendly Rights	97	(18)
Paternity leave	97	(1)
Parental leave	97	(1)
Time off for dependants	97	(1)
Right to request flexible working	97	(1)
Rights of part-time workers	98	(1)
Checklists
Right to Paternity leave	98	(3)
Right to Parental Leave	101	(3)
Right to Time Off for Dependants	104	(2)
Right to Request Flexible Working	106	(5)
Rights of Part-Time Workers	111	(4)
Industrial Action	115	(20)
Checklists
What is a Legitimate Trade Dispute?	116	(3)
The Ballot	119	(3)
Industrial Action	122	(3)
Is the Employee in Breach of Contract?	125	(1)
Employer's Possible Remedies	126	(3)
Third Party Remedies	129	(1)
Picketing	129	(3)
Injunctions	132	(3)
Union Recognition	135	(24)
Recognition	135	(1)
De-recognition	136	(1)
Checklists
General Consequences of Recognition	137	(1)
Voluntary Recognition	137	(1)
Preliminary Statutory Requirements for Compulsory Recognition	138	(2)
Application to CAC	140	(1)
The Appropriate Bargaining Unit	141	(1)
The Recognition Decision	142	(2)
Determining the Terms of the Collective Agreement	144	(1)
Consequences of Statutory Recognition	144	(1)
Flow Charts: Recognition Process	144	(1)
Varying the Recognition Arrangements	145	(4)
Termination of Recognition because Bargaining Unit has Ceased to Exist	149	(1)
Where New Bargaining Unit is determined by CAC	150	(1)
Flow Chart: Variation or Termination of Bargaining Unit	150	(2)
Flow Chart: Where New Business Unit is Imposed by CAC	152	(1)
De-recognition	152	(3)
Flow Chart: De-recognition	155	(1)
Victimization/Dismissal	155	(3)
Appeal	158	(1)
Dismissal	159	(78)
Wrongful dismissal	159	(1)
Unfair dismissal	160	(1)
Grounds for dismissal	161	(1)
Procedure	162	(1)
Remedies	162	(1)
Court procedure	163	(1)
Checklists
Wrongful Dismissal	163	(9)
Unfair Dismissal: General Checklist	172	(2)
Unfair Dismissal: Basic Information	174	(6)
Dismissal	180	(2)
Reason for Dismissal	182	(5)
Misconduct	187	(3)
Incompetence	190	(2)
Ill Health	192	(3)
Dismissal on Automatically Unfair Grounds	195	(10)
Other Reasons for Dismissal	205	(2)
Procedure	207	(7)
Stress Issues	214	(1)
Remedies I: Reinstatement and Re-engagement	215	(3)
Remedies II: Compensation	218	(5)
Damages for Wrongful Dismissal	223	(3)
Method of Calculation of Damages	226	(1)
Personal Injuries	227	(4)
Making/Defending a Claim	231	(4)
Flow Charts	235	(2)
Redundancy	237	(24)
When is a person redundant?	237	(1)
Selection of those employees to be made redundant	238	(1)
Consultation	238	(1)
Alternative employment	239	(1)
Calculation of redundancy payment	240	(1)
Checklists
Procedure for Selection of People for Redundancy: Practical Steps	241	(1)
Initial Considerations	242	(1)
Selection Criteria	243	(2)
Consultation with Employee Representatives	245	(3)
Notification to Department of Trade and Industry	248	(1)
Alternative Employment	248	(1)
Consultation with Individual Employees	249	(2)
Making the Decision	251	(1)
Special Provisions Relating to those Absent on Maternity Leave	252	(1)
Entitlement to a Redundancy Payment	253	(1)
Amount of Redundancy Payment	254	(2)
Enhanced Redundancy Schemes	256	(1)
Practical Arrangements	257	(1)
Appendix: Ready Reckoner for Calculating the Number of Weeks' Pay Due	258	(3)
Transfer of Undertakings	261	(14)
Definition of `transfer' and `undertaking'	261	(1)
Which employees?	261	(1)
What protection	262	(1)
Trade unions	263	(1)
Duty to inform and consult	263	(1)
Checklists
Application of the Regulations	264	(2)
To Whom do the Regulations Apply?	266	(2)
`Hiving Down'	268	(1)
Effect of the Transfer	268	(4)
Consultation with Representatives	272	(2)
Practical Considerations and Summary	274	(1)
Data Protection and Privacy Issues	275	(12)
Data protection: A brief overview of the law and when it came into force	275	(1)
Definitions under the DPA	275	(1)
Purpose of the DPA	276	(1)
Guidance for employers on the DPA	276	(1)
Checklists
The Employer's Obligations	276	(3)
The Practical Effect for Employers	279	(1)
Data Protection Management for Employers	280	(1)
Recruitment	281	(1)
Retention of Documents	282	(1)
Monitoring Communication	282	(1)
Employee's Rights	283	(2)
Right to Privacy	285	(2)
Future Employment Law Changes	287	(10)
Checklists
New Pension Proposals	287	(1)
New Disciplinary and Grievance Procedures	288	(5)
National Works Councils	293	(1)
Further Amendments to the SDA and DDA	294	(1)
Age Discrimination	295	(2)
Tables of Recent Tribunal Awards	297	(26)
Disability Discrimination	297	(4)
Sex Discrimination	301	(13)
Race Discrimination	314	(9)
Index	323