Preface

(8)

Table of statutes

xiii

(12)

Table of statutory instruments

xxv

(4)

Table of cases

xxix

Chapter 1 Introduction

(14)

The historical perspective

(2)

The general principles

(2)

Employees

(1)

Continuity of employment

(1)

Continuity of employment and the change of employer

(1)

Dismissal

(1)

Redundancy

(1)

Unfair dismissal

(3)

Discrimination

(1)

The machinery of enforcement

(1)

The United Kingdom dimension

(2)

Chapter 2 European law

(12)

Introduction

(1)

Background

(3)

Effect of European law on employment law

(1)

Interpreting national law

(1)

Direct enforceability

(1)

Failure to implement European law

(1)

`Vertical' and `horizontal' enforcement

(1)

Imperfect implementation

(1)

Actions against the state for failure to transpose European obligations into national law

(1)

Judicial review

(1)

Time when European obligations take effect

(2)

Jurisdiction of industrial tribunals

(1)

Procedural rules

(1)

Chapter 3 Definition and formation of contracts of employment

(16)

Introduction

(1)

Contract and statute

(1)

Formation of the contract

(1)

Illegality

(1)

Terms of the contract

(1)

The changing nature of the job

(1)

General implied terms

(1)

Collective agreements

(1)

Employed or self-employed

(4)

Forms of contracts of employment

(1)

Parties to the contract

(7)

Chapter 4 Remuneration

(24)

Introduction

(1)

Remuneration and time off

(1)

A contractual right or a concession

(1)

Reduction in pay

(1)

Pay increases

(1)

Payment and industrial action short of going on strike

(1)

Collective agreements

(1)

Itemised pay statements

(2)

Suspension

(4)

Lay-off and short-time

(2)

Guarantee payments

(4)

Sickness

(3)

Holidays

(4)

Chapter 5 Equal pay

(16)

Introduction

(1)

Sources of the law

(1)

The law of the European Union

(1)

Equal Pay Act 1970

(6)

The material factor defence

(3)

Effect of the equality clause

(3)

Special circumstances

(1)

Complaints to industrial tribunals

(1)

Time limit

(1)

Other provisions

(2)

Chapter 6 Unlawful deductions from wages

(14)

Introduction

(1)

General

(1)

Authorised deductions

(1)

Deductions

(1)

Exclusions

(1)

Wages

(2)

Retail employment

(3)

Enforcement

(5)

Chapter 7 Discrimination (including pregnancy)

(64)

Introduction

(1)

Discrimination and the European dimension

(1)

Identifying discrimination

(1)

Statistical evidence

100

(1)

Burden of proof

101

(1)

Establishing direct discrimination

101

(1)

Discrimination on grounds of sex and marital status

102

(19)

Discrimination on grounds of race, colour, nationality or ethnic origins

121

(9)

Enforcement

130

(3)

Maternity issues

133

(7)

Rights of the pregnant woman during her absence from work

140

(4)

Disability

144

(17)

Chapter 8 Pensions

161

(12)

Introduction

161

(1)

From philanthropy to contractual obligation

161

(1)

Tax incentives

162

(1)

State pension provision

162

(1)

Occupational pension schemes

163

(4)

Compensation for loss of pension rights on dismissal

167

(1)

Pensions and sex equality

168

(1)

Summary of options

169

(4)

Chapter 9 Written particulars of terms of employment

173

(12)

Introduction

173

(1)

Application of the requirement

173

(3)

Written particulars of employment

176

(3)

Changes in terms

179

(2)

Contracting out of provision of written particulars

181

(1)

Effect of the written particulars

181

(1)

Enforcement

182

(3)

Chapter 10 The employee's duty of good faith

185

(18)

Introduction

185

(1)

Duty of fidelity and duty to account

185

(2)

Duty not to profit from information and not to compete with employer whilst the contract of employment subsists

187

(1)

Duty to protect employer's interest

188

(1)

Duty of confidentiality

189

(4)

Restrictive agreements

193

(8)

Inventions, copyright and registered designs

201

(2)

Chapter 11 Continuity of employment and a week's pay

203

(20)

Introduction

203

(1)

Continuity of employment

204

(2)

Weeks which count

206

(9)

Special provisions

215

(1)

Change of employer

216

(2)

A week's pay

218

(5)

Chapter 12 Transfers of undertakings

223

(14)

Introduction

223

(1)

The Transfer of Undertakings Regulations

223

(4)

Chapter 13 Termination of employment

237

(30)

Introduction

237

(1)

Performance

238

(1)

Agreement

239

(1)

Dismissal or resignation

240

(1)

Voluntary redundancy and consensual termination

240

(1)

Circumventing the protection

240

(1)

Frustration and supervening impossibility of performance

241

(6)

Consequences of termination of the contract by frustration or supervening impossibility

247

(1)

Termination by notice

247

(5)

Repudiation and wrongful dismissal

252

(4)

Insolvency of the employer

256

(1)

Written statement of reasons for dismissal

257

(2)

Employee's remedies on breach of contract

259

(4)

Equitable remedies

263

(2)

Action short of dismissal

265

(2)

Chapter 14 Trade union and related rights

267

(20)

Introduction

267

(1)

Trade union membership and activities

268

(9)

Dismissals during industrial action

277

(5)

Health and safety

282

(2)

Employee representatives

284

(3)

Chapter 15 Unfair dismissal

287

(66)

Introduction

287

(1)

Those who are and are not protected by the unfair dismissal provisions

288

(8)

Dismissal

296

(11)

Reasons for dismissal

307

(5)

General provisions as to fairness

312

(19)

Complaints to industrial tribunals

331

(4)

Remedies for unfair dismissal

335

(18)

Chapter 16 Redundancy

353

(54)

Introduction

353

(3)

Employees with two years' or more continuous service

356

(3)

Exclusions, exemptions and special cases

359

(5)

Dismissal

364

(2)

Redundancy

366

(11)

Lay-off and short-time

377

(3)

Loss and/or reduction of the redundancy payment

380

(4)

Loss of the redundancy payment in whole or in part - other cases

384

(4)

Death of employee or employer

388

(2)

Redundancy payments

390

(2)

Time off to look for work or make arrangements for training

392

(1)

Claims for redundancy payments

393

(3)

Claims against the National Insurance Fund

396

(2)

Procedure for handling redundancies

398

(8)

Miscellaneous provisions relating to redundancy

406

(1)

Chapter 17 Insolvency, calculation of composite claims on termination of employment and taxation

407

(16)

Introduction

407

(1)

The effect of insolvency on an employee's claims

407

(1)

Claims against the National Insurance Fund

408

(3)

Composite claims

411

(5)

Taxation

416

(7)

Chapter 18 Conciliation and industrial tribunals

423

(56)

Introduction

423

(1)

Industrial tribunals

424

(5)

Conciliation

429

(2)

The originating application

431

(6)

Appearance by the respondent

437

(2)

Interlocutory matters

439

(7)

Pre-hearing reviews

446

(1)

Other preliminary matters

447

(4)

Striking out

451

(1)

The hearing

452

(8)

Costs

460

(2)

Death of a party

462

(1)

The decision

463

(3)

Review

466

(4)

Equal value claims

470

(7)

Scotland

477

(2)

Chapter 19 Appeals from industrial tribunals

479

(28)

Introduction

479

(1)

Employment Appeal Tribunal

479

(3)

Grounds of appeal

482

(5)

Procedure

487

(11)

Preparation for the hearing

498

(2)

Listing

500

(1)

The hearing

501

(6)

Appendix 1 Checklists

507

(22)

On engagement

507

(2)

Preparation of written statement of terms of employment

509

(1)

Constructive dismissal

510

(2)

Time limits

512

(2)

Handling redundancies

514

(1)

Claims for redundancy payments

515

(3)

Claims for unfair dismissal

518

(3)

Other claims to tribunals

521

(2)

Claims of direct sex and race discrimination

523

(1)

Claims of indirect sex and race discrimination

524

(1)

Claims of disability discrimination

524

(1)

Addresses of Industrial Tribunal Offices

525

(1)

Preparation of proceedings

526

(1)

Interlocutory matters

527

(1)

Advocate's checklist

527

(1)

Appeals to Employment Appeal Tribunal

527

(2)

Appendix 2 Precedents

529

(88)

Specimen service agreement (with variations as to remuneration)

529

(6)

Statements of terms and conditions of employment

535

(10)

Rules as to absence due to sickness and injury, holidays and disciplinary and grievance procedures

545

(6)

Forms applicable in circumstances of redundancy

551

(8)

Letters of use on transfers of undertakings

559

(2)

Letters relating to disciplinary meetings

561

(3)

Pleadings

564

(33)

Applications in connection with tribunal proceedings

597

(10)

Appeals to the Employment Appeal Tribunal

607

(3)

Pleadings in connection with county court proceedings

610

(7)

Appendix 3 Codes of practice

617

(82)

ACAS Code of Practice 1: Disciplinary Practice and Procedures in Employment

617

(4)

Commission for Racial Equality: Code of Practice for the Elimination of Racial Discrimination and the Promotion of Equality of Opportunity in Employment

621

(13)

Equal Opportunities Commission: Code of Practice for the Elimination of Discrimination on the Grounds of Sex and Marriage and the Promotion of Equality of Opportunity in Employment

634

(9)

ACAS Code of Practice: Time off for Trade Union Duties and Activities

643

(7)

Code of Practice for the Elimination of Discrimination in the Field of Employment Against Disabled Persons or Persons who have a Disability

650

(37)

Guidance on Matters to be taken into Account in Determining Questions Relating to the Definition of Disability

687

(12)

Appendix 4 Aids to calculation of redundancy payments and compensation for unfair dismissal

699

(8)

Redundancy payment calculator

699

(1)

Unfair dismissal - calculation of the basic award

700

(1)

Unfair dismissal - calculation of pension loss

701

(5)

Unfair dismissal - compensation calculator

706

(1)

Index

707

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Contracts of Employment

9780406011466

040601146X

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