Pub Date : 2021-08-05DOI: 10.1093/he/9780198871323.003.0004
M. Jefferson
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on ss 4–12 Equality Act 2010. The Act protects people from discrimination in relation to nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It also protects people from discrimination by association with someone who has one of the protected characteristics and from discrimination by perception (eg discrimination because of sexual orientation includes discrimination against those one perceives to be gay, even if they are not).
{"title":"4. Discrimination","authors":"M. Jefferson","doi":"10.1093/he/9780198871323.003.0004","DOIUrl":"https://doi.org/10.1093/he/9780198871323.003.0004","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on ss 4–12 Equality Act 2010. The Act protects people from discrimination in relation to nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It also protects people from discrimination by association with someone who has one of the protected characteristics and from discrimination by perception (eg discrimination because of sexual orientation includes discrimination against those one perceives to be gay, even if they are not).","PeriodicalId":268408,"journal":{"name":"Employment Law Concentrate","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128623704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-01DOI: 10.1093/HE/9780198815167.003.0009
M. Jefferson
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on unfair dismissal. The principal cases are discussed in full. It is easy to get lost in the mass of case law and concentration must be kept on the statute and these leading cases. The employer must demonstrate that the reason for the dismissal relates to capability or qualifications, conduct, a statutory ban, or some other substantial reason of a kind to justify the dismissal. An employer must act reasonably in treating a reason as sufficient for dismissal. This is the famous ‘range of reasonable responses’ test. It should be guided by the ACAS Code of Practice 2015 and must follow contractual procedures. The remedies for unfair dismissal include re-employment or compensation.
{"title":"9. Unfair dismissal","authors":"M. Jefferson","doi":"10.1093/HE/9780198815167.003.0009","DOIUrl":"https://doi.org/10.1093/HE/9780198815167.003.0009","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on unfair dismissal. The principal cases are discussed in full. It is easy to get lost in the mass of case law and concentration must be kept on the statute and these leading cases. The employer must demonstrate that the reason for the dismissal relates to capability or qualifications, conduct, a statutory ban, or some other substantial reason of a kind to justify the dismissal. An employer must act reasonably in treating a reason as sufficient for dismissal. This is the famous ‘range of reasonable responses’ test. It should be guided by the ACAS Code of Practice 2015 and must follow contractual procedures. The remedies for unfair dismissal include re-employment or compensation.","PeriodicalId":268408,"journal":{"name":"Employment Law Concentrate","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131588326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-01DOI: 10.1093/he/9780198759157.003.0010
Michael Jefferson
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on redundancy. Employees are considered redundant if the employer has ceased or intends to cease carrying on the business for the purposes for which the employees were employed, or in the place where they are employed there has been, or will be, a diminution in the need for work of a particular kind. The burden of proof is on the employer to show that any offer of alternative employment was suitable and that any refusal by the employee was unreasonable. The size of a redundancy payment depends upon the employee’s age, length of service, and the amount of a week’s pay.
{"title":"10. Redundancy","authors":"Michael Jefferson","doi":"10.1093/he/9780198759157.003.0010","DOIUrl":"https://doi.org/10.1093/he/9780198759157.003.0010","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on redundancy. Employees are considered redundant if the employer has ceased or intends to cease carrying on the business for the purposes for which the employees were employed, or in the place where they are employed there has been, or will be, a diminution in the need for work of a particular kind. The burden of proof is on the employer to show that any offer of alternative employment was suitable and that any refusal by the employee was unreasonable. The size of a redundancy payment depends upon the employee’s age, length of service, and the amount of a week’s pay.","PeriodicalId":268408,"journal":{"name":"Employment Law Concentrate","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131407084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-01DOI: 10.1093/HE/9780198815167.003.0006
M. Jefferson
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on parental rights. Topics covered include maternity leave, parental leave, time off for dependants, the right to request flexible working, and the new right of parents to bereavement leave. The right to shared parental leave (SPL) is singled out for detailed treatment, partly because it is fairly new, and partly because, some would say, it exemplifies an old-fashioned approach to sex equality when caring for newborns. The option as to whether her partner can share in SPL is for the mother to decide; the mother may receive (by contract) enhanced maternity pay, but there is no enhanced SPL. The effect is to reinforce the mother’s staying at home because if she goes back to work, the family will lose most of the partner’s income because the rate of pay for SPL is low, around £151 a week. The latter point is arguably sex discrimination, and, during the currency of this book, the Employment Appeal Tribunal will decide this issue (at the time of writing employment tribunals are split).
{"title":"6. Parental rights","authors":"M. Jefferson","doi":"10.1093/HE/9780198815167.003.0006","DOIUrl":"https://doi.org/10.1093/HE/9780198815167.003.0006","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on parental rights. Topics covered include maternity leave, parental leave, time off for dependants, the right to request flexible working, and the new right of parents to bereavement leave. The right to shared parental leave (SPL) is singled out for detailed treatment, partly because it is fairly new, and partly because, some would say, it exemplifies an old-fashioned approach to sex equality when caring for newborns. The option as to whether her partner can share in SPL is for the mother to decide; the mother may receive (by contract) enhanced maternity pay, but there is no enhanced SPL. The effect is to reinforce the mother’s staying at home because if she goes back to work, the family will lose most of the partner’s income because the rate of pay for SPL is low, around £151 a week. The latter point is arguably sex discrimination, and, during the currency of this book, the Employment Appeal Tribunal will decide this issue (at the time of writing employment tribunals are split).","PeriodicalId":268408,"journal":{"name":"Employment Law Concentrate","volume":"5 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130302477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-01DOI: 10.1093/HE/9780198815167.003.0005
M. Jefferson
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the provisions of the Equality Act 2010. Applicants for jobs must not be asked about their health or disability in the recruitment process. Prohibited conduct refers to direct and indirect discrimination, harassment, and victimisation. Segregation on racial grounds is also prohibited. In addition, there is no minimum period of employment needed before one can make a discrimination claim.
{"title":"5. Discrimination at work, prohibited conduct, and enforcement","authors":"M. Jefferson","doi":"10.1093/HE/9780198815167.003.0005","DOIUrl":"https://doi.org/10.1093/HE/9780198815167.003.0005","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the provisions of the Equality Act 2010. Applicants for jobs must not be asked about their health or disability in the recruitment process. Prohibited conduct refers to direct and indirect discrimination, harassment, and victimisation. Segregation on racial grounds is also prohibited. In addition, there is no minimum period of employment needed before one can make a discrimination claim.","PeriodicalId":268408,"journal":{"name":"Employment Law Concentrate","volume":"315 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133694166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-01DOI: 10.1093/he/9780198815167.003.0002
M. Jefferson
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Covenants potentially in restraint of trade are express written terms which may apply during the contract, but are usually expressed to apply after termination. They are a rare illustration of contractual terms, which must be in writing. The general purpose of these is to prevent a former employee competing against his former employers; for example, by taking commercially confidential information or influencing customers to give their business to the firm he has joined. The Supreme Court has recently ruled on the width of the doctrine of severance of such covenants. Topics covered include the provision of the written statement, a right which employees have enjoyed since 1963, but which was extended to workers in 2020; the sources of terms in employment contracts; duties of the employer; and duties of the employee. These duties or implied terms are divided into terms implied in law (ie inserted into every contract of employment) and terms implied in fact (ie inserted into a particular contract of employment). The latter are divided into terms implied in fact which work against the employers’ interests and terms which work against the employees’ interests. Examples of the former include the duty to pay wages; examples of the latter include the duty to obey reasonable orders.
{"title":"2. Contracts of employment","authors":"M. Jefferson","doi":"10.1093/he/9780198815167.003.0002","DOIUrl":"https://doi.org/10.1093/he/9780198815167.003.0002","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Covenants potentially in restraint of trade are express written terms which may apply during the contract, but are usually expressed to apply after termination. They are a rare illustration of contractual terms, which must be in writing. The general purpose of these is to prevent a former employee competing against his former employers; for example, by taking commercially confidential information or influencing customers to give their business to the firm he has joined. The Supreme Court has recently ruled on the width of the doctrine of severance of such covenants. Topics covered include the provision of the written statement, a right which employees have enjoyed since 1963, but which was extended to workers in 2020; the sources of terms in employment contracts; duties of the employer; and duties of the employee. These duties or implied terms are divided into terms implied in law (ie inserted into every contract of employment) and terms implied in fact (ie inserted into a particular contract of employment). The latter are divided into terms implied in fact which work against the employers’ interests and terms which work against the employees’ interests. Examples of the former include the duty to pay wages; examples of the latter include the duty to obey reasonable orders.","PeriodicalId":268408,"journal":{"name":"Employment Law Concentrate","volume":"310 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129036393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-01DOI: 10.1093/HE/9780198815167.003.0001
M. Jefferson
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of employment status. Topics covered include the reasons for distinguishing employees from other types of worker; statutory definitions of employee and worker; and the courts’ and tribunals’ approach to identifying employees. The tests for employment status are stated, concentrating on mutuality of obligations and personal service. Discussion centres on zero hours contracts, agency workers, and the gig economy.
{"title":"1. Employment status","authors":"M. Jefferson","doi":"10.1093/HE/9780198815167.003.0001","DOIUrl":"https://doi.org/10.1093/HE/9780198815167.003.0001","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of employment status. Topics covered include the reasons for distinguishing employees from other types of worker; statutory definitions of employee and worker; and the courts’ and tribunals’ approach to identifying employees. The tests for employment status are stated, concentrating on mutuality of obligations and personal service. Discussion centres on zero hours contracts, agency workers, and the gig economy.","PeriodicalId":268408,"journal":{"name":"Employment Law Concentrate","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125341132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-01DOI: 10.1093/HE/9780198815167.003.0011
M. Jefferson
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses continuous employment and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). An employee’s period of continuous employment begins on the day on which the employee starts work. Although continuity provisions normally apply to employment by one employer, there are situations where a transfer from one employer to another can preserve continuity of employment. One such situation is when there is a relevant transfer under TUPE. TUPE acts to ensure that an individual’s contract of employment is transferred in its entirety when the individual employee experiences a change of employer as a result of a transfer.
{"title":"11. Continuity of employment and TUPE","authors":"M. Jefferson","doi":"10.1093/HE/9780198815167.003.0011","DOIUrl":"https://doi.org/10.1093/HE/9780198815167.003.0011","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses continuous employment and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). An employee’s period of continuous employment begins on the day on which the employee starts work. Although continuity provisions normally apply to employment by one employer, there are situations where a transfer from one employer to another can preserve continuity of employment. One such situation is when there is a relevant transfer under TUPE. TUPE acts to ensure that an individual’s contract of employment is transferred in its entirety when the individual employee experiences a change of employer as a result of a transfer.","PeriodicalId":268408,"journal":{"name":"Employment Law Concentrate","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127550652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-01DOI: 10.1093/he/9780198815167.003.0008
M. Jefferson
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses variations of terms and conditions of employment. Theoretically, neither employer nor employee can unilaterally alter the terms and conditions of employment. A unilateral variation that is not accepted will constitute a breach and, if serious, could amount to a repudiation of the contract. A repudiation does not automatically terminate a contract of employment. In order to justify summary dismissal, the employee must be in breach of an important express or implied term of the contract.
{"title":"8. Variation, breach, and termination of employment","authors":"M. Jefferson","doi":"10.1093/he/9780198815167.003.0008","DOIUrl":"https://doi.org/10.1093/he/9780198815167.003.0008","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses variations of terms and conditions of employment. Theoretically, neither employer nor employee can unilaterally alter the terms and conditions of employment. A unilateral variation that is not accepted will constitute a breach and, if serious, could amount to a repudiation of the contract. A repudiation does not automatically terminate a contract of employment. In order to justify summary dismissal, the employee must be in breach of an important express or implied term of the contract.","PeriodicalId":268408,"journal":{"name":"Employment Law Concentrate","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134278442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-01DOI: 10.1093/HE/9780198815167.003.0007
M. Jefferson
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the Working Time Regulations 1998 (WTR). The WTR implement the Working Time Directive 1993 and parts of the Young Workers Directive 1994. The WTR impose a maximum 48-hour week during a 17-week reference period and provide rules on night work, rest periods, and annual leave. The UK has opted out of the maximum 48-hour working week. It was the sole European Union Member State to do so. On Brexit, the WTR are one of the areas which may come under attack from neoliberals.
{"title":"7. Working time","authors":"M. Jefferson","doi":"10.1093/HE/9780198815167.003.0007","DOIUrl":"https://doi.org/10.1093/HE/9780198815167.003.0007","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the Working Time Regulations 1998 (WTR). The WTR implement the Working Time Directive 1993 and parts of the Young Workers Directive 1994. The WTR impose a maximum 48-hour week during a 17-week reference period and provide rules on night work, rest periods, and annual leave. The UK has opted out of the maximum 48-hour working week. It was the sole European Union Member State to do so. On Brexit, the WTR are one of the areas which may come under attack from neoliberals.","PeriodicalId":268408,"journal":{"name":"Employment Law Concentrate","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123022535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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