Pub Date : 2018-09-01DOI: 10.1093/HE/9780198813149.003.0005
D. Cabrelli
This chapter examines the nature and content of the contract of employment. It explains how the contract of employment is primarily a repository for the rights and obligations of the employer and employee. It introduces the statutory duty of an employer to provide the employee with a statement of the main particulars of employment, and considers whether this statement is exhaustive of the terms and conditions of the contract of employment. In analysing the employment contract’s content, the chapter focuses on express terms, external documents incorporated into the contract of employment, imposed terms, and implied terms in fact.
{"title":"5. The Nature and Content of the Personal Employment Contract","authors":"D. Cabrelli","doi":"10.1093/HE/9780198813149.003.0005","DOIUrl":"https://doi.org/10.1093/HE/9780198813149.003.0005","url":null,"abstract":"This chapter examines the nature and content of the contract of employment. It explains how the contract of employment is primarily a repository for the rights and obligations of the employer and employee. It introduces the statutory duty of an employer to provide the employee with a statement of the main particulars of employment, and considers whether this statement is exhaustive of the terms and conditions of the contract of employment. In analysing the employment contract’s content, the chapter focuses on express terms, external documents incorporated into the contract of employment, imposed terms, and implied terms in fact.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121766799","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 : 2018-09-01DOI: 10.1093/he/9780198813149.003.0009
D. Cabrelli
This chapter analyses the statutory employment ‘family-friendly’ rights contained in the Employment Rights Act 1996 and the subordinate legislation which has a bearing on the work–life balance of employees, workers, and other individuals providing personal services. These include the protection of pregnant workers, and the statutory arrangements for maternity leave and maternity pay. It also examines family-friendly measures which seek to achieve a more equal division of family responsibilities between couples, such as the statutory rights to shared parental leave, paternity leave, adoption leave, and parental leave, as well as the rights to request flexible working and to take time off work to deal with dependants.
{"title":"9. Work–Life Balance","authors":"D. Cabrelli","doi":"10.1093/he/9780198813149.003.0009","DOIUrl":"https://doi.org/10.1093/he/9780198813149.003.0009","url":null,"abstract":"This chapter analyses the statutory employment ‘family-friendly’ rights contained in the Employment Rights Act 1996 and the subordinate legislation which has a bearing on the work–life balance of employees, workers, and other individuals providing personal services. These include the protection of pregnant workers, and the statutory arrangements for maternity leave and maternity pay. It also examines family-friendly measures which seek to achieve a more equal division of family responsibilities between couples, such as the statutory rights to shared parental leave, paternity leave, adoption leave, and parental leave, as well as the rights to request flexible working and to take time off work to deal with dependants.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114337854","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 : 2018-09-01DOI: 10.1093/HE/9780198813149.003.0024
D. Cabrelli
This chapter examines the law of trade disputes and industrial action in the UK, i.e. the law which regulates action taken by members of a trade union which imposes restrictions upon employers when collective relations between the employer and the workforce have broken down. The position is analysed in the context of the legality of industrial action in European law and under the European Convention on Human Rights....
{"title":"Online Resources Chapter D: Industrial Action and Statutory Immunities","authors":"D. Cabrelli","doi":"10.1093/HE/9780198813149.003.0024","DOIUrl":"https://doi.org/10.1093/HE/9780198813149.003.0024","url":null,"abstract":"This chapter examines the law of trade disputes and industrial action in the UK, i.e. the law which regulates action taken by members of a trade union which imposes restrictions upon employers when collective relations between the employer and the workforce have broken down. The position is analysed in the context of the legality of industrial action in European law and under the European Convention on Human Rights....","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114961380","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 : 2018-09-01DOI: 10.1093/HE/9780198813149.003.0021
D. Cabrelli
This chapter evaluates the degree to which employment law facilitates worker participation in corporate decision-making and confers rights upon workers to be informed and consulted about developments in their employer’s business and strategic operations, at both cross-border and national levels. The chapter presents arguments advanced in favour of worker participation, before going on to note how the scope of application of workers’ rights of participation, information, and consultation has expanded over the years—partially in response to the decline in collective bargaining and the power of the trade unions in the UK over the past 40 years or so. Finally, the rights of employees where their employer becomes insolvent or enters into an ...
{"title":"Online Resources Chapter A: Information, Consultation, Participation, and Insolvency","authors":"D. Cabrelli","doi":"10.1093/HE/9780198813149.003.0021","DOIUrl":"https://doi.org/10.1093/HE/9780198813149.003.0021","url":null,"abstract":"This chapter evaluates the degree to which employment law facilitates worker participation in corporate decision-making and confers rights upon workers to be informed and consulted about developments in their employer’s business and strategic operations, at both cross-border and national levels. The chapter presents arguments advanced in favour of worker participation, before going on to note how the scope of application of workers’ rights of participation, information, and consultation has expanded over the years—partially in response to the decline in collective bargaining and the power of the trade unions in the UK over the past 40 years or so. Finally, the rights of employees where their employer becomes insolvent or enters into an ...","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123620308","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 : 2018-09-01DOI: 10.1093/he/9780198813149.003.0023
D. Cabrelli
The statutory machinery for the recognition of trade unions is explored in this chapter. The purpose of recognition and the rights of recognized trade unions are elaborated upon, before the chapter goes on to address the role and effectiveness of collective bargaining within an industrial democratic framework. Finally, the status of collective agreements is considered....
{"title":"Online Resources Chapter C: Recognition of Trade Unions, Collective Bargaining, and Industrial Democracy","authors":"D. Cabrelli","doi":"10.1093/he/9780198813149.003.0023","DOIUrl":"https://doi.org/10.1093/he/9780198813149.003.0023","url":null,"abstract":"The statutory machinery for the recognition of trade unions is explored in this chapter. The purpose of recognition and the rights of recognized trade unions are elaborated upon, before the chapter goes on to address the role and effectiveness of collective bargaining within an industrial democratic framework. Finally, the status of collective agreements is considered....","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124494269","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 : 2018-09-01DOI: 10.1093/he/9780198813149.003.0006
D. Cabrelli
This chapter first discusses the role played by implied terms of the employment contract. It then turns to the implied terms which impose obligations on the employer. These include the duty to provide work, pay wages, exercise reasonable care for the physical and psychiatric well-being of the employee; the implied term of mutual trust and confidence; and the discretionary benefit implied term and anti-avoidance implied term. The final section covers the implied terms imposing duties on employees. These include the duty to work and obey instructions and orders; the duty to adapt, exercise care, and co-operate; the duty of mutual trust and confidence; and the duty of loyalty, fidelity, and confidence.
{"title":"6. The Implied Terms of the Personal Employment Contract","authors":"D. Cabrelli","doi":"10.1093/he/9780198813149.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780198813149.003.0006","url":null,"abstract":"This chapter first discusses the role played by implied terms of the employment contract. It then turns to the implied terms which impose obligations on the employer. These include the duty to provide work, pay wages, exercise reasonable care for the physical and psychiatric well-being of the employee; the implied term of mutual trust and confidence; and the discretionary benefit implied term and anti-avoidance implied term. The final section covers the implied terms imposing duties on employees. These include the duty to work and obey instructions and orders; the duty to adapt, exercise care, and co-operate; the duty of mutual trust and confidence; and the duty of loyalty, fidelity, and confidence.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"155 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115865348","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 : 2018-09-01DOI: 10.1093/HE/9780198813149.003.0002
D. Cabrelli
This chapter examines the principal sources and institutions of labour law in the UK. It discusses the relationship between the common law and employment protection legislation; the significance of Codes of Practice; the importance and extent of EU competence in the field of social policy and the potential impact of Brexit; informal sources of regulation and the institutional framework of employment law. The institutions that provide support for employment law are then considered, including the employment tribunals and the courts, and bodies such as the EHRC and ACAS. The chapter goes on to discuss the importance of EU law and human rights regulation to the discipline of labour law and also the influence of international labour standards.
{"title":"2. Sources and Institutions of Employment Law","authors":"D. Cabrelli","doi":"10.1093/HE/9780198813149.003.0002","DOIUrl":"https://doi.org/10.1093/HE/9780198813149.003.0002","url":null,"abstract":"This chapter examines the principal sources and institutions of labour law in the UK. It discusses the relationship between the common law and employment protection legislation; the significance of Codes of Practice; the importance and extent of EU competence in the field of social policy and the potential impact of Brexit; informal sources of regulation and the institutional framework of employment law. The institutions that provide support for employment law are then considered, including the employment tribunals and the courts, and bodies such as the EHRC and ACAS. The chapter goes on to discuss the importance of EU law and human rights regulation to the discipline of labour law and also the influence of international labour standards.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129556730","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 : 2018-09-01DOI: 10.1093/HE/9780198813149.003.0015
D. Cabrelli
This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.
{"title":"15. Wrongful Dismissal","authors":"D. Cabrelli","doi":"10.1093/HE/9780198813149.003.0015","DOIUrl":"https://doi.org/10.1093/HE/9780198813149.003.0015","url":null,"abstract":"This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133489791","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 : 2018-09-01DOI: 10.1093/he/9780198813149.003.0010
D. Cabrelli
This chapter examines the pros and cons of interfering in the labour market via the promulgation of anti-discrimination laws. It evaluates the basic theoretical constructs which are relevant to a proper understanding of anti-discrimination law in the UK and the EU, including the possible policy responses (e.g. the distinction between formal equality and substantive equality). It briefly assesses the historical development of anti-discrimination laws in the workplace, and then analyses key statutory concepts such as direct discrimination, indirect discrimination, harassment, and sexual harassment. Finally, the chapter considers victimization—an important issue since there is little purpose in statutory concepts if the employer can intimidate the employee, thus preventing him/her from bringing or continuing proceedings on one of these bases and/or by subjecting him/her to retaliation.
{"title":"10. Introduction to Employment Equality Law","authors":"D. Cabrelli","doi":"10.1093/he/9780198813149.003.0010","DOIUrl":"https://doi.org/10.1093/he/9780198813149.003.0010","url":null,"abstract":"This chapter examines the pros and cons of interfering in the labour market via the promulgation of anti-discrimination laws. It evaluates the basic theoretical constructs which are relevant to a proper understanding of anti-discrimination law in the UK and the EU, including the possible policy responses (e.g. the distinction between formal equality and substantive equality). It briefly assesses the historical development of anti-discrimination laws in the workplace, and then analyses key statutory concepts such as direct discrimination, indirect discrimination, harassment, and sexual harassment. Finally, the chapter considers victimization—an important issue since there is little purpose in statutory concepts if the employer can intimidate the employee, thus preventing him/her from bringing or continuing proceedings on one of these bases and/or by subjecting him/her to retaliation.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131522244","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 : 2018-09-01DOI: 10.1093/he/9780198813149.003.0003
D. Cabrelli
This chapter analyses the various tests adopted by the courts and tribunals to distinguish between the contract of employment and the contract for services. It considers the history of employment, moving from a master and servant arrangement to the emergence of the ‘mutual’ or ‘reciprocal’ contract of employment. It considers the statutory concept of continuous employment, whereby an individual may be required under statute to establish a period of continuous employment on the basis of a contract of employment in order to avail him/herself of certain statutory employment protection rights. Finally, the chapter turns to the effect of an illegal contract of employment, whether it was illegal in its purpose or objective when it was formed, or expressly or implicitly prohibited by statute. There is also consideration of the illegal performance of a legal contract.
{"title":"3. The Employment Relationship and the Contract of Employment","authors":"D. Cabrelli","doi":"10.1093/he/9780198813149.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198813149.003.0003","url":null,"abstract":"This chapter analyses the various tests adopted by the courts and tribunals to distinguish between the contract of employment and the contract for services. It considers the history of employment, moving from a master and servant arrangement to the emergence of the ‘mutual’ or ‘reciprocal’ contract of employment. It considers the statutory concept of continuous employment, whereby an individual may be required under statute to establish a period of continuous employment on the basis of a contract of employment in order to avail him/herself of certain statutory employment protection rights. Finally, the chapter turns to the effect of an illegal contract of employment, whether it was illegal in its purpose or objective when it was formed, or expressly or implicitly prohibited by statute. There is also consideration of the illegal performance of a legal contract.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"20 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121008628","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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