Pub Date : 2018-09-01DOI: 10.1093/he/9780198813149.003.0001
D. Cabrelli
This chapter provides an overview of the fundamental goals of this text. It introduces readers to the running case study feature which is used throughout the text to explain concepts and rules of employment law. It then discusses key issues and themes in employment law. It considers whether labour law has a valid claim to be treated as a self-contained discipline and what distinguishes it from other branches of the law. It explores the role of this area of law and the arguments in favour of the introduction and preservation of such laws. It also addresses a central area of controversy, which is whether such laws stifle or stimulate economic growth. The final issue for discussion is the potential impact of technology-driven workplace changes on employment laws, e.g. automation, AI, etc.
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Pub Date : 2018-09-01DOI: 10.1093/he/9780198813149.003.0022
D. Cabrelli
The function, constitution, status, listing, and independence of trade unions are explored in this chapter. Moreover, the freedom of collective association and the role of trade unions in workplace representation are analysed. The chapter moves on to an exploration of the rights of members vis-à-vis their unions and the protection of trade union members in employment....
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Pub Date : 2018-09-01DOI: 10.1093/he/9780198813149.003.0016
D. Cabrelli
This chapter begins with a contextual and historical introduction to unfair dismissal law, which seeks to regulate arrangements pursued by employers that result in the dismissal of their employees. It covers the efficiency of unfair dismissal laws; the structure, nature, content, and shape of unfair dismissal laws; and the rationale for the introduction of the unfair dismissal laws in the UK. It then examines the statutory unfair dismissal regime contained in Part X of the Employment Rights Act 1996, and the meaning of the ‘substantive fairness’ of the dismissal. In the final section, the chapter considers the response of the courts and tribunals to the provisions on substantive fairness of dismissals.
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