Cases and materials on employment law / Richard W. Painter, Ann E.M. Holmes.

By:

Painter, Richard W, 1952-

Contributor(s):

Holmes, Ann E. M

Material type: Text

TextPublication details: Oxford ; New York : Oxford University Press, 2006.Edition: 6th edISBN:

0199284490

Other title:

Employment law

Subject(s):

DDC classification:

344.01 PAI

Online resources:

Table of contents

Contents:

Introduction to employment law -- Defining the contract of employment and its continuity -- Constructing the contract of employment -- Equal pay -- Discrimination in the workplace -- Other forms of discrimination -- Terminating the contract -- Unfair dismissal -- Redundancy -- Trade unions and their members -- Industrial conflict i -- Industrial conflict ii -- Health and safety at work.

Holdings
Item type	Current library	Call number	Copy number	Status	Date due	Barcode
Standard Loan	Moylish Library Main Collection	344.01 PAI (Browse shelf(Opens below))	1	Available		39002100323162

Enhanced descriptions from Syndetics:

The sixth edition of the widely recommended Cases and Materials on Employment Law offers wide-ranging and accurate coverage of this dynamic and controversial subject. Clearly written and well researched, this text provides a complete source of reference for students. Notes and questions aid students' understanding of this rapidly changing area of the law. The sixth edition has now been revised and updated to take into account major cases and developments since publication of the fifth edition in 2004, including the 2004 Employment Act 2002 (Dispute Resolution) Regulations as well as the revised ACAS Code of Practice on Disciplinary and Grievance Procedures. Online Resource Centre The book is supported by a companion web site which provides updates and developments to the cases and legislation.

Includes index.

Includes bibliographical references and index.

Table of contents provided by Syndetics

Preface (p. xiii)
Acknowledgements (p. xv)
Abbreviations (p. xvii)
Table of Cases (p. xix)
Table of Statutes (p. xxxvii)
Table of Secondary Legislation (p. xliii)
1 Introduction to Employment Law (p. 1)
Section 1 Contexts and Approaches (p. 1)
A The Traditional Approach (p. 1)
B The Alternative Approach (p. 2)
C A Conclusion on the Previous Conservative Government's Employment Relations Strategy (p. 4)
D A Third Way? (p. 4)
Section 2 The Institutional Framework of Employment Law (p. 8)
A The Advisory, Conciliation and Arbitration Service (p. 8)
B The Central Arbitration Committee (p. 10)
C The Certification Officer (p. 10)
D The Commission for Racial Equality/Equal Opportunities Commission/Disability Rights Commission (p. 11)
E Employment Tribunals (p. 17)
F The Employment Appeal Tribunal (p. 25)
Section 3 The International Labour Organisation (p. 28)
Section 4 The European Convention on Human Rights and the Human Rights Act 1998 (p. 29)
A Interpreting Legislation in Accordance with the Convention (p. 29)
B Declarations on Incompatibility (p. 30)
C Public Authorities Must Act in Compliance with the Convention (p. 30)
D The Human Rights Act and the Implications for Employment Law (p. 31)
Section 5 European Community Law (p. 34)
A Historical Background (p. 34)
B Recent and Impending Developments (p. 40)
C The Relationship Between Community Law and Domestic Law (p. 43)
2 Defining the Contract of Employment and its Continuity (p. 48)
Section 1 General Introduction: The Residual Importance of the Law of Contract (p. 48)
Section 2 Employee Status (p. 48)
A A Checklist (p. 50)
B Mutuality of Obligation (p. 51)
C Employee Status: A Question of Law or Fact? (p. 67)
D Self-description (p. 68)
Section 3 Continuity of Employment (p. 70)
A Continuity: Hours of Work (p. 70)
B Continuity: Periods Away from Work (p. 80)
C Strikes and Lockouts (p. 88)
3 Constructing the Contract of Employment (p. 89)
Section 1 Express Terms (p. 89)
Section 2 Collective Bargaining (p. 95)
A Methods of Incorporation (p. 96)
B Inappropriateness of Collective Terms (p. 100)
C 'No-Strike Clauses' (p. 102)
Section 3 Constructing the Contract of Employment: Implied Terms (p. 103)
A Subjective or Objective Tests (p. 103)
B Factual Implied Terms: Some Examples (p. 104)
Section 4 Constructing the Contract of Employment: Characteristic or Imposed Terms (p. 106)
Section 5 Constructing the Contract of Employment: Work Rules (p. 107)
Section 6 Constructing the Contract of Employment: Custom and Practice (p. 107)
Section 7 Constructing the Contract of Employment: Statutory Implied Terms (p. 110)
A Equal Pay Act 1970 (p. 110)
B Employment Rights Act 1996 (p. 110)
C National Minimum Wage Act 1998 (p. 110)
Section 8 The Characteristic Rights and Obligations of the Employer and Employee (p. 125)
4 Equal Pay (p. 172)
Section 1 Introduction (p. 172)
Section 2 European Community Law (p. 176)
Section 3 Equal Pay Act 1970 (p. 190)
A What Amounts to 'Pay'? (p. 194)
B What is Meant by 'Same Employment'? (p. 197)
C 'Like Work' (p. 205)
D Work Rated as Equivalent (p. 208)
E 'Equal Value' (p. 211)
F Genuine Material Difference/Factor (p. 213)
5 Discrimination in the Workplace (p. 236)
Section 1 Introduction (p. 236)
Section 2 European Community Law (p. 241)
Section 3 Positive Discrimination (p. 251)
Section 4 Sex and Race Discrimination (p. 254)
A Direct Discrimination (p. 255)
B Indirect Discrimination (p. 278)
C Pregnancy (p. 296)
Section 5 Victimisation (p. 304)
Section 6 Discrimination in Employment (p. 307)
Section 7 Genuine Occupational Qualifications (p. 310)
Section 8 Compensation (p. 316)
6 Other Forms of Discrimination (p. 322)
Section 1 Introduction (p. 322)
Section 2 Disability Discrimination Act 1995 (p. 322)
Part I Disability (p. 323)
A Meaning of 'Disability' (p. 323)
Part II Employment Field (p. 332)
B Direct Discrimination (p. 332)
C Reasonable Adjustments (p. 334)
Section 3 Sexual Orientation and Gender Reassignment (p. 339)
Section 4 Religion or Belief (p. 350)
Section 5 Age (p. 352)
7 Terminating the Contract (p. 358)
Section 1 Termination Involving Dismissal at Common Law (p. 358)
A Dismissal with Notice (p. 358)
B Summary Dismissal for Fundamental Breach (p. 359)
Section 2 Terminations Which may not Amount to Dismissal (p. 376)
A Frustration (p. 376)
B Termination by Mutual Agreement (p. 380)
Section 3 Constructive Dismissal (p. 385)
A Dismissal or Resignation? (p. 385)
B The Concept of Constructive Dismissal (p. 387)
C Examples of Conduct Justifying Resignation (p. 390)
Section 4 Fixed-term, 'Task' and Contingent Contracts (p. 398)
Section 5 Remedies (p. 400)
A Damages (p. 400)
B When Will Remedies Other than Damages be Granted? (p. 418)
8 Unfair Dismissal (p. 425)
Section 1 Introduction (p. 425)
Section 2 Establishing Unfair Dismissal (p. 427)
A Stage One: Has a Dismissal Taken Place? (p. 428)
B Stage Two: Is the Applicant Qualified to Make a Claim? (p. 428)
C Stage Three: Is the Dismissal Fair or Unfair? (p. 435)
D Stage Four: What Remedies are Available? (p. 488)
Section 3 The Law of Unfair Dismissal: A Critique (p. 501)
9 Redundancy (p. 507)
Section 1 Introduction (p. 507)
Section 2 Who Qualifies for a Redundancy Payment? (p. 508)
A Employees Who do Not Qualify (p. 508)
B Dismissal (p. 509)
C When is the Dismissal by Reason of Redundancy? (p. 512)
Section 3 Offers of Suitable Alternative Employment (p. 528)
A Suitable Alternative Employment? (p. 528)
B The Reasonableness of a Refusal (p. 533)
Section 4 Lay-off and Short-time Working (p. 536)
Section 5 Transfer of Undertakings (p. 538)
A Introduction (p. 538)
B The Transfer of Undertakings (Protection of Employment) Regulations 1981 (p. 539)
C TUPE Revisions (p. 556)
Section 6 Handling the Redundancy Situation: Procedural Correctness (p. 589)
A Pre-redundancy Procedures (p. 589)
B Consultation with the Trade Union (p. 591)
10 Trade Unions and their Members (p. 599)
Section 1 The Trade Union (p. 599)
A The Legal Definition (p. 599)
B Certificate of Independence (p. 601)
C The Legal Status of a Trade Union (p. 603)
D Restraint of Trade (p. 603)
E Political Funds and Objects (p. 604)
F Contracting Out of the Political Levy and the Check-off (p. 608)
G Deduction of Trade Union Membership Subscriptions (p. 608)
Section 2 Freedom of Association (p. 610)
A International Standards (p. 610)
B Refusal of Employment on Grounds of Trade Union Membership (p. 613)
C Action Short of Dismissal on Grounds Related to Union Membership or Activities (p. 614)
D Dismissal on Grounds Related to Union Membership or Activities (p. 622)
E Selection for Redundancy on Grounds Related to Union Membership or Activities (p. 626)
Section 3 Trade Unions and Collective Bargaining (p. 627)
A The New Statutory Recognition Procedure (p. 627)
B Effects of Provisions Restricting the Right to Take Industrial Action (p. 641)
C Disclosure of Information for the Purposes of Collective Bargaining (p. 641)
D Time Off for Trade Union Duties and Activities (p. 646)
Section 4 Trade Unions and their Members (p. 652)
A The Residual Importance of the Common Law (p. 652)
B Refusals to Admit and Expulsions in the Interests of Inter-Union Relations (p. 658)
C Statutory Controls Over Admissions And Expulsions (p. 659)
D Unjustifiable Discipline (p. 662)
E Trade Union Democracy (p. 665)
11 Industrial Conflict I (p. 680)
Section 1 Introduction (p. 680)
Section 2 Sanctions Against Individual Strikers (p. 681)
Section 3 Legal Action Against the Trade Union and Strike Organisers (p. 691)
A Stage One: Civil Liabilities for Industrial Action (p. 691)
B Stage Two: The Immunities (p. 705)
C Stage Three: Removal of the Immunities (p. 720)
12 Industrial Conflict II (p. 750)
Section 1 Picketing (p. 750)
A The Freedom To Picket (p. 750)
B Civil Liabilities for Picketing (p. 752)
C Criminal Liability for Picketing (p. 762)
Section 2 Industrial Action: Civil Remedies and Enforcement (p. 768)
A An 'Act Done by a Trade Union' (p. 768)
B Injunctions (p. 770)
C Damages (p. 772)
D The Citizen and the Control of Industrial Action (p. 773)
E Workers Whose Right Lawfully to Withdraw their Labour is Wholly or Partly Restricted (p. 774)
F Emergency Powers (p. 776)
13 Health and Safety at Work (p. 777)
Section 1 Introduction (p. 777)
Section 2 Employer's Liability (p. 777)
A Duty of Care (p. 777)
Section 3 Breach of Statutory Duty (p. 802)
Section 4 Health and Safety at Work etc. Act 1974 (p. 807)
A Duty Owed by Employers to their Employees (p. 811)
B Safety Policies (p. 815)
C Duty Owed to Persons other than Employees (p. 817)
D Duties of Persons Concerned with Premises (p. 823)
Section 5 Working Time Regulations 1998 (p. 827)
Index (p. 837)

Author notes provided by Syndetics

Richard W. Painter is a Professor of Law and Pro-Vice Chancellor at Staffordshire University
Ann Holmes is a Professor of Law and Head of the School of Law, Manchester Metropolitan University