Index
Page numbers in bold denote figures.
A Critical Introduction to European Law 3rd edition (Ward) 54
absenteeism, potentially fair dismissal 561–2
ACAS arbitration, unfair dismissal 579
ACAS Code of Practice on Disciplinary and Grievance Procedures 458, 462–3
ACAS Code of Practice, unfair dismissal 576–8
accidents 13
Acquired Rights Directives 48, 53, 481–2
additional maternity leave 227
Advisory, Conciliation and Arbitration Service (ACAS) 62–4, 70–1
age discrimination 248, 249, 382–6; direct discrimination 382–3; discrimination in employment 384–5; harassment 384; indirect discrimination 383–4; key facts 399; prohibited conduct 382–4; protected characteristics 382; requirements for claims 387; retirement age 385–6; victimisation 384
agency workers 98–9, 394–5; key facts 400
Agency Workers Directive 50
agricultural workers, under-employment 9
annual leave 450
ante-natal care 224
arbitration see Advisory, Conciliation and Arbitration Service (ACAS)
Article 157 EC TFEU: basic protection 282–4; definition of pay 284–6; indirect discrimination 287–9; key facts 290; objective justification 287–9
assault and battery 6
atypical workers 53
avoiding substantial disadvantage, disability discrimination 356
belief 252
benefits in kind 211
blue-pencilling 167
breach of contract 20–1, 629–31
bread riots 620
building workers 7
bullying 439
burden of proof 72–3, 217, 406–7, 416
Callaghan, James 324
capability, potentially fair dismissal 560–1
capias 2
casual employment 9
Central Arbitration Committee 65, 625
Certification Officer 65
Chadwick, Edwin 13
Charter for the Social Rights of Workers 1989 51–2
child labour: age of employment 15; industrial revolution 9–10, 619–20; legal capacity 18–19; in mines 13; regulation in cotton mills 12; textile industry 13; working conditions 15; working hours 14, 15
Children’s Employment Committee Report 10
chimney sweeps 10
civil liability 16
civil partnerships and marriage 251
claims, employment tribunals 69–70
climbing boys 10
Coal Mines Act 1877 15
Collective Redundancies Directive 48
colliery inspectorate 13
colour bar 323
Commission for Racial Equality (CRE) 324
common employment, defence of 16, 25–7
common law, eighteenth century developments 5–6
Commonwealth Immigration Act 1968 324
Community Relations Commission (CRC) 324
comparable full-time workers 388–9, 393
compensation: discrimination claims 408–10; for injury 24–5, 415; redundancy 592; unfair dismissal 581–2
competition with employer 198
competitors, working for 159
compromise agreements 71
compulsion to work 2
compulsory maternity leave 226
conciliation see Advisory, Conciliation and Arbitration Service (ACAS)
condition precedent 113
confidentiality 190–1, 198–200
consideration 6
Conspiracy and Protection of Property Act 1875 14
continuity of employment 503–7, 520; key facts 517
continuous service, unfair dismissal 554–5
contract, rules of 6
contracts of apprenticeship 113
contracts of employment: bilateral variations 139–41; collective agreements 129–34; effects of transfer 489–91; enforcement of S1 statement 122; express terms 122–9, 124; failure to renew a fixed-term or limited-term contract 513; formalities 113–15; formation 111–12; illegality 116–19; implied terms 124, 176–7; implied variations 142; job description 138; key facts 142–5; minority 115–16; overview 111; process of implying terms 177–83; requirements of writing 113; S1 statement 119–22, 120; sample statutory statement of particulars 123; statutory statement 119–22, 120, 123; summary 148; types of terms 124; unilateral variations 141; variation of contractual terms 139–45; works rules 134–7; see also termination of contract
Contracts of Employment Act 1963 27
contributory negligence 25, 415
Cotton Mills Regulation Act 1819 12
cotton production 6
Court of Appeal (Civil Division) 61
Court of Justice of the European Union 62
courts and tribunals, employment disputes 59–67, 63
Crown servants 102
danger 13
Data Protection Act 1998 28
death 20
death of employer 528
declaration of the infringement of the employee’s rights 408
defence of material factor 277
deliberate provocation 189
dependant care leave 52, 235–6
detriment, related to union membership or activities 641–4
direct discrimination 253–4, 255; age discrimination 382–3; disability discrimination 350–1; gender reassignment 373–4; marital status 314–15; racial discrimination 326–8; religion and belief 377; sex discrimination 297–8; sexual orientation 369
direct employment 6
directives 34–5, 41–3, 47–50; enforcing rights 47
directors 102
disability discrimination: avoiding substantial disadvantage 356; definitions 345–9; direct discrimination 350–1; on dismissal 352–3; duty to make adjustments 353; during employment 352; harassment 351; indirect discrimination 351; key facts 358–60; overview 343; requirements for claims 356; selection and recruitment 352; summary 362–3; types of 349–53; victimisation 351–2
Disability Discrimination Act 1995 343–4
disability discrimination law, origins 343–5
Disabled Persons (Employment) Act 1944 343–4
disciplinary procedures 462–72, 474; ACAS Code of Practice 462–3; access to representation 467; appeals 471–2; breaches of procedure 472–4; disciplinary measures 463–6; discipline short of dismissal 641–4; hearings 466–7; key facts 475–6; misconduct 564–7; overview 457; right to be accompanied 469–71; sanctions 469; small firms 29; summary 479; unfair dismissal 559; warnings 468–9
disciplinary rules 464
discrimination claims: burden of proof 406–7; compensation 408–10; declaration of the infringement of the employee’s rights 408; Equality and Human Rights Commission 407; jurisdiction 405; key facts 410–11; overview 405; procedure 405; questionnaire procedures and the obtaining of information 407; recommendations 410; remedies 407–10; summary 411; time limits 405–6
discrimination law: dismissal on grounds of pregnancy 229–32; Equality Act 2010 248–60; European Union labour law 52–3; marital status 314–17; origins 247–9; overview 247; public service exemption under Article 45(4) TFEU 336; see also disability discrimination; equal pay; marital status; racial discrimination; sex discrimination
discrimination law, development: age discrimination 382–6; agency workers 394–5; fixed-term workers 391–4; gender reassignment 371–5; overview 365; part-time workers 386–91; religion and belief 376–81; sexual orientation 366–71; summary 403
discrimination, unfair dismissal 557
discriminatory dismissal 309–10, 315, 334
‘dishonourable’ trades 7
dismissal: cessation of business at particular location 594–6; constructive dismissal 513–16; defining 552–3; determining fairness 571–8, 577; disability discrimination 352–3; failure to renew a fixed-term or limited-term contract 513; on grounds of pregnancy 229–32; for industrial action 647–51; industrial pressure 651; justified 19; key facts 517–18; potentially fair dismissal 559–64; procedural fairness 576–8; for reasons of redundancy 593–4; sex discrimination 309–10; statutory definition 509–10; summary 521; summary dismissal 510–13; trade union related 644–7; on transfer of business 492–5; see also unfair dismissal; wrongful dismissal
doctrine of supremacy 36–9, 39
Donovan Commission 1968 28
dualist constitutions 32
duties of employees 193–202; to adapt 196–7; confidentiality 198–200; to disclose misconduct 200–1; to exercise reasonable care and skill 196; faithful service 197–202; honesty 197; not to compete with the employer 198; not to harm employer’s business 201–2; to obey lawful and reasonable instructions 193–5
duties of employers: care of employees 186–7; confidentiality 190–1; duty to indemnify 188; grievances 191; mutual trust and respect 188–90; payment of wages 183–4; provision of work 184–6; references/testimonials 192
duty to indemnify 188
duty to make adjustments, disability discrimination 353
EC/EU Directive on Part-time Working 97/81 388
EC Part Time Workers Directive 28
economic duress, trade disputes 633
economic necessity, unequal pay 278
economic reality or multiple test 88–90, 91
education: apprentices 11–12; child workers 13, 15
employee representatives, unfair dismissal 558
employees, employers’ duties of care 186–7
Employers and Workmen Act 1875 16
employers, implied duties 183–93
Employer’s Liability Act 1880 16
employment: transformation of 29; vs. self-employment 80–2; see also employment status, tests of
Employment Act 1982 29
Employment Act 1989 29
Employment Appeal Tribunal (EAT) 61, 73
employment conditions, industrial revolution 6–11
employment disputes, courts and tribunals 59–67, 63
Employment Equality (Age) Regulations 2006 382
Employment Equality (Religion or Belief) Regulations
2003 376
Employment Equality (Repeal of Retirement Age Provisions) Regulations 20 385–6
Employment Equality (Sexual Orientation) Regulations 2003 366
employment legislation: 1832 to 1867 12–14; from 1867 14–16; prior to 1832 11–12; summary 29–30
employment protection 82; adoption leave 234; advances in 27–8; deductions from pay 211–15; dependant care leave 235–6; guarantee payments 218–20; key facts 237–41; maternity 223–33; minimum wage 216–18; overview 209; parental leave 233; paternity leave 233–4; public duties 236; reductions 28–9; sickness 220–3; summary 243–4; wages 209–11
Employment Protection Act 1975 28
Employment Protection Consolidation Act 1978 28
Employment Protection (Consolidation) Act 1978 539, 552
Employment Protection (Part-time Employees) Regulations 1995 388
Employment Relations Act 1999 28
employment relationship, balance 203
Employment Rights Act 1996 29, 539, 552, 553, 622
employment status: agency staff 98–101; casual workers 97–8; control test 84–6, 86; Crown servants 102; directors 102; economic reality or multiple test 88–90, 91; employment relationship 80–1; health service workers 102–3; integration or organisation test 86–8, 88; key facts 103–5; mutuality of obligations test 90–5, 95; non-standard categories of work 96–107; office holders 102; outworkers 96–7; overview 79–80; police 103; probationary employees 103; summary 109; tests of 83–96, 95; trainees 101; workers’ co-operatives 98–101
employment tribunals 29, 59–60; Advisory, Conciliation and Arbitration Service (ACAS) 70–1; appeals 73; bringing claims 69–70; case management 71; jurisdiction 405; key facts 74–7; pre-hearing review 71–2; procedure 67–78; procedure at hearing 72–3; summary 77–8; time limits 67–9; see also discrimination claims
enforceability, EU directives 35
engineers 8
Equal Franchise Act 1928 247
equal pay: Article 157 EC TFEU 282–9; claims 281, 281–2; comparators 268–70; European Union 288; justification for unequal pay 276–81; key facts 289–90; like work 270–3; origins 265–6; overview 265; remedies 282; summary 294; work of equal value 274; work rated equivalent 273–4; see also Equality Act 2010
Equal Pay Directive 75/117 248
Equal Treatment Directive 42, 43–4, 48
Equal Treatment Directive 76/202 248
Equal Treatment Directive 76/207 366
Equal Treatment in Social Security Matters Directive 48
equal work 267
Equality Act 2000 248
Equality Act 2006 407
Equality Act 2010: context of employment 260; equality clause 266–8; key facts 261–3, 289–90; occupational requirement 260; prohibited conduct 253–9; prohibition of discrimination 304–10; protected characteristics 248–53, 365; summary 263–4; see also age discrimination; disability discrimination; discrimination claims; equal pay; gender reassignment; marital status; racial discrimination; religion and belief; sex discrimination; sexual orientation
Equality and Human Rights Commission 65–6, 407
EU law, UK implementation 46–50
European Communities Act 1972 46
European Labour Law (Bercusson) 51, 53
European Union: direct effects 39–46, 55; directives 34–5, 47–50; discrimination law 52–3, 248; employee rights 28; equal pay 288; health and safety at work 441–9; indirect effects 43–4, 55; key facts 54–7; labour law 50–7; legal instruments 34–5; regulations 34; self-assessment questions 46; sexual orientation 368; state liability 44–6, 55; summary 57; supranational legal order 33, 36–8, 54; supremacy 35–9, 55; UK membership 54; and unemployment 52
Evans, W D 12
Factories Act 1847 14
Factory Act 1850 14
Factory Act 1874 15
Factory and Workshop Act 1878 15
faithful service 22–3, 197–202
family friendly policies 52
Fatal Accidents Act 1846 13–14
female enfranchisement 247
Fixed Term Contract Directive 28
Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 391–2, 558
fixed-term workers 391–4; key facts 400
Fixed-Term Workers Directive 49
flexible working, unfair dismissal 557
form COT3 70
formation of contract 18
Framework Directive 2000/78 248–9, 365, 366, 368, 376, 382
Framework Directive on Equal Treatment in Employment and Occupation 50
Framework Directive on Health and Safety 49
Framework Race and Equal Treatment Directives 52
full-time workers, definition of 388
garden leave 149–52, 174; conditions 152; key facts 152
gay employees 248
gender reassignment 248, 250–1, 371–5; direct discrimination 373–4; discrimination in employment 374; harassment 374; indirect discrimination 374; key facts 397–8; occupational requirement 374; prohibited conduct 373–4; protected characteristics 373; requirements for claims 375; victimisation 374
Gender Reassignment Act 2004 373
general hiring 19
geographical location, unequal pay 277
Grand National Consolidated Trade Union 620–1
Great Reform Act 1832 12–13, 620
grievances 191; ACAS Code of Practice on Grievance and Disciplinary Procedures 458; breaches of procedure 460–1; causes of grievance 457–8; grievance procedure 457–61, 459; key facts 475; overview 457; right to be accompanied 458, 460–1; summary 479; unfair dismissal 559
‘Growth, Competitiveness and Employment’ (EU) 52
guilds, regulatory role 1
harassment 190, 255–9, 258; age discrimination 384; disability discrimination 351; gender reassignment 374; health and safety at work 439; marital status 315–16; racial discrimination 329–30; religion and belief 378; sex discrimination 300–2, 308–9; sexual orientation 369
harming employer’s business, duties of employees 201–2
Health & Safety (Display Screen) Equipment Regulations 1992 448–9
Health and Morals of Apprentices and Others Act 1802 11–12, 382, 414
health and safety at work 82; basic duty 416–17; bullying and harassment 439; character employers’ duty 425–8; civil liability 414–15; common law liability 438; common law protections 414–32; common practice 423; contact with public 422–3; contributory negligence 430–2; defences 428–32; developments in duty of care 432–8; developments in industrial safety law 415–16; duties of employers 186–7; duty of care 416–17; employees’ duty of care 423; EU regulations 446–9; European Union labour law 53; Health and Safety at Work Act 1974 441–6; health and safety policy 443; imposition of liability 416; key facts 440–1, 451–2; limitations in the defences 415; original problems in claiming 415; origins of liability 414–15; overview 413; safe place of work 424–5; safe plant and equipment 418–20; safe systems of work 420–3; safe working colleagues 417–18; safety equipment 422; significance 413–14; statutory and EU provisions 441–9; stress at work and psychiatric injury 432–8; summary 456; suspension on maternity grounds 224–6; unfair dismissal 557; VDUs 422; voluntary acceptance of risk 415, 428–30; Working Time regulations 449–51
Health and Safety at Work Act 1974 441–6
Health and Safety Executive (HSE) 66
High Court 61
hiring 19
honesty 197
illegality, contracts of employment 116–19
illness 20; potentially fair dismissal 561–2
immigration 323
implied duties 82
implied duties of employees 193–202; to adapt 196–7; confidentiality 198–200; to disclose misconduct 200–1; to exercise reasonable care and skill 196; faithful service 197–202; honesty 197; not to compete with the employer 198; not to harm employer’s business 201–2; to obey lawful and reasonable instructions 193–5
implied duties of employers: care of employees 186–7; confidentiality 190–1; duty to indemnify 188; grievances 191; mutual trust and respect 188–90; payment of wages 183–4; provision of work 184–6; references/testimonials 192
implied terms 124, 183; balance in the employment relationship 203; common law 175; common law in employment contract 176; implied duties of employees 193–202; implied duties of employers 183–93; key facts 203–4; nature of 175–7; process of implying into contracts 177–83; statutory 175; statutory in employment contract 175; summary 207
imprisonment of employee 526–8
inconvenience, unequal pay 278–9
indirect discrimination 254–5, 256, 287–9; age discrimination 383–4; disability discrimination 351; gender reassignment 374; marital status 315; racial discrimination 328–9; religion and belief 377–8; sexual orientation 369
industrial action 12; dismissal for 647–51
industrial disputes, unfair dismissal 556
industrial law, nineteenth century developments 11–17
Industrial Relations Act 1971 28, 539, 552
industrial revolution 619–20; employment conditions 6–11
industrial tribunals see employment tribunals
institutions and procedures: courts and tribunals hearing employment disputes 59–67, 63; see also employment tribunal procedure
insurance 82
integration or organisation test 86–8, 88
intimidation 631
iron production 7
job descriptions 138
journeymen 3
Justices of the Peace, wage regulation 3
justified dismissal 19
key facts: age discrimination 399; agency workers 400; Article 157 EC TFEU 290; continuity of employment 517; contracts of employment 142–5; disability discrimination 358–60; disciplinary procedures 475–6; discrimination claims 410–11; dismissal 517–18; employment protection 237–41; employment status 103–5; employment tribunals 74–7; equal pay 289–90; Equality Act 2010 261–3, 289–90; European Union 54–7; fixed-term workers 400; garden leave 152; gender reassignment 397–8; grievances 475; health and safety at work 440–1, 451–2; implied terms 203–4; notice 517; part-time workers 400; racial discrimination 338–9; redundancy 613–16; religion and belief 398–9; restraint of trade clauses 170–1; sex discrimination 317–19; sexual orientation 396–7; termination of contract 533–4; trade unions 652–6; TUPE transfers 497–9; unfair dismissal 583–7; wrongful dismissal 547–8
Labour in Cotton Mills Act 1831 12
last in first out (LIFO) 601
lawful and reasonable instructions 193–5
Lawrence inquiry 325
lay-offs 611–13; guarantee payments 218–20
legal responsibility, of servants 6
less eligibility test 9
less-favourable treatment: fixed-term workers 393–4; part-time workers 389–90
liability, master for servant 6
living standards 4
London Labour and the London Poor (Mayhew) 9
long-term sickness absence 524–6
loss of reputation 543
Luddites 620
lump labour 80
machinery, fencing of 15
male employment, effects of industrial revolution 10, 11
Management of Health and Safety at Work Regulations 1999 (amended 2006) 446
Mancini, F. 40
Manual Handling Operations Regulations 1992 448
marital status: direct discrimination 314–15; discrimination law 314–17; harassment 315–16; indirect discrimination 315; requirements for claims 316; single employees 317; victimisation 316
marriage and civil partnerships 251
Master and Workmen Arbitration Act 1824 12
master-servant relationship 2, 3, 5–6, 17–18, 21–7
masters and servants, and third parties 23–4
maternal rights, unfair dismissal 556–7
maternity 52, 223–33; ante-natal care 224; discrimination law 253; dismissal on grounds of pregnancy 229–32; payment 228–9; suspension on maternity grounds 224–6
Mayhew, H. 9
mediation see Advisory, Conciliation and Arbitration Service (ACAS)
medical care, of servants 21–2
medical suspension 221
Memoirs of Wool (Smith) 8
men, effects of factories acts 14
mental impairment, definition of 345–7
Merchant Shipping Act 1894 16
Merchant Shipping, seamen’s contracts 113
Metalifferous Mines Regulations Act 1872 15
Mines and Collieries Act 1842 13
mining, working conditions 15
monist constitutions 32
moral issues 6
mutual trust and respect 188–90
mutuality of obligations test 90–4, 95
Napoleonic wars, effects of 7
national courts, role under EU law 38, 44
National Health Service, status of employees 102–3
national insurance 89
national legislative provisions, and EU law 38
National Minimum Wage Act 1998 28
negligence, as gross misconduct 510–11
New Poor Law 1834 9
no strike clauses 133
non-standard categories of work: agency staff 98–101; casual workers 97–8; Crown servants 102; directors 102; employment status 96–107; health service workers 102–3; office holders 102; outworkers 96–7; police 103; probationary employees 103; trainees 101; workers’ co-operatives 98–101
normal day-to-day activities, definition of 348–9
notice 19–20, 507–9, 521, 529; key facts 517
obedience, master-servant relationship 23
occupational requirement: Equality Act 2010 260; gender reassignment 374; religion and belief 380; sexual orientation 370
Occupiers’ Liability Act 1957 425
Offences Against the People Act 1861 14
office holders 102
ordinary maternity leave 226–7
overtime, part-time workers 390
Owen, Robert 12
Papists Act 1778 248
Parental Leave Directive 49
parental rights, unfair dismissal 556–7
part-time workers 386–91; key facts 400
Part-Time Workers Directive 49
Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 388, 558
‘particulars’ clause 12
pay bargaining 28
pay grading 280
Payment of Wages in Public Houses Act 1883 16
pension fund trustees, unfair dismissal 558
pension rights 542
Personal Protective Equipment at Work Regulations 1992 447–8
Peterloo Massacre 620
physical impairment, definition of 345–7
pieceworkers 12
piggy-back claims 267
police 103
population aging 382
population increase 7
post termination restrictive covenant see restraint of trade clauses
potentially fair dismissal 559–64
poverty, effects of industrial revolution 9
Powell, Enoch 324
pregnancy: discrimination law 253; as grounds for dismissal 229–32; right of return to work 28; unfair dismissal 556–7
probationary employees 103
productivity, unequal pay 277
prohibited conduct: age discrimination 382–4; Equality Act 2010 253–9; gender reassignment 373–4; religion and belief 377–8; sexual orientation 369–70
protected characteristics, Equality Act 2010 248–53
protected industrial action 650–1
protection of employment rights, on transfer of business 53
Protection of Young People at Work Directive 48–9
Provision and Use of Work Equipment Regulations 1998 447
public duties 236
Public Interest Disclosure Act 1998 28, 557
public service exemption under Article 45(4) TFEU 336
qualifications relevant to position, potentially fair dismissal 562–4
qualifying period of continuous service, agency workers 395
Quarries Act 1894 15
race 251
Race Directive 2000/43 248
race discrimination law, origins and aims 323–5
Race Relations Act 1965 247, 248, 324
Race Relations Act 1968 248, 324
Race Relations Act 1976 28, 324–5
Race Relations Board 324
Rachman, Peter 323
racial discrimination: direct discrimination 326–8; during employment 333–4; ethnic groups 325–6; harassment 329–30; indirect discrimination 328–9; justifications for 334–6; key facts 338–9; overview 323; prohibition of 331–2; public service exemption under Article 45(4) TFEU 336; recruitment and selection of staff 332–3; requirements for claims 337; summary 342; termination of employment 334; types 325–31; victimisation 330–1
re-engagement, unfair dismissal 580–1
reasonable care and skill 196
reasonable range of responses test 571–5
Recast Directive 2006/54 248
recognition, trade unions 624–5
recruitment and selection of staff 305–6
red circling, unequal pay 279–80
redundancy 53, 611; advance warning 600; alternatives 602–4; calculating redundancy payments 608–9; cessation of business 594; collective 604–7; compensation 592; consultation 600–1, 604–7; diminution in work 596–8; dismissals for 593–4; eligibility 592; key facts 613–16; lay-offs 611–13; origins and aims of law 591–2; overview 591; payments other than by the employer 609–10; procedures 596–8; selection 601–2; short-time working 611–13; summary 618; time off to look for work 607–8; unfair dismissal 556, 557, 567, 598–9, 601–2; voluntary 610
Redundancy Payments Act 1965 28, 591–2
references/testimonials 22, 192
regulation of employment, origins 1
regulations, European Union 34
reinstatement, unfair dismissal 579–80
religion and belief 376–81; definition of 376; direct discrimination 377; discrimination in employment 378–80; harassment 378; indirect discrimination 377–8; key facts 398–9; occupational requirement 380; philosophical belief 376–7; prohibited conduct 377–8; protected characteristics 376; requirements for claims 381; victimisation 378
religious discrimination 248, 252, 325–6
Religious Opinions Act 1846 248
remedies, restraint of trade clauses 168–70
Representation of the People Act 1918 247
reputation, loss of 543
res ipsa loquitur 25
responsibilities: like work 272–3; unequal pay 277
restraint of trade 21
restraint of trade clauses 198; client connection 157–8; content 165–6; definition and character 153–4; duration 163; employee’s position 164; interests protected 154–60; interpretation 164–7; key facts 170–1; legitimacy 169; other means of restraint 166; public policy 164–5; reasonableness 164–5; remedies 168–70; scope 160–2; severance 167; soliciting employees 159–60; specialised/ non-specialised work 163–4; summary 174; trade secrets 155–7; working for competitors 159
rights, means of enforcing 47
risk 424
risk assessments 446
Roman Catholic Relief Act 1829 248
rule against enforcement 545
sanitation 15
seamen’s contracts 113
selection and recruitment, disability discrimination 352
self-employment 80–2; see also employment status, tests of
severance 167
sex discrimination 252; direct discrimination 297–8; dress codes 308–9; during employment 306–9; harassment 300–2, 308–9; indirect discrimination 298–300; justifications for 310–11; key facts 317–19; marital status 314–17; origins and aims of law 295–6; overview 295; prohibition of 304–10; recruitment and selection of staff 305–6; requirements for claims 313; summary 322; termination of employment 309–10; types 296–7; victimisation 303–4
Sex Discrimination Act 1975 28, 248, 265, 366, 372
Sex Discrimination (Gender Reassignment) Regulations 1999 373
Sex Disqualification (Removal) Act 1919 247
sexual orientation 252, 366–71; direct discrimination 369; discrimination in employment 370; harassment 369; indirect discrimination 369; key facts 396–7; occupational requirement 370; prohibited conduct 369–70; requirements for claims 371; victimisation 370
shipwrights 8
shoe and boot makers 7
Shop Hours Regulation Act 1886 16
short-time working 218–20, 611–13
single employees, sex discrimination 317
Single European Act 1986 50
single market 36
small firms, disciplinary procedures 29
Social Action Programmes 50, 52
Social Chapter 28
soliciting employees, restraint of trade clauses 159–60
sovereignty 38
specialised/non-specialised work, restraint of trade clauses 163–4
Speenhamland system 4
Spitalfield Acts, 1765 and 1773 4
staff, recruitment and selection 305–6
Statute of Artificers and Apprentices 1652 2, 3–5
Statute of Labourers, 1349 1
Statutory Maternity Pay (SMP) 228–9
statutory notice periods 507–9
statutory restriction, unfair dismissal 567–8
Statutory Sick Pay (SSP) 222–3
Steiner, J. 44
strapping shops 7
substantial or long term effect, definition of 347–8
substantial reason, unfair dismissal 568–70
supranationalism, European Union 33, 36–8, 54
supremacy, European Union 35–9, 55
tax credits, unfair dismissal 558
Ten Hour Bill 14
termination of contract: death of employer 528; frustration of contract 523–8; imprisonment 526–8; key facts 533–4; long-term sickness absence 524–6; mutual agreement 531–2; overview 523; resignation 528–31; summary 537; types of 532; see also contracts of employment
testimonials/references 22
Textbook on EC Law 8th edition (Steiner) 44
textile industry 13
The Factory Acts Extension Act 1867 14–15
‘The making of a constitution for Europe’ (Mancini) 40
The Making of the English Working Class (Thompson) 4, 8, 11
The Struggles of an Old Chartist (Wilson) 9
The Wealth of Nations (Smith) 4–5
‘thin skull’ rule 427
time limits: discrimination claims 405–6; employment tribunals 67–9
Tommy shops 12
tortious liability 6
trade disputes: breach of contract 629–31; conspiracy 631–3; in contemplation of 634; definition of 635–7; economic duress 633; in furtherance of 634–5; immunity from legal action 633–7; intimidation 631; loss of immunity 637–40; picketing 640–1; pressure 639; reinstatement of unofficial strikers 639–40; secondary action 639; secret ballots 637–8; tortious liability 629–33
Trade Disputes Act 1965 28
Trade Union Act 1876 14
Trade Union Act 1984 29
Trade Union and Labour Relations (Consolidation) Act 1992 604–5, 622–3, 625, 627–8, 634, 635, 641–2, 644–5
Trade Union crisis, 1834 7
Trade Union Reform and Employment Rights Act 1993; 29
trade unions 12, 27; collective bargaining 627–9; discipline short of dismissal 641–4; dismissal for industrial action 647–51; immunity from legal action 641; key facts 652–6; loss of immunity 29; membership and non-membership 622–4; origins of law 619–22; overview 619; protection during trade disputes see trade disputes recognition 624–5; summary 659–60; time off for activities 627; time off for duties 626; trade union related dismissal 644–7; unfair dismissal relating to 556; see also collective agreements
traditional work, loss of status 7
trainees 101
transfer of undertakings: definition of 481; see also TUPE transfers
Transfer of Undertakings (Protection of Employment) Regulations 1981 53, 481
Transfer of Undertakings (Protection of Employment) Regulations 2006 489
transsexual employees 248, 250–1, 371–5
Treaty on European Union (TEU) 34
Treaty on the Functioning of the European Union (TFEU) 34
truck 4
Truck Act 1831 12
Truck Act 1896 16
Truck Amendment Act 1887 16
TUPE transfers: applicability of regulations 483–8; consultation 496; dismissals on transfer 492–5; effect of 489–91; key facts 497–9; nature of transfers 488; operation 495; origins and aims of law 481–3; overview 481; summary 501–2; transfer of assets 484; unfair dismissal 556
types of terms, contracts of employment 124
unemployment, effects of industrial revolution 9
unequal pay 276–81; economic necessity 278; geographical location 277; inconvenience 278–9; pay grading 280; productivity 277; red circling 279–80; responsibilities 277
unfair dismissal 29, 509, 551–2; ACAS arbitration 579; ACAS Code of Practice 576–8; Advisory, Conciliation and Arbitration Service (ACAS) 65; automatically unfair 555–9; claims for 578–9; compensation 581–2; continuous service 554–5; determining fairness 571–5, 577; disciplinary/grievance hearings 559; discrimination 557; eligibility for claim 553; employee representatives 558; Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 558; fixed-term workers 394; flexible working 557; health and safety at work 557; industrial disputes 556; ineligible employees 553; key aspects 552; key facts 583–7; lock-out 647–8; minimum wage 558; misconduct 564–7; origins of law 551–2; overview 551; part-time workers 391; Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 558; pension fund trustees 558; potentially fair dismissal see separate heading pregnancy and maternal/ parental rights 556–7; procedural fairness 576–8; re-engagement 580–1; reasonable range of responses test 571–5; redundancy 556, 567, 598–9, 601–2; reinstatement 579–80; relating to trade union membership/activity 556; remedies 579–82; statutory restriction 567–8; substantial reason 568–70; summary 590; Sunday working 557; tax credits 558; trade union recognition 556; trade union related 644–7; Transfer of Undertakings 556; whistle-blowing 557; working time regulations 558; see also dismissal; wrongful dismissal
Unfair Dismissal Order 1999 28
unfavourable treatment, definition of 349–50
unprotected industrial action 650
unskilled labour, increase in 7
Value Added Tax (VAT) 82
vicarious liability 82
victimisation 259, 259–60; age discrimination 384; disability discrimination 351–2; gender reassignment 374; racial discrimination 330–1; religion and belief 378; sex discrimination 303–4; sexual orientation 370
volenti non fit injuria 25, 415, 428–9
voluntary acceptance of risk 415, 428–9
voluntary redundancy 610
voting rights 247
wage cutting 8
wages 209–11; deductions from pay 211–15; duty to pay 183–4; guarantee payments 218–20; maternity 228–9; minimum wage 216–18; payment of 12, 16; regulation 3; sex discrimination 295; sick leave 221–3; see also equal pay
Wages Act 1986 29
Ward, I. 54
weavers, employment conditions 8
weaving, petitions for regulation 3–4
welfare, of employees 187
well-being 187
Wilson, B. 9
women: part-time workers 386–7; workforce participation 10; working conditions 15; working hours 14, 15; working in mines 13
woodworkers 7
Woollen Cloth Weavers Act, 1756 4
workers, definition of 81
workhouse system 9
working conditions, child labour 10
working for competitors, restraint of trade clauses 159
Working Time Regulations 28, 449–51, 558
workman, definition of 16
Workmen’s Compensation Act 1897 415
Workplace (Health, Safety and Welfare) Regulations 1992 447
Workshop Regulation Act 1867 15
workshops, definition of 15
wrongful dismissal 551–2; action for 541–2; damages 542–5; injunctions 545–6; key facts 547–8; nature of 540–1; overview 539–40; remedies 542–7; requirements for claims 546; summary 550; see also dismissal; unfair dismissal
youth unemployment 382