Labour Law

ISBN-13: 9781849463416 / Angielski / Miękka / 2012 / 1360 str.

Simon Deakin

Opis

Labor law is a highly dynamic and complex field which can be properly understood only in its broader international and historical context. This textbook - a work increasingly cited as authoritative in the higher appellate courts - provides a comprehensive analysis of current British labor law, which explains the role of different legal sources, as well as social and economic policy, in its development. It thus enables readers to obtain a deeper insight into likely future changes in the law. This sixth edition, while following the broad pattern of previous editions, highlights important new developments in the areas of: the contract of employment * discipline and dismissal * equality law * EU law * employee representation * human rights * 'work-life balance' policies * trade union law * industrial action law. The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labor law: the forms of collective organization, freedom of association, employee representation, internal trade union government, and the law relating to industrial action. It is an essential text for scholars and students of law and of disciplines related to management and industrial relations.

Spis treści

Chapter 1 Introduction Labour law: the scope and nature of the subject Historical development Assessment: the prospects for labour law Chapter 2 Sources and institutions of labour law Introduction Formal Sources of Labour Law Voluntary sources The role of courts and employment tribunals Governmental institutions relevant to labour law European Union law Other international labour standards Labour standards and private international law Chapter 3 The employment relationship Introduction Contract or status? The hiring process Identifying dependent labour Quasi-dependent labour Public sector employment Continuity of employment, qualifying thresholds, and equality of treatment for fixed-term, part-time and agency workers Identifying the employer Transfers of employment Assessment Chapter 4 Terms of employment and working conditions Introduction Sources of contractual terms and conditions Written notification of terms Construction, incorporation and variation of terms Payment of wages and salaries Working time Health and safety and the working environment Duties of obedience, co-operation and care Duties of fidelity, confidentiality and privacy Income security: sick pay and lay-off Occupational pension schemes Assessment Chapter 5 Discipline and termination of employment Introduction Dismissal legislation: forms, aims and impact Wrongful dismissal The statutory concept of dismissal Fairness of dismissal Remedies for unfair dismissal Economic dismissals Assessment Chapter 6 Equality in employment Introduction The origins, rationales and impact of equality law Discrimination and prohibited conduct Protected characteristics The scope of protection against discrimination in employment Enforcement Positive action Equal pay Protection of pregnancy, maternity and family time Disability discrimination Assessment Chapter 7 Collective organisation: trade unions and employers' associations Introduction The rationale and role of collective organisation International standards relating to collective organisation Legal policy relating to collective organisation Basic definitions and concepts The role of trade unions in contemporary industrial relations Chapter 8 Freedom of association and the right to organise Introduction Protection of trade union membership and activities in relation to employers Contract compliance and union membership Facilities for trade union representatives and trade union activities Union membership and deductions from workers' pay Chapter 9 Collective representation and the law Introduction Collective bargaining and the law Statutory rights of information and consultation Employee involvement at transnational level Co-operativa Europaea) and Companies formed by Cross-Border Mergers Collective representation: prospects for the future Chapter 10 Trade unions and their members Introduction The contract of membership Statutory rights: an overview Rights relating to union membership and discipline Trade union elections Trade union expenditure for political purposes Assessment Chapter 11 Industrial action Introduction Industrial action: role, rationale and international standards Legal policy relating to industrial action: an overview Liability in tort The liability of trade unions in tort The scope of statutory immunity Industrial action ballots and notice to employers Civil law remedies Industrial action and EU law Picketing 'Essential services' and emergency powers Industrial action and contractual rights Industrial action and statutory rights Industrial action and social security benefits Industrial action and the rights of union members Assessment