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Employment Law in Context An Introduction for HR Professionals 4th Edition by Brian Willey 9781408270479 1408270471

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Employment Law in Context An Introduction for HR Professionals 4th Edition Brian Willey Digital Instant Download

Author(s): Brian Willey
ISBN(s): 9781408270479, 1408270471
Edition: 4
File Details: PDF, 9.49 MB
Year: 2012
Language: english
SKU: EB-10881662 Category: Tag:

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ISBN 10: 1408270471

ISBN 13: 9781408270479

Author: Brian Willey

“Employment Law in Context: An Introduction for HR Professionals” (4th Edition) by Brian Willey is a practical and accessible guide designed specifically for those working in or studying human resource management. The book introduces the key principles and applications of employment law in a clear, real-world context, helping HR professionals understand how the law affects day-to-day decision-making in the workplace.

Table of contents:

  1. Introduction
  2. What are the purposes of voluntary and legal measures?
  3. How does the law influence substantive issues?
  4. How does law affect procedural issues?
  5. Economic perspectives
  6. Globalisation and the changing role of labour law
  7. Is there a crisis of labour law?
  8. Political perspectives
  9. The free collective bargaining model
  10. The free labour market model
  11. The employee protection or social justice model
  12. The current situation
  13. The legal regulation of employment
  14. How are legal standards set?
  15. European Convention on Human Rights 1950
  16. Human rights and employment law
  17. Statutory codes of practice
  18. How do working people enforce their rights?
  19. Employment tribunals
  20. Employment Appeal Tribunal
  21. Court of Appeal
  22. Supreme Court (formerly the House of Lords)
  23. European Court of Justice
  24. European Court of Human Rights
  25. International Labour Organisation
  26. What is the role of statutory agencies?
  27. Advisory Conciliation and Arbitration Service
  28. Health and Safety Executive
  29. Equality and Human Rights Commission
  30. Low Pay Commission
  31. Information Commissioner
  32. Criminal Records bureau
  33. Independent Safeguarding Authority
  34. Central Arbitration Committee
  35. What redress is available for infringements of rights?
  36. The effectiveness of redress and remedies
  37. In-house procedures
  38. Employment tribunals
  39. Employment consequences
  40. What are the key principles underpinning employment law?
  41. Substantive issues
  42. Fairness
  43. Reasonableness
  44. Equal treatment
  45. Harmonisation
  46. Procedural issues
  47. Natural justice
  48. Consultation
  49. Consent
  50. Freedom
  51. Conclusion
  52. Further reading
  53. References
  54. Regulating the employment relationship
  55. Learning objectives
  56. Structure of the chapter
  57. Introduction
  58. The employment relationship
  59. Means of regulating the employment relationship
  60. Context
  61. Concepts of work and employment
  62. The psychological contract
  63. The growing diversity of employment status
  64. The legal framework
  65. Employment status
  66. Common law tests
  67. Personal service and substitution
  68. Continuity of service
  69. Contracts
  70. Case study 2.1
  71. The characteristics of the contract of employment
  72. A flawed instrument
  73. Defining the contract of employment
  74. Contractual terms: express and implied
  75. Express terms
  76. Implied terms
  77. Activity 2.1 Your contract of employment
  78. Sources of contractual terms
  79. Management decisions on terms and conditions of employment
  80. Collective agreements between an employer and recognised trade unions
  81. Workplace rules
  82. Custom and practice
  83. Statute law
  84. Implied terms under common law
  85. General duties on employers
  86. To pay wages
  87. Not to make unauthorised deductions
  88. To take reasonable care of the employee
  89. Not to breach mutual trust and confidence
  90. General duties on employees
  91. To co-operate with their employer
  92. To obey lawful and reasonable instructions
  93. To be trustworthy
  94. Duty to take reasonable care
  95. Probationary periods and contracts
  96. Whistleblowing
  97. Qualifying disclosure
  98. Protected disclosure
  99. Detrimental treatment and dismissal
  100. Employment tribunal applications
  101. Breach of contract
  102. What is a fundamental or repudiatory breach of contract?
  103. Termination of a contract of employment
  104. Subsistence of a contract
  105. Employment protection for ‘atypical’ workers
  106. Part-time workers
  107. Fixed-term contract workers
  108. Casual and zero-hours contract workers
  109. Relevant legislation and casual workers
  110. homeworking
  111. Agency workers
  112. Case study 2.2
  113. Activity 2.2 ‘Atypical’ workers in your organisation
  114. Complaints relating to employment contracts
  115. Conclusion
  116. References
  117. Managing change in the employment relationship
  118. Learning objectives
  119. Structure of the chapter
  120. Introduction
  121. Context
  122. Organisational culture
  123. Strategic considerations
  124. Operational factors
  125. The economic context
  126. Incidence of redundancies
  127. Socio-economic and political context of business transfers
  128. Tensions between ‘business need’ and legal standards
  129. Activity 3.1 The employment consequences of organisational change
  130. The legal framework
  131. Flexibility within the contract of employment
  132. Variation of contract
  133. Exercise 3.1 Contract variation
  134. Case study 3.1
  135. Redundancy and redeployment
  136. Transfers of undertakings
  137. Exercise 3.2 Managing redundancies
  138. Case study 3.2
  139. Conclusion
  140. Case study 3.3
  141. Exercise 3.3 Managing transfers
  142. References
  143. The context of discrimination at work
  144. Learning objectives
  145. Structure of the chapter
  146. Introduction
  147. General concepts in equal opportunities
  148. Discrimination
  149. Equal opportunities and equal treatment
  150. Managing diversity
  151. Institutional discrimination
  152. Positive action and positive discrimination
  153. Language and ‘political correctness’
  154. The social and economic context of discrimination
  155. An overall view
  156. The incidence of discrimination at work
  157. Sex discrimination: the context
  158. The historic situation of women
  159. Changing perspectives
  160. Participation in the labour market
  161. Prevailing economic conditions
  162. Dependency
  163. Occupational segregation
  164. Segregation and education
  165. Women’s pay and the gender pay gap
  166. Social and economic factors
  167. Race discrimination: the context
  168. Britain’s ethnic diversity
  169. Concepts
  170. Historic labour market experience
  171. Taking legislative action
  172. Labour market participation today
  173. Disability discrimination: the context
  174. Defining disability
  175. Models of disability
  176. Social context
  177. Historical perspective
  178. Employment context of the 1995 Act
  179. Labour market participation
  180. Age discrimination: the context
  181. The concept of ‘ageism’
  182. The incidence of ageism
  183. The ‘drivers’ of legislation
  184. Older workers in the labour market
  185. Sexual orientation discrimination: the context
  186. Historic legal prohibitions
  187. Social attitudes
  188. Developments in legislation
  189. The quality of employment relations
  190. Discrimination because of religion and belief: the context
  191. Incidence of religion/belief
  192. Social tensions and religion
  193. Other beliefs
  194. Incidence of discrimination/attitudes to religion or belief
  195. The state of the law
  196. What progress and what problems?
  197. Grounds of discrimination
  198. Implementing public-sector equality duties
  199. Covert discrimination
  200. Positive action
  201. Compound discrimination
  202. Monitoring
  203. Weak enforcement
  204. Conclusion
  205. References
  206. Equality law and the workplace
  207. Learning objectives
  208. Structure of the chapter
  209. Introduction
  210. EU directives
  211. Transposition into UK law
  212. Previous case law and the Equality Act 2010
  213. The language of equality law
  214. Statutory codes of practice
  215. Other related legislation
  216. The Equality and human Rights Commission
  217. Equality Act 2010
  218. ‘Protected characteristics’
  219. Public sector equality duty
  220. Who is covered?
  221. Prohibited conduct
  222. Direct discrimination
  223. Combined discrimination: dual characteristics
  224. Indirect discrimination
  225. The ‘justification’ of indirect discrimination
  226. Occupational requirements
  227. Positive action
  228. Instructing
  229. Discriminatory advertisements
  230. Aiding unlawful acts
  231. Enforcement
  232. Liability and vicarious liability
  233. Statutory questionnaire
  234. Burden of proof
  235. Complaints to an employment tribunal
  236. Victimisation
  237. Remedies
  238. Protected characteristics, legal issues and case law
  239. Age
  240. Employment Equality Framework Directive 2000 and age discrimination
  241. Evaluating the 2006 Age Regulations
  242. Equality Act (2010)
  243. Direct age discrimination
  244. Objective justification and age discrimination
  245. Objective justification and case law
  246. British government and the Default Retirement Age (DRA)
  247. Age discrimination and redundancy selection and payments
  248. Age discrimination and market considerations
  249. Cost considerations
  250. Seniority and length of service
  251. National minimum wage
  252. Age discrimination: Conclusions
  253. Case study 5.1
  254. Disability
  255. The protected characteristic of ‘disability’
  256. Defining disability
  257. The ‘protected characteristic’ summarised
  258. Employer’s knowledge of disability
  259. Direct discrimination
  260. Associative and perceived discrimination
  261. Duty to make adjustments
  262. ‘Discrimination arising from disability’
  263. Enquiries about disability and health in recruitment
  264. Indirect discrimination
  265. Discriminatory adverts
  266. Case study 5.2
  267. Gender reassignment
  268. Marriage and civil partnership
  269. Pregnancy and maternity
  270. Race
  271. Racial group
  272. More than one cause
  273. Indirect discrimination
  274. Religion or belief
  275. What is ‘religion’ and ‘belief’?
  276. Discrimination
  277. Occupational requirements
  278. Case study 5.3
  279. Sex
  280. Indirect discrimination
  281. Sexual orientation
  282. Conclusion
  283. Exercises
  284. References
  285. Implementing equality in the workplace
  286. Learning objectives
  287. Structure of the chapter
  288. Introduction
  289. Legal standards
  290. Business case
  291. Social justice
  292. Human resource strategy
  293. Establishing a strategic approach
  294. Equal opportunities policies
  295. Evidence of a strategic approach
  296. A long way to go?
  297. Recruitment and selection
  298. Advertising and recruitment targets
  299. Criteria of person specifications and job descriptions
  300. Application forms
  301. Selection process
  302. Interview process
  303. Testing
  304. Training of recruiters
  305. Contract of employment
  306. Pay and benefits
  307. Gender
  308. Age and length of service
  309. Disability
  310. Working time issues
  311. Sex discrimination
  312. Disability discrimination
  313. Religion or belief discrimination
  314. Age discrimination
  315. Training and development
  316. Employees
  317. Management development
  318. Possible policy measures
  319. Promotion
  320. Harassment
  321. Dress and appearance
  322. Dismissal
  323. Post employment
  324. Conclusion
  325. References
  326. Harassment and bullying at work
  327. Learning objectives
  328. Structure of the chapter
  329. Introduction
  330. Why the growing concern about harassment?
  331. How ‘harassment’ and ‘bullying’ are defined
  332. Contextual issues
  333. The incidence of harassment and bullying
  334. The characteristics of perpetrators
  335. The recipient’s response
  336. Exercise 7.1 Harassment in the City
  337. The legal framework
  338. The contract of employment
  339. Employer’s duties
  340. Employee’s duties
  341. Harassment and bullying outside of discrimination law
  342. Discrimination law
  343. Background
  344. Equality Act 2010
  345. ‘Protected characteristics’
  346. Who is covered?
  347. The general prohibition
  348. Patterns of behaviour
  349. ‘Third party harassment’
  350. Liability for harassment
  351. Case study 7.1
  352. Defence against liability
  353. Combining contract and equality law
  354. Burden of proof
  355. Victimisation
  356. Redress and remedies
  357. Case study 7.2
  358. The Protection from Harassment Act 1997
  359. Introduction
  360. Conclusion
  361. Exercises
  362. References
  363. Discipline and dismissal
  364. Learning objectives
  365. Structure of the chapter
  366. Introduction
  367. Historic redress
  368. Legislation on unfair dismissal
  369. The ACAS Code of Practice
  370. Approach and aim of disciplinary action
  371. Disciplinary rules
  372. Acting reasonably
  373. Disciplinary penalties
  374. Statutory protection from unfair dismissal
  375. Who qualifies?
  376. Is there a dismissal in law?
  377. Reasons for dismissal
  378. ‘Reasonableness’ in the circumstances
  379. The ‘range of reasonableness responses’ test
  380. Fair procedure
  381. Statement of reasons for dismissal
  382. The statutory right to be accompanied
  383. Obtaining redress for unfair dismissal at an employment tribunal
  384. Does the complainant qualify?
  385. When must a complaint be made?
  386. What is the role of ACAS in these tribunal complaints?
  387. What is a compromise agreement?
  388. What issues concern an employment tribunal in making its decision?
  389. What remedies are available to successful complainants?
  390. Dismissal complaints and other grounds/causes of action
  391. Relationship with wrongful dismissal claims
  392. Case study 8.1
  393. Case study 8.2
  394. Grievances and disciplinary action
  395. Grievance raised in the course of disciplinary action
  396. Constructive dismissal
  397. General guidance about grievances
  398. Conclusion
  399. Exercises
  400. References
  401. Wages and equal pay
  402. Learning objectives
  403. Structure of the chapter
  404. Introduction
  405. The context
  406. Economic issues
  407. The importance of pay to employees
  408. The importance of pay to employers
  409. Public policy: free markets and regulation
  410. Social welfare factors
  411. Social policy
  412. The legal framework
  413. Definitions
  414. Regulating the ‘wage–work bargain’ under common law
  415. Statutory regulation of unauthorised deductions
  416. Cash shortages and deficiencies in retail employment
  417. Overpayment
  418. Case study 9.1
  419. The National Minimum Wage Act 1998; NMW Regulations 1999
  420. Coverage
  421. The national minimum wage and employers
  422. Calculating hourly rates
  423. Collective agreements and contractual terms
  424. Enforcement of the national minimum wage: civil proceedings
  425. Enforcement of the national minimum wage: criminal action
  426. Detriments and dismissal and the NMW
  427. Equal pay and the law
  428. The Equal Pay Act 1970 and European law
  429. What is pay?
  430. Indirect pay discrimination
  431. Employers’ defences
  432. Pay transparency
  433. Employment tribunal claims
  434. Remedies in equal pay cases
  435. Case study 9.2
  436. Employment policies and practices
  437. Contracts of employment and collective agreements
  438. Special agreements
  439. Information and records
  440. Exercises
  441. References
  442. Regulation of working time
  443. Learning objectives
  444. Structure of the chapter
  445. Introduction
  446. The context
  447. Introduction
  448. Voluntary regulation
  449. A long hours culture?
  450. Social issues
  451. Economic considerations
  452. The effects on work performance
  453. Costs of compliance
  454. The legal framework
  455. Piecemeal legal regulation
  456. Specific occupations
  457. Sex discrimination law
  458. Disability discrimination
  459. Breach of contract
  460. The Working Time Regulations 1998
  461. Who is covered?
  462. Definition of working time
  463. Rest breaks and rest periods
  464. Shift work and night work
  465. Paid annual leave
  466. Case study 10.1
  467. Case study 10.2
  468. Maximum working week
  469. The individual ‘opt-out’
  470. Unmeasured working time
  471. Derogations
  472. Collective and workforce agreements
  473. Enforcement
  474. Are the Working Time Regulations working?
  475. Impact of the regulations
  476. Areas of uncertainty
  477. The 48-hour maximum working week
  478. Holidays
  479. Night work
  480. Collective and workforce agreements
  481. Employment policies and practices
  482. A strategic approach to implementation
  483. Exploring the impact on organisations of the Working Time Regulations
  484. Exercises:
  485. References
  486. Family leave and work–life balance
  487. Learning objectives
  488. Structure of the chapter
  489. Introduction
  490. Factors underpinning the growing interest in work–life balance
  491. Defining ‘work–life balance’
  492. Legislation
  493. European law
  494. British law
  495. Relationship with contract of employment
  496. Scope of statutory protection
  497. Family rights and sex discrimination
  498. Case study 11.1
  499. Employment policy and practice
  500. Maternity leave
  501. Paternity leave
  502. Parental leave
  503. Dependency leave
  504. Awareness and use of the right to request flexible working
  505. Flexible working practices
  506. Degrees of success with flexible working and ‘work–life balance’
  507. Critical perspectives on the legislation
  508. Conclusion
  509. Exercises
  510. References
  511. Health, safety and welfare at work
  512. Learning objectives
  513. Structure of the chapter
  514. Introduction
  515. The concepts
  516. health
  517. Safety
  518. Welfare
  519. Legal framework
  520. An initial broad overview
  521. Common law
  522. Tort of negligence
  523. Repudiatory breach of contract
  524. Liability and vicarious liability
  525. Common law
  526. An employer’s defences
  527. Statute law
  528. Health and Safety at Work etc. Act 1974
  529. What is the role of regulations?
  530. The Management of Health and Safety at Work Regulations 1999
  531. Activity 12.1 Assessing risks
  532. The machinery for enforcing health and safety standards
  533. Protection against ‘detriments’ and unfair dismissal
  534. Remedies and redress for detriments and dismissal
  535. Health and Safety Executive and inspectors
  536. What are the roles of the HSE?
  537. What are the powers of the HSE?
  538. Corporate Manslaughter and Corporate homicide Act 2007
  539. Key provisions of the 2007 Act
  540. Penalties
  541. The Fatal Accidents Act 1976
  542. Employment policies and practices
  543. Managing health and safety
  544. Handling particular workplace risks
  545. Work-related stress
  546. Personal injury claims
  547. Conclusion
  548. Exercises
  549. Further reading
  550. References
  551. Conclusion
  552. Introduction
  553. What are legal standards for in relation to employment?
  554. The balance of economic power
  555. Standards of public policy
  556. Ethical standards
  557. Minimum standards
  558. In whose interests are legal standards enacted, implemented and amended?
  559. The right to manage
  560. Employer economic interests
  561. Survey evidence
  562. The current state of employment and equality law
  563. Conservative–Liberal Democrat government ideological objectives and principles
  564. Equality law
  565. The promotion of labour market flexibility
  566. Specific categories of workers
  567. Requesting flexible working
  568. Dispute resolution reform
  569. Mediation and conciliation
  570. The employment tribunal process
  571. Unfair dismissal qualifying period
  572. Fees etc.
  573. Health and safety regulation
  574. Enforcement of individual rights
  575. Access to statutory rights
  576. Managing individual complaints
  577. Conclusion

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