13. Continuous Employment

2020 ◽  
pp. 362-373
Author(s):  
Astra Emir
Keyword(s):  
Employment Protection ◽  
Financial Benefits ◽  
Employment Rights

The statutory provisions for continuity of employment are contained in ss 210–219 of the Employment Rights Act 1996 and the Employment Protection (Continuity of Employment) Regulations 1996. Continuity of employment is a statutory concept generally used, first, to determine whether an employee has been employed for a particular length of time so as to qualify for a specific statutory right, and, second, to ascertain the employee’s length of employment for the purpose of obtaining certain financial benefits award and a redundancy payment. This chapter discusses provisions for counting and computing continuity (ERA, ss 210–219) 362)); preserving continuity (s 212); weeks which do not count towards continuity (ss 215–217); change of employer (s 218); and effect of the continuity rules.

13. Continuous Employment

2018 ◽  
Author(s):  
Astra Emir
Keyword(s):  
Employment Protection ◽  
Financial Benefits ◽  
Employment Rights

The statutory provisions for continuity of employment are contained in ss 210–219 of the Employment Rights Act 1996 and the Employment Protection (Continuity of Employment) Regulations 1996. Continuity of employment is a statutory concept generally used, first, to determine whether an employee has been employed for a particular length of time so as to qualify for a specific statutory right, and, second, to ascertain the employee’s length of employment for the purpose of obtaining certain financial benefits award and a redundancy payment. This chapter discusses provisions for counting and computing continuity (ERA, ss 210–219) 362); preserving continuity (s 212); weeks which do not count towards continuity (ss 215–217); change of employer (s 218); and effect of the continuity rules.

Ministers of Religion and Employment Rights: An Examination of the Issues

2003 ◽  
Vol 7 (33) ◽  
pp. 157-175
Author(s):  
Philip Petchey
Keyword(s):  
Policy Decision ◽  
White Paper ◽  
Employment Protection ◽  
Contract Of Employment ◽  
The Government ◽  
Employment Rights

In 1998 the government published a White Paper entitled Fairness at Work. It invited views on whether legislation should be introduced to take the power to extend the coverage of employment protection rights by regulation to all those who work for another person, not just those employed under a contract of employment. It would not have been apparent from this that the government was considering extending employment protection rights to ministers of religion. Nor is it likely that many people realised this could be the effect of section 23 of the Employment Rights Act 1999 by which Parliament subsequently enacted the proposal contained in the White Paper. Nonetheless the possibility was recognised as the Bill passed through Parliament. Pressed about the government's view as to the position of ministers of religion, the Minister explained that no policy decision had been taken, but he did say:

16. Wrongful Dismissal

2018 ◽  
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Industrial Relations ◽  
Employment Law ◽  
Employment Protection ◽  
Labour Relations ◽  
The Law ◽  
The Right ◽  
Employment Rights ◽  
Wrongful Dismissal

Under the law which existed prior to 1971 an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.

7. Employment Protection

2020 ◽  
pp. 202-230
Author(s):  
Astra Emir
Keyword(s):  
Employment Law ◽  
Working Time ◽  
Employment Protection ◽  
Legal Rights ◽  
Pension Scheme ◽  
Occupational Pension ◽  
Minimum Standards ◽  
Employment Rights ◽  
Sick Pay

This chapter considers miscellaneous legal rights given to employees in the Employment Rights Act 1996 and other legislation. These are minimum standards which can be exceeded by agreement or negotiation, but they cannot be denied to an employee. The discussions cover guarantee payments (ERA, ss 28–35); suspension on medical grounds (ERA, ss 64–65) and time off work for various reasons, such as for public duties, study, or training, and for occupational pension scheme trustees. It also covers statutory sick pay; and the scheme surrounding the Working Time Regulations 1998, employment law, and looks at the provisions of the regulations and their enforcement.

The New Unfair Dismissal Jurisdiction in South Australia

1986 ◽  
Vol 28 (3) ◽  
pp. 367-409 ◽  
Author(s):  
Andrew Stewart
Keyword(s):  
South Australia ◽  
Employment Protection ◽  
The Other ◽  
The South ◽  
Practical Operation ◽  
Unfair Dismissal ◽  
Definition Of ◽  
Ment Policy ◽  
Employment Rights ◽  
Alternative Remedies

The transition in the South Australian jurisdiction over unfair dismissals has generated issues that challenge the future and directions of employment protection in Australia. The new provision, with its key remedial power of compensation in liett of reinstatement or re-employment, has in its practical operation approached far closer to the British model of statutory employment rights than any of its counterparts in the other states, and has further proved sufficiently flexible to generate entitlements to redundancy payments in a novel way. Many of the legal points raised in the decided cases to date reflect important aspects of definition, interaction with otherjurisdictions and employ ment policy generally; these include the definition of dismissal, the effect of alternative remedies on an unfair dismissal claim, the taxation of compensation awards and the significance of this type of legislation as a source of procedural (if not always substantive) fairness.

scholarly journals Legal change and labour market restructuring in Western Europe and the US

1970 ◽  
Vol 16 (2) ◽  
Author(s):  
Simon Deakin
Keyword(s):  
Labour Market ◽  
Western Europe ◽  
Job Quality ◽  
Employment Protection ◽  
Employment Relationship ◽  
The Past ◽  
The Us ◽  
The Cost ◽  
Employment Rights ◽  
Market Restructuring

The major changes that have taken place in the New Zealand labour market since 1984, and which are reflected in recent changes to the welfare system, are not unique and follow trends that have developed in other OECD countries in the last decade. One of the most significant of these trends is legislative and other moves to encourage greater "efficiency" in the labour market. Deregulation, involving the withdrawal of legal guarantees of employment protection and union organization, is only one of the techniques which governments have used in an attempt to promote labo,ur market flexibility over the past decade. In continental Europe new forms of employment and the flexibilization of working time have been encouraged without dismantling the framework of employment rights. In many cases this has involved an extended role for collective bargaining and worker representation at plant and company level. In the US and Britain, by contrast, flexibility has been pursued at the cost of destabilizing the employment relationship, undermining training and job quality.

16. Wrongful Dismissal

2020 ◽  
pp. 390-401
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Industrial Relations ◽  
Employment Law ◽  
Employment Protection ◽  
Labour Relations ◽  
The Law ◽  
The Right ◽  
Employment Rights ◽  
Wrongful Dismissal

Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.

7. Employment Protection

2018 ◽  
Author(s):  
Astra Emir
Keyword(s):  
Employment Law ◽  
Working Time ◽  
Employment Protection ◽  
Legal Rights ◽  
Pension Scheme ◽  
Occupational Pension ◽  
Minimum Standards ◽  
Employment Rights ◽  
Sick Pay

This chapter considers miscellaneous legal rights given to employees in the Employment Rights Act 1996 and other legislation. These are minimum standards which can be exceeded by agreement or negotiation, but they cannot be denied to an employee. The discussions cover guarantee payments (ERA, ss 28–35); suspension on medical grounds (ERA, ss 64–65) and time off work for various reasons, such as for public duties, study, or training, and for occupational pension scheme trustees. It also covers statutory sick pay; and the scheme surrounding the Working Time Regulations 1998, employment law, and looks at the provisions of the regulations and their enforcement.

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