Selwyn's Law of Employment
Latest Publications


TOTAL DOCUMENTS

23
(FIVE YEARS 23)

H-INDEX

0
(FIVE YEARS 0)

Published By Oxford University Press

9780198836636, 9780191873829

2020 ◽  
pp. 460-484
Author(s):  
Astra Emir

The Redundancy Payments Act 1965 was enacted to compensate a long-serving employee for the loss of a right which he has in a job. The Act has been repealed and replaced by corresponding provisions in the Employment Rights Act 1996. This chapter discusses provisions of the Employment Rights Act 1996. It looks at what is a dismissal, transferred redundancies, presumption of redundancy, and offers of alternative employment. Considered are whether redundancy dismissals are fair or unfair; excluded classes of employees; claims for redundancy payments; payments by the Secretary of State; consultation on redundancies; the meaning of the term ‘establishment’; the consultation provisions of the legislation; and notification of mass redundancies to the minister.


2020 ◽  
pp. 374-378
Author(s):  
Astra Emir

In order to quantify the amount of money payable to an employee in respect of the violation of certain specific statutory rights, it is necessary to ascertain the employee’s weekly pay, which is done by reference to the employee’s ‘normal working hours’. This chapter considers provisions of the Employment Rights Act s 221–229 which set out what a week’s pay is, as well as the precise formulae for determining how a week’s pay is to be calculated and what to take into account, and, in certain specific cases lists the situations in which there is a statutory cap on that amount.


2020 ◽  
pp. 362-373
Author(s):  
Astra Emir

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.


2020 ◽  
pp. 268-301
Author(s):  
Astra Emir

This chapter begins with a discussion of the personal nature of the employment contract, and the fact that such a contract is necessarily one of personal service which gives rise to duties and obligations on both sides. It deals with issues such as the implied duties of the employer to provide for the employee (including the implied duty to provide work, pay wages, confidentiality, and the implied duty of trust and confidence), and the corresponding implied obligations of the employee (including the duty of faithful service, duty to use skill and care). There is also a discussion of whistleblowing and public interest disclosures. It then explains; employer’s vicarious liability; and statutory provisions relating to harassment.


2020 ◽  
pp. 231-246
Author(s):  
Astra Emir

This chapter considers the provisions of the Employment Rights Act 1996 for the protection of wages. First, it considers the definition of wages, and what are deductions. It then goes on to look at restrictions on unauthorised deductions from wages and payments (ERA, ss 13, 15); excepted deductions and excepted payments (ERA, ss 14, 16); deductions and payments in retail employment (ERA, ss 17–18); and complaints to an employment tribunal (ERA, s 23). The chapter also discusses the rules for national minimum wage and national living wage, covering who qualifies for them, the hourly rates and methods of enforcement.


2020 ◽  
pp. 163-176
Author(s):  
Astra Emir

This chapter considers those provisions of the Equality Act 2010 that deal with equal pay. These include equality of terms and the sex equality clause (s 66); equal work (s 65), ie like work, work rated as equivalent and work of equal value; the defence of material factor (s 69); sex discrimination in relation to contractual pay (s 71); the maternity equality clause (s 73); discussions about pay (s 77); and gender pay gap reporting (s 78). Also covered are rules on jurisdiction (s 127); burden of proof (s 136); time limits (s 129); remedies (s 132); death of a claimant; and backdating awards.


Author(s):  
Astra Emir

This chapter explains the organisation and functions of the following institutions of employment law: the Employment Tribunal and Employment Appeal Tribunal; the Supreme Court, the Advisory, Conciliation and Arbitration Service (ACAS); the Certification Office; the Central Arbitration Committee (CAC); industrial training boards; the Equality and Human Rights Commission; the Health and Safety Executive; the Health and Work Advisory and Assessment Service; and the Low Pay Commission. It also discusses the impact of the EU on UK employment law and the implications of the Human Rights Act 1998 for employment law, and mentions the effect of the European Union (Withdrawal) Act 2018.


2020 ◽  
pp. 247-267
Author(s):  
Astra Emir

This chapter considers the transfer of undertakings. It looks at the background and at the legislation, including the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014. It discusses what counts as a transfer of a business or undertaking, considering service provision changes and transfers within the public administration. Also covered are the mechanics and effects of the transfer, including statutory rights and the effect on the contract of employment; dismissal on transfers and ETO reasons; refusing a transfer; employee liability information; and remedy for failure to notify employee liability information. It also looks at the effect of transfers on collective agreements.


2020 ◽  
pp. 202-230
Author(s):  
Astra Emir

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.


2020 ◽  
pp. 177-201
Author(s):  
Astra Emir

This chapter considers various family-friendly rights designed to assist employees with parental and childcare responsibilities. These are rights such as maternity leave, including ordinary and additional maternity leave, shared parental leave, ordinary and additional adoption leave, keeping in touch days, parental leave, paternity leave, caring for dependants, and applications for flexible working. The chapter also considers which of these types of leave are paid, and if so, how much. A number of these statutory rights and relevant statutory provisions are based on the implementation of a number of EU Directives, and to that extent EU jurisprudence must be considered where appropriate.


Sign in / Sign up

Export Citation Format

Share Document