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Employment law in practice

Employment law in practice

Law of the United Kingdom and Ireland > England and Wales > KD3009

Edition Details

  • Creator or Attribution (Responsibility): Nigel Duncan
  • Language: English
  • Jurisdiction(s): England
  • Publication Information: Oxford ; New York : Oxford University Press, ©2006
  • Material: Internet resource
  • Type: Book, Internet Resource
  • Permalink: http://books.lawi.org.uk/employment-law-in-practice/ (Stable identifier)

Short Description

XXII, 300 pages : forms ; 30 cm

Purpose and Intended Audience

Useful for students learning an area of law, Employment law in practice is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

  • Providing references to further research sources: Search

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Bibliographic information

  • Responsable Person: Inns of Court School of Law.
  • Publication Date: 2006
  • Copyright Date: 2006
  • Location: Oxford
  • Country/State: England
  • Number of Editions: 18 editions
  • First edition Date: 1997
  • Last edition Date: 2014
  • General Notes: Includes index.
  • Languages: British English
  • Library of Congress Code: KD3009
  • Dewey Code: 344.4101
  • ISBN: 0199284881 9780199284887
  • OCLC: 62307313

Publisher Description:

This manual addresses the difficulties in attempting to bring or defend proceedings in an employment tribunal. It provides a basic background of the relevant legal principles and the procedural requirements and explains how these can be used in practice to meet clients' needs.

Main Contents

Abbreviations
Sources for further study and preparation of cases
The sources of employment law
Employment tribunal procedure
The contract of employment
Unfair dismissal and redundancy
Remedies for unfair dismissal and redundancy
Discrimination in employment
Family friendly provisions
Equal pay
The conduct of a case : employment tribunal precedents.

Summary Note

Designed to accompany the employment law option on the Bar Vocational Course, this book is appropriate for trainee barristers. It addresses the difficulties in attempting to bring or defend proceedings in an employment tribunal, and also provides a basic background of the relevant legal principles and the procedural requirements. '''

Table of Contents

OUTLINE CONTENTS
Foreword v
Preface XI
Table of cases XII
Table of statutes XIX
1 Abbreviations 1
2 Sources for further study and preparation of cases 3
3 The sources of employment law 6
4 Employment tribunal procedure 17
5 The contract of employment 69
6 Unfair dismissal and redundancy 104
7 Remedies for unfair dismissal and redundancy 143
8 Discrimination in employment 166
9 Family friendly provisions 200
10 Equal pay 209
11 The conduct of a case: employment tribunal precedents 223
Index 292
DETAILED CONTENTS
Foreword v
Preface XI
Table of cases XII
Table of statutes XIX
1 Abbreviations 1
1.1 Abbreviations 1
2 Sources for further study and preparation of cases 3
2.1 This Manual 3
2.2 Primary sources 3
2.3 Practitioner works 4
2.4 Texts 5
2.5 Periodicals 5
3 The sources of employment law 6
3.1 Introduction 6
3.2 The common law 6
3.3 UK legislation 7
3.4 European Community law 9
3.5 Human Rights Act 199814
3.6 Principles of interpretation 15
3.7 Conclusion 16
4 Employment tribunal procedure 17
4.1 Bringing a claim 17
4.2 Time-limit for bringing a claim 19
4.3 Responding to the claim 24
4.4 Default judgments 26
4.5 Case management 27
4.6 Case management discussions 35
4.7 Pre-hearing reviews 35
4.8 Deposits 39
4.9 Conciliation 39
4.10 Withdrawal of proceedings 41
4.11 The hearing 41
4.12 Orders, judgments and reasons 48
4.13 Enforcement of monetary awards 50
4.14 Power to review judgments and decisions 50
4.15 Calculation of time-limits 53
4.16 Service of documents 53
4.17 Costs orders and orders for expenses 54
4.18 Restricted reporting orders 60
4.19 Appeals to the Employment Appeal Tribunal 60
4.20 Settling employment tribunal cases 65
4.21 Weblinks 68
5 The contract of employment 69
5.1 Introduction: the nature of the contract of employment 69
5.2 Terms of the contract of employment 75
5.3 Variation of terms 88
5.4 National minimum wage 90
5.5 Hours and holidays 90
5.6 Restrictive covenants 91
5.7 Remedies for breach of the contract of employment 94
5.8 Other common law responsibilities 100
5.9 Specimen statutory written statement of terms of employment 102
6 Unfair dismissal and redundancy 104
6.1 An overview: the background to unfair dismissal and redundancy 104
6.2 Unfair dismissal 106
6.3 Acquiring employment rights: continuity of employment 108
6.4 Unfair dismissal 113
6.5 Effective date of termination 117
6.6 The reason for the dismissal 119
6.7 Reasonableness of dismissal 120
6.8 The statutory dismissal and grievance procedures 121
6.9 The 'potentially fair' reasons in detail and the application of reasonableness 124
6.10 Automatically unfair reasons for dismissal 129
6.11 Unfair dismissal flowchart 133
6.12 Redundancy not involving unfair dismissal (ERA 1996, Pt XI) 134
6.13 Interaction of unfair dismissal and redundancy 141
7 Remedies for unfair dismissal and redundancy 143
7.1 Remedies for unfair dismissal 143
7.2 Basic award 144
7.3 Reductions in the basic award 144
7.4 Compensatory award 145
7.5 Adjustments to the compensatory award 150
7.6 Interest 157
7.7 Additional award 158
7.8 Redundancy payments 158
7.9 Overlapping claims: a review 159
7.10 Exercises 161
7.11 Problems 164
8 Discrimination in employment 166
8.1 Unlawful discrimination 166
8.2 Proof in discrimination cases 182
8.3 Remedies 186
8.4 Discrimination on grounds of disability 192
8.5 Part-time workers and fixed-term employees 198
8.6 Discrimination flowchart 198
9 Family friendly provisions 200
9.1 Paid time off for antenatal care 200
9.2 Maternity leave and the right to return to work 200
9.3 Adoption leave 203
9.4 Paternity leave 203
9.5 Parental leave 204
9.6 Statutory maternity pay 204
9.7 Statutory adoption pay 205
9.8 Statutory paternity pay 205
9.9 Maternity allowance 205
9.10 Dependant's leave 205
9.11 Flexible working 205
9.12 Parental rights flowchart 207
10 Equal pay 209
10.1 Introduction 209
10.2 Method of operation 211
10.3 Defences to an equal pay claim 218
10.4 Remedies in equal pay proceedings 221
11 The conduct of a case: employment tribunal precedents 223
11.1 Introduction 223
11.2 The basic forms: the claim form and response form 224
11.3 Mr Red's case: (1) written reasons for dismissal
(2) breach of contract 245
11.4 Ms Orange's case: unfair dismissal/redundancy payment 253
11.5 Mr Yellow's case: constructive unfair dismissal 259
11.6 Mr Green's case: unfair dismissal/transfer of an undertaking 265
11.7 Mr Blue's case: unlawful race discrimination: direct discrimination (claims of harassment
and VIctimisation) 271
11.8 Ms Indigo's case: (1) written reasons for dismissal
(2) (automatically) unfair dismissal by reason of pregnancy
and (3) unlawful sex discrimination 277
11.9 Ms Violet's case: indirect sex discrimination: job claimant 281
Index 292

Structured Subjects (Headings):

Unstructured Subjects (Headings):

Find it in the Library of Congress:

If you wish to locate similar books to “Employment law in practice”, they can be found under the 344.4101 in a public library, and the Library of Congress call numbers starting with KD3009 in most university libraries. If you wish to look up similar titles to “Employment law in practice” in an on-line library catalog, the official Library of Congress Subject Headings under which they can be found are:

England
Great Britain
Labor laws and legislation



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  • Article Name: Employment law in practice
  • Author: Robert Lobnikar
  • Description: Employment law in practice Law of the United Kingdom and Ireland > England and Wales > KD3009 Edition Details Creator or [...]

This entry was last updated: February 2, 2017

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