LRD Booklets June 2014

Law at Work 2014

Introduction

Introduction [pages 14-22] (2,865 words)

This 2014 edition of Law at Work marks 26 years of the Labour Research Department’s publication of our comprehensive employment law guide. The ...
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Chapter 1

1. THE EMPLOYMENT LAW SYSTEM [ch 1: page 23] (62 words)

Significant changes have been made to the employment tribunal system under the current government, against the backdrop of the government’s ...
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Introduction to the employment law system [ch 1: pages 23-24] (660 words)

The employment tribunal system [ch 1: pages 24-25] (662 words)

Bringing a tribunal claim [ch 1: pages 26-27] (1,459 words)

Paying the tribunal fee or applying for fee remission [ch 1: pages 28-29] (527 words)

Remission [ch 1: pages 30-32] (892 words)

The ET1 Claim Form [ch 1: pages 32-33] (411 words)

What happens to the ET1 Claim Form? [ch 1: page 33] (289 words)

Time limits [ch 1: pages 33-34] (407 words)

Initial Consideration — the “Sift” [ch 1: page 34] (150 words)

Case Management Orders [ch 1: pages 34-35] (169 words)

Preliminary hearings [ch 1: pages 35-36] (601 words)

Exchange of documents [ch 1: pages 36-37] (260 words)

Fixing a date for the hearing [ch 1: page 37] (93 words)

Postponement requests [ch 1: page 37] (275 words)

The main hearing [ch 1: pages 37-38] (227 words)

Witness statements [ch 1: page 38] (97 words)

Judgment — written reasons [ch 1: page 38] (136 words)

Costs orders [ch 1: pages 38-40] (699 words)

Financial penalties paid by an employer [ch 1: page 40] (90 words)

Appealing to the Employment Appeal Tribunal [ch 1: pages 40-41] (378 words)

Other courts [ch 1: page 41] (95 words)

Settlement agreements (previously known as compromise agreements) [ch 1: pages 41-43] (517 words)

Protected Conversations [ch 1: pages 43-44] (422 words)

Improper behaviour [ch 1: page 44] (129 words)

Personal injury claims [ch 1: page 44] (150 words)

More information [ch 1: page 44] (37 words)

Chapter 2

2. CATEGORIES OF WORKER [ch 2: pages 45-46] (530 words)

There are legal distinctions between an employee, a worker and someone who is genuinely self-employed. These distinctions are important because ...
Subscribers only

Employee, worker or self-employed? [ch 2: pages 46-47] (197 words)

Mutuality of obligation [ch 2: page 47] (256 words)

Obligation to carry out work personally [ch 2: pages 47-49] (817 words)

Degree of control [ch 2: page 49] (152 words)

Consistency [ch 2: page 49] (75 words)

Self-employment [ch 2: pages 49-50] (230 words)

Checklist: Are you really self-employed? [ch 2: page 50] (106 words)

Bogus self-employment [ch 2: pages 50-51] (189 words)

The Gangmasters’ Licensing Authority [ch 2: page 51] (203 words)

Casual workers [ch 2: pages 51-52] (119 words)

Rights during each assignment [ch 2: page 52] (98 words)

Rights between assignments [ch 2: pages 52-53] (331 words)

Zero-hours contract workers [ch 2: page 53] (278 words)

Sports Direct challenge [ch 2: page 53] (110 words)

Unions criticise government review of zero-hours contracts [ch 2: pages 54-55] (430 words)

Homeworkers [ch 2: page 55] (106 words)

Volunteers [ch 2: page 55] (152 words)

Interns [ch 2: pages 55-56] (182 words)

Young workers [ch 2: page 56] (199 words)

Apprentices [ch 2: pages 56-57] (457 words)

Children [ch 2: pages 57-58] (198 words)

Part-time workers [ch 2: pages 58-60] (892 words)

Temporary (fixed-term) employees [ch 2: pages 60-62] (1,051 words)

Agency workers [ch 2: pages 62-63] (135 words)

Rights under the Agency Workers Regulations 2010 [ch 2: page 63] (83 words)

Day 1 Rights [ch 2: page 63] (82 words)

12-week Rights [ch 2: pages 63-64] (230 words)

Improved pregnancy rights [ch 2: page 64] (345 words)

The Swedish derogation [ch 2: page 65] (344 words)

TUC complaint to European Commission — Swedish derogation [ch 2: page 65] (65 words)

Other rights for agency workers [ch 2: page 66] (171 words)

Government consultation on the employment agencies regulations [ch 2: page 66] (79 words)

Can an agency worker claim unfair dismissal? [ch 2: pages 66-68] (738 words)

More information about the Agency Workers Regulations [ch 2: page 68] (63 words)

Crown employees [ch 2: page 68] (142 words)

Migrant domestic workers [ch 2: page 68] (74 words)

The ILO Domestic Workers Convention [ch 2: page 69] (127 words)

The Modern Slavery Bill [ch 2: page 69] (115 words)

Working outside the UK [ch 2: pages 69-70] (295 words)

Employee Shareholders [ch 2: pages 70-71] (385 words)

Chapter 3

3. STARTING WORK AND THE EMPLOYMENT CONTRACT [ch 3: pages 72-73] (834 words)

Most employers require a reference before they will employ someone. Young workers starting work for the first time are likely to have references from ...
Subscribers only

What if an employer checks out the “digital footprint” of potential applicants? [ch 3: pages 73-74] (340 words)

Checking the right to work in the UK [ch 3: pages 74-75] (429 words)

Ban on pre-employment health checks [ch 3: page 75] (223 words)

Criminal convictions [ch 3: page 76] (352 words)

Disclosure and Barring Checks (previously called Criminal Records Checks) [ch 3: pages 76-77] (172 words)

Disclosure and Barring Update Service (DBS) [ch 3: page 77] (115 words)

Ban on questions about pension opt-out during recruitment [ch 3: page 77] (98 words)

The employment contract [ch 3: pages 77-78] (276 words)

Written statement of employment particulars [ch 3: pages 78-80] (656 words)

Terms of the contract [ch 3: page 80] (51 words)

Express terms [ch 3: pages 80-81] (691 words)

Implied terms [ch 3: page 81] (130 words)

Custom and practice [ch 3: pages 82-84] (1,151 words)

Implied duty to provide a safe working environment [ch 3: page 84] (46 words)

Implied duty not to cause psychiatric harm [ch 3: pages 84-85] (510 words)

Works rules and collective agreements [ch 3: pages 85-86] (535 words)

Is the collective term “apt” for incorporation? [ch 3: pages 86-88] (958 words)

Illegal contract terms [ch 3: pages 88-90] (801 words)

Restrictive covenants [ch 3: page 90] (225 words)

Contract changes [ch 3: pages 91-93] (1,325 words)

Breach of contract [ch 3: pages 93-95] (646 words)

Forcing change by terminating contract and offering new (worse) terms [ch 3: pages 95-96] (542 words)

Other remedies [ch 3: page 96] (250 words)

More information on employment contracts [ch 3: page 96] (60 words)

Chapter 4

4. RIGHTS TO PAY AND CONDITIONS [ch 4: page 97] (197 words)

Under the National Minimum Wage Act 1998, UK workers have the right to a minimum wage, currently set at £6.31 an hour for those aged 21 or over (£6. ...
Subscribers only

Who is eligible for the National Minimum Wage? [ch 4: pages 97-98] (343 words)

Excluded workers [ch 4: page 98] (285 words)

Abolition of the Agricultural Wages Board [ch 4: page 99] (256 words)

How the National Minimum Wage is calculated [ch 4: page 99] (94 words)

NMW for hours spent sleeping [ch 4: page 100] (366 words)

Overnight accommodation [ch 4: pages 100-101] (513 words)

Agreements on working hours and the NMW [ch 4: pages 101-102] (215 words)

Basic pay [ch 4: page 102] (136 words)

Tips [ch 4: page 102] (40 words)

Piece workers [ch 4: page 102] (58 words)

Travelling between assignments and the NMW [ch 4: pages 102-103] (218 words)

The NMW and time on standby [ch 4: page 103] (92 words)

Bringing a claim for the NMW [ch 4: pages 103-104] (429 words)

HMRC penalties for employers who fail to pay NMW [ch 4: page 104] (151 words)

Government plans to simplify the NMW Regulations [ch 4: page 104] (40 words)

Pay slips and pay intervals [ch 4: pages 104-105] (165 words)

Deductions and underpayments [ch 4: pages 105-108] (1,384 words)

Overpayments and other exceptions [ch 4: pages 108-109] (830 words)

Guarantee pay [ch 4: pages 109-110] (547 words)

Medical suspension pay [ch 4: pages 110-111] (172 words)

Maternity suspension [ch 4: page 111] (100 words)

Overtime pay [ch 4: page 111] (217 words)

Pensions — auto-enrolment [ch 4: page 112] (274 words)

Working hours and breaks [ch 4: pages 112-113] (195 words)

Opting out of the 48-hour week [ch 4: page 113] (367 words)

Time on call [ch 4: pages 113-114] (227 words)

Night workers [ch 4: page 114] (50 words)

Rest breaks [ch 4: pages 114-115] (761 words)

Holidays and holiday pay [ch 4: pages 116-119] (1,691 words)

Holidays and sickness absence [ch 4: page 119] (73 words)

Workers build up holiday while off sick [ch 4: page 119] (76 words)

Carrying forward unused holiday after sickness [ch 4: pages 119-120] (511 words)

Falling ill while on holiday [ch 4: pages 120-121] (340 words)

Bank holidays [ch 4: page 121] (184 words)

Time off for public duties [ch 4: pages 121-122] (287 words)

Time off for study or training [ch 4: pages 122-123] (412 words)

Other statutory rights to time off [ch 4: page 123] (57 words)

More information on pay and working time [ch 4: page 123] (46 words)

Chapter 5

5. UNION AND COLLECTIVE ORGANISATION [ch 5: page 124] (482 words)

Most union and collective organisation rights are found in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), which was amended ...
Subscribers only

The right to recognition [ch 5: page 125] (28 words)

The right to engage in collective bargaining [ch 5: page 125] (352 words)

Voluntary recognition [ch 5: pages 125-126] (235 words)

Statutory recognition [ch 5: pages 126-127] (340 words)

The statutory recognition procedure [ch 5: pages 127-129] (1,142 words)

The recognition ballot [ch 5: pages 129-131] (614 words)

Rise in applications for statutory recognition in 2012-13 [ch 5: page 130] (157 words)

Derecognition [ch 5: page 131] (232 words)

Territorial scope [ch 5: pages 131-132] (125 words)

More information on recognition [ch 5: page 132] (61 words)

Protection of union members [ch 5: page 132] (254 words)

Anti-union blacklists [ch 5: pages 132-134] (671 words)

The Anti-blacklisting campaign — key victories and developments [ch 5: pages 135-136] (557 words)

Victimisation [ch 5: pages 134-138] (1,132 words)

Interim relief [ch 5: pages 138-139] (632 words)

Disciplinary action against union representatives [ch 5: page 139] (92 words)

Right to time off [ch 5: pages 140-141] (892 words)

Rights to information [ch 5: pages 141-142] (317 words)

Employee reps and European Works Councils [ch 5: pages 142-143] (224 words)

National level information and consultation [ch 5: page 143] (205 words)

Internal union matters [ch 5: pages 143-144] (465 words)

The Transparency of Lobbying, Non-party campaigning and Trade Union Administration Act 2014 [ch 5: page 145] (171 words)

Check off arrangements [ch 5: pages 145-146] (276 words)

Government attacks on trade union rights and facility arrangements [ch 5: page 146] (183 words)

Further information on union rights [ch 5: page 146] (54 words)

Chapter 6

6. DISCRIMINATION [ch 6: page 147] (170 words)

The Equality Act 2010 (EA 10) became law on 8 April 2010. The EA 10 did not make many significant changes to existing equality laws, but it helpfully ...
Subscribers only

Tribunal fees [ch 6: page 147] (86 words)

Acas early conciliation [ch 6: page 147] (32 words)

The protected characteristics [ch 6: pages 147-148] (185 words)

Age [ch 6: page 148] (278 words)

Disability [ch 6: page 149] (239 words)

What are normal day-to-day activities? [ch 6: page 149] (69 words)

Proving the existence of disability [ch 6: pages 149-150] (371 words)

People who had a disability but have since recovered [ch 6: page 150] (84 words)

Statutory guidance on the meaning of disability [ch 6: pages 150-151] (501 words)

Certain conditions are deemed a disability [ch 6: pages 151-152] (71 words)

Progressive conditions [ch 6: page 152] (64 words)

Conditions that can be corrected by medication or treatment [ch 6: page 152] (64 words)

Recurring conditions [ch 6: page 152] (134 words)

Can a prospective employer ask about disability on the job application form? [ch 6: page 152] (40 words)

What if the employer does not know about the disability? [ch 6: pages 152-154] (714 words)

Is there an obligation to tell the employer about the disability? [ch 6: page 153] (110 words)

Gender reassignment [ch 6: page 154] (275 words)

Marriage and civil partnership [ch 6: page 155] (259 words)

Sexual orientation [ch 6: page 155] (44 words)

Race [ch 6: pages 155-156] (207 words)

Caste [ch 6: page 156] (94 words)

Religion or belief [ch 6: pages 156-157] (368 words)

Political belief [ch 6: page 157] (217 words)

Pregnancy or maternity [ch 6: pages 157-159] (595 words)

Surrogacy [ch 6: page 159] (82 words)

IVF [ch 6: page 159] (107 words)

Sex or gender [ch 6: page 159] (25 words)

Who is protected by the Equality Act 2010? [ch 6: pages 159-160] (390 words)

Volunteers [ch 6: page 160] (188 words)

Interns [ch 6: page 161] (82 words)

Workers outside Great Britain [ch 6: page 161] (72 words)

Seafarers and discrimination [ch 6: page 161] (70 words)

Illegal workers and discrimination [ch 6: page 161] (195 words)

What conduct is prohibited by the Equality Act 2010? [ch 6: page 162] (57 words)

Direct discrimination [ch 6: page 162] (194 words)

What is less favourable treatment? [ch 6: pages 162-163] (235 words)

The need for a comparator [ch 6: page 163] (264 words)

Associative discrimination and harassment [ch 6: pages 163-164] (266 words)

Perception discrimination and harassment [ch 6: page 164] (101 words)

Is there a defence to direct discrimination? [ch 6: pages 164-165] (494 words)

Are there any exceptions to the definition of direct discrimination? [ch 6: pages 165-166] (270 words)

Indirect discrimination [ch 6: pages 166-167] (531 words)

What is a provision, criterion or practice (PCP)? [ch 6: page 167] (186 words)

Must you show disadvantage to a particular group of workers apart from just you? [ch 6: page 168] (99 words)

Does it matter that you could have complied with the PCP if you wanted to? [ch 6: page 168] (80 words)

Must you prove genuine disadvantage to you as a result of the PCP? [ch 6: page 168] (78 words)

Must there be a comparator group? [ch 6: page 168] (91 words)

Is there a defence to a claim for indirect discrimination? [ch 6: pages 168-169] (353 words)

Religious belief in the workplace [ch 6: pages 169-170] (832 words)

Working hours and religious observance [ch 6: page 170] (275 words)

Discrimination arising from disability [ch 6: pages 171-172] (326 words)

The duty to make reasonable adjustments for disabled workers [ch 6: pages 172-173] (278 words)

Auxiliary aids [ch 6: page 173] (73 words)

Physical features [ch 6: page 173] (86 words)

Substantial disadvantage [ch 6: page 173] (22 words)

Reasonable adjustments and sick pay [ch 6: page 173] (83 words)

Only “reasonable” adjustments are required [ch 6: pages 173-174] (554 words)

What if the employer does not know the worker is disabled? [ch 6: page 175] (78 words)

Harassment [ch 6: page 175] (41 words)

Defining harassment [ch 6: page 175] (82 words)

What sort of conduct could amount to harassment under the EA 10? [ch 6: pages 175-176] (512 words)

Sexual harassment [ch 6: pages 176-177] (256 words)

Associative harassment [ch 6: page 177] (43 words)

Perception harassment [ch 6: page 177] (37 words)

Harassment “related to” the protected characteristic [ch 6: page 177] (117 words)

Liability for third party harassment [ch 6: pages 177-178] (207 words)

What if employees are harassed by co-workers employed by a different employer? [ch 6: pages 178-179] (335 words)

The employer’s duty to act [ch 6: page 179] (27 words)

Suspension [ch 6: page 179] (56 words)

Other laws relevant to a claim for workplace harassment [ch 6: page 179] (124 words)

More information on harassment [ch 6: page 179] (28 words)

Victimisation [ch 6: pages 179-181] (672 words)

What happens after employment has ended? [ch 6: page 181] (109 words)

The employer’s liability for discrimination and harassment [ch 6: page 181] (140 words)

The employer’s ‘reasonable steps’ defence [ch 6: page 182] (275 words)

Harassment or discrimination outside work [ch 6: page 182] (81 words)

Practical applications of discrimination law in the workplace [ch 6: page 183] (347 words)

Access to promotion and job changes [ch 6: pages 183-184] (329 words)

Voluntary positive action in recruitment and promotion [ch 6: pages 184-185] (305 words)

Terms and conditions [ch 6: page 185] (214 words)

Dress codes [ch 6: pages 185-186] (144 words)

Disciplinary, capability and grievance procedures [ch 6: pages 186-187] (386 words)

Termination of employment [ch 6: page 187] (200 words)

Redundancy [ch 6: page 187] (26 words)

Retirement [ch 6: pages 187-189] (796 words)

Extension of the right to request flexible working [ch 6: page 189] (40 words)

Equal pay [ch 6: pages 189-190] (326 words)

Sex equality clause [ch 6: page 190] (97 words)

What terms are covered by the sex equality clause? [ch 6: pages 190-191] (292 words)

What is equal work? [ch 6: pages 191-192] (299 words)

Who can an employee compare herself with? [ch 6: pages 192-193] (548 words)

What does “in the same employment” mean? [ch 6: page 193] (182 words)

The employer’s genuine material factor defence [ch 6: pages 193-194] (334 words)

The material factor must be genuine [ch 6: page 194] (249 words)

The employer’s reason must not be “tainted by sex” [ch 6: pages 194-195] (99 words)

Indirect discrimination and equal pay [ch 6: pages 195-196] (487 words)

Part-time work and equal pay [ch 6: page 196] (174 words)

Pieceworkers and equal pay [ch 6: page 196] (52 words)

Length of service [ch 6: page 196] (32 words)

Time limits [ch 6: pages 196-197] (228 words)

What can be claimed? [ch 6: page 197] (45 words)

Pay transparency and equal pay audits [ch 6: pages 197-198] (340 words)

Abolition of the statutory equal pay questionnaire [ch 6: page 198] (193 words)

Pay secrecy and information on the pay gap [ch 6: page 198] (112 words)

The Public Sector Equality Duty [ch 6: pages 198-200] (479 words)

Bringing a discrimination claim [ch 6: page 200] (265 words)

Asking an employer questions about suspected discrimination [ch 6: pages 200-201] (253 words)

Time limits [ch 6: pages 201-202] (261 words)

Continuing discrimination [ch 6: pages 202-203] (441 words)

Extending time to bring a discrimination claim [ch 6: page 203] (179 words)

Length of service [ch 6: page 203] (25 words)

Claims against bodies other than employers [ch 6: page 203] (40 words)

Claims against individual discriminators and harassers [ch 6: pages 203-204] (149 words)

Power to make recommendations [ch 6: page 204] (129 words)

Planned repeal of the power to make wider recommendations [ch 6: page 204] (177 words)

Compensation [ch 6: pages 204-206] (765 words)

More information on discrimination [ch 6: page 206] (81 words)

Chapter 7

7. SICK PAY AND SICKNESS ABSENCE [ch 7: page 207] (75 words)

An employer must provide employees with details of their sick pay entitlement as part of the written statement of employment particulars within two ...
Subscribers only

How much is SSP? [ch 7: page 207] (286 words)

Eligibility for SSP [ch 7: pages 207-208] (119 words)

Rules about notifying the employer [ch 7: page 208] (83 words)

Claiming SSP [ch 7: page 208] (47 words)

The Fit Note [ch 7: page 208] (230 words)

The purpose of the Fit Note [ch 7: pages 208-209] (412 words)

More information about fit notes [ch 7: page 209] (80 words)

The Health and Work Service [ch 7: page 210] (321 words)

Occupational sick pay [ch 7: pages 210-211] (450 words)

Establishing a contractual entitlement to sick pay [ch 7: pages 211-212] (163 words)

Sickness absence procedures [ch 7: page 212] (138 words)

Can an employer make sick pay conditional on being satisfied the sickness is “genuine”? [ch 7: pages 212-213] (465 words)

Phased returns and sick pay [ch 7: page 213] (316 words)

Occupational sick pay and pregnancy [ch 7: page 214] (61 words)

Dismissal for pregnancy-related sickness [ch 7: page 214] (218 words)

Sickness and holiday [ch 7: page 214] (27 words)

Sickness during notice period [ch 7: page 214] (76 words)

Dismissal due to sickness [ch 7: pages 214-217] (1,132 words)

Disability and sickness absence [paes 217-218] (396 words)

Sick pay for disability-related absence [ch 7: page 218] (80 words)

Calculating disability-related sickness absence [ch 7: page 218] (157 words)

What if the employer does not know about the disability? [ch 7: page 219] (122 words)

Advising a member at risk of dismissal for long-term sickness absence [ch 7: page 219] (263 words)

Keeping in touch with absent staff [ch 7: page 220] (125 words)

Intermittent absence [ch 7: page 220] (233 words)

Advising a member at risk of dismissal for intermittent absence [ch 7: pages 220-221] (171 words)

Sickness absence and strike action [ch 7: page 221] (220 words)

Sickness absence and redundancy selection [ch 7: pages 221-222] (101 words)

Medical reports [ch 7: page 222] (210 words)

Pre-employment health checks [ch 7: page 222] (62 words)

Surveillance of employees on sick leave [ch 7: pages 222-223] (360 words)

More information about sick pay and sickness absence [ch 7: page 223] (69 words)

Chapter 8

8. RIGHTS TO TIME OFF WORK FOR WORKING PARENTS AND CARERS [ch 8: page 224] (63 words)

This Chapter sets out the rights available to working parents and carers at the time of writing. However, reps should note that these rights will ...
Subscribers only

Minimum statutory rights to leave [ch 8: page 224] (131 words)

Protection from detriment or dismissal [ch 8: page 224] (164 words)

Maternity rights [ch 8: pages 224-225] (344 words)

Maternity and Adoption leave [ch 8: page 225] (127 words)

Who is eligible for Statutory Maternity Leave? [ch 8: pages 225-226] (163 words)

The key elements of statutory maternity leave [ch 8: page 226] (84 words)

Who is eligible for Statutory Adoption Leave? [ch 8: page 226] (116 words)

Giving notice of intention to take Statutory Maternity Leave [ch 8: pages 226-227] (215 words)

Giving notice of intention to take Statutory Adoption Leave [ch 8: page 227] (116 words)

Statutory Maternity Leave start date [ch 8: page 227] (77 words)

Statutory Adoption Leave start date [ch 8: page 227] (45 words)

Returning to work early [ch 8: pages 227-228] (44 words)

Sharing Statutory Maternity or Adoption Leave [ch 8: page 228] (126 words)

Additional Paternity Leave [ch 8: page 228] (138 words)

Who is eligible for Additional Paternity Leave? [ch 8: page 228] (121 words)

When can APL be taken and for how long? [ch 8: pages 228-229] (116 words)

Notifying intention to take APL [ch 8: page 229] (111 words)

Rights during Statutory Maternity, Adoption and Additional Paternity Leave [ch 8: page 229] (111 words)

Pension contributions [ch 8: page 229] (76 words)

Keeping in touch [ch 8: page 230] (138 words)

Keeping in touch (KIT) days [ch 8: page 230] (105 words)

Ordinary Paternity Leave [ch 8: page 230] (111 words)

Who qualifies for OPL? [ch 8: pages 230-231] (96 words)

Notifying intention to claim OPL [ch 8: page 231] (106 words)

Holiday entitlement [ch 8: page 231] (203 words)

Returning to work [ch 8: pages 231-232] (403 words)

Statutory rights to pay during leave [ch 8: page 232] (109 words)

How much is SMP? [ch 8: pages 232-233] (186 words)

Maternity Allowance [ch 8: page 233] (42 words)

Statutory Adoption Pay [ch 8: page 233] (77 words)

How much is Statutory Adoption Pay? [ch 8: page 233] (33 words)

Maternity leave and sick pay [ch 8: pages 233-234] (91 words)

More information about statutory entitlements during pregnancy [ch 8: page 234] (26 words)

Statutory Paternity Pay [ch 8: page 234] (39 words)

Additional Statutory Paternity Pay [ch 8: page 234] (72 words)

How much is ASPP? [ch 8: page 234] (130 words)

Contractual maternity or adoption pay [ch 8: pages 234-235] (151 words)

Right to medical suspension — pregnancy and childbirth [ch 8: page 235] (168 words)

Breastfeeding at work [ch 8: pages 235-236] (240 words)

Parental leave [ch 8: pages 236-237] (377 words)

Leave for Family Emergencies [pages 237-238] (465 words)

Flexible working — changes to the law expected from 30 June 2014 [ch 8: pages 238-239] (531 words)

How an employer should respond to a request [ch 8: pages 239-243] (1,489 words)

Employee Shareholder Status: Impact on maternity leave and flexible working rights [ch 8: page 242] (117 words)

Rights to time off for working parents and carers — change is on the way [ch 8: pages 243-245] (1,041 words)

Chapter 9

9. INDUSTRIAL ACTION [ch 9: page 246] (347 words)

The law relating to industrial action covers not just strikes but lockouts, go slows, working to rule, and refusing to cross picket lines, regardless ...
Subscribers only

International condemnation [ch 9: page 246] (131 words)

European Community law [ch 9: page 247] (404 words)

The immunities [ch 9: page 247] (49 words)

Trade dispute [ch 9: page 248-249] (723 words)

Workplace reps [ch 9: page 249] (205 words)

“Official” or “unofficial” action [ch 9: pages 250-251] (527 words)

Balloting [ch 9: pages 251-255] (1,853 words)

Requirements to notify employers [ch 9: pages 255-256] (823 words)

Picketing [ch 9: pages 256-258] (608 words)

Supporting other workers [ch 9: page 258] (113 words)

Launch of the Campaign for Trade Union Freedom [ch 9: page 258] (78 words)

How the law aids employers [ch 9: page 258] (57 words)

Injunctions [ch 9: pages 258-259] (364 words)

Dismissal [ch 9: pages 259-260] (157 words)

No protection from action short of dismissal [ch 9: page 260] (73 words)

Deducting pay [ch 9: pages 260-261] (515 words)

Lockouts [ch 9: page 261] (270 words)

Criminal law [ch 9: pages 261-262] (309 words)

State benefits for strikers [ch 9: pages 262-263] (236 words)

Continued attacks on right to take lawful industrial action [ch 9: page 263] (105 words)

Further reading from the Institute of Employment Rights [ch 9: page 263] (92 words)

Chapter 10

10. DISMISSAL [ch 10: pages 264-265] (423 words)

Unlike many of the laws discussed in this guide, unfair dismissal law is largely “home-grown” domestic legislation, as opposed to having been ...
Subscribers only

Who is allowed to bring a claim for unfair dismissal? [ch 10: page 264] (330 words)

What is a dismissal? [ch 10: page 266] (188 words)

Resignation [ch 10: pages 266-267] (342 words)

Can notice be withdrawn? [ch 10: page 267] (214 words)

Employees cannot contract out of unfair dismissal protection [ch 10: pages 267-268] (171 words)

Giving notice to end the employment contract [ch 10: pages 268-269] (502 words)

Notice pay during sickness absence [ch 10: page 269] (70 words)

Non-renewal of a fixed-term contract [ch 10: page 269] (59 words)

Constructive dismissal [ch 10: page 269] (118 words)

What is a fundamental breach of the contract? [ch 10: pages 269-271] (849 words)

The effect of delay [ch 10: pages 271-274] (1,090 words)

Constructive dismissal claims and the Acas Code on Disciplinary and Grievance Procedures [ch 10: page 274] (194 words)

When will a dismissal be unfair? [ch 10: pages 274-275] (207 words)

Was the dismissal reasonable in all the circumstances? [ch 10: pages 275-276] (410 words)

Right to written reasons for dismissal [ch 10: page 276] (153 words)

Statutory fair reasons for dismissal [ch 10: pages 276-277] (218 words)

Conduct [ch 10: pages 277-278] (447 words)

Gross misconduct [ch 10: pages 278-279] (537 words)

Disciplinary procedures [ch 10: pages 279-282] (1,414 words)

Disciplinary warnings [ch 10: pages 282-284] (745 words)

Lapsed warnings [ch 10: page 284] (209 words)

Appeals [ch 10: pages 284-285] (148 words)

More information on disciplinary procedures [ch 10: page 285] (29 words)

Redundancy [ch 10: page 285] (81 words)

Complying with a legal duty or restriction [ch 10: page 285] (203 words)

Some other substantial reason [ch 10: pages 285-286] (128 words)

Refusal to agree changes to terms and conditions [ch 10: pages 286-287] (596 words)

Breakdown in trust and confidence [ch 10: page 287] (82 words)

Third party pressure [ch 10: pages 287-288] (401 words)

Restrictive covenants [ch 10: page 288] (66 words)

Retirement is no longer a fair reason for dismissal [ch 10: pages 288-289] (190 words)

Automatically unfair reasons for dismissal [ch 10: pages 289] (105 words)

Pregnancy and parental rights [ch 10: page 289] (207 words)

Business transfers [ch 10: pages 289-290] (108 words)

Trade union membership [ch 10: page 290] (349 words)

Union recognition [ch 10: page 291] (22 words)

Blacklisting [ch 10: page 291] (35 words)

Representation rights [ch 10: page 291] (29 words)

Protected industrial action [ch 10: page 291] (30 words)

Enforcing a statutory right [ch 10: page 291] (181 words)

Spent convictions [ch 10: page 291] (48 words)

Part-time or fixed-term employees [ch 10: page 291] (26 words)

Agency workers [ch 10: page 291] (28 words)

Health and safety reasons [ch 10: page 291] (300 words)

Whistleblowing [ch 10: pages 292-293] (417 words)

What is a protected disclosure? [ch 10: pages 293-294] (142 words)

Whistleblowing developments [ch 10: page 294] (169 words)

Refusal to work on Sundays [ch 10: page 294] (26 words)

Employee representatives and pension fund trustees [ch 10: page 294] (57 words)

Pension auto-enrolment [ch 10: page 295] (41 words)

Minimum wage and working time [ch 10: page 295] (30 words)

Dismissal while on strike [ch 10: pages 295-296] (508 words)

Dismissal for political belief or affiliation [ch 10: page 296] (300 words)

The right to be accompanied [ch 10: pages 296-298] (915 words)

The Human Rights Act and the right to be accompanied [ch 10: pages 298-299] (292 words)

Disciplinary records [ch 10: page 299] (108 words)

The Effective Date of Termination [ch 10: pages 299-300] (652 words)

What if an employer cuts short your notice? [ch 10: page 301] (104 words)

How will an appeal affect the EDT? [ch 10: page 301] (70 words)

Extending time to bring an unfair dismissal claim [ch 10: pages 301-302] (766 words)

What is continuous employment? [ch 10: pages 302-305] (1,134 words)

Remedies in a claim for unfair dismissal [ch 10: page 305] (78 words)

Reinstatement or re-engagement [ch 10: pages 305-306] (572 words)

Unfair dismissal compensation [ch 10: page 307] (36 words)

The basic award [ch 10: page 307] (323 words)

The compensatory award [ch 10: pages 307-308] (198 words)

The compensatory award — what can be claimed [ch 10: pages 308-309] (516 words)

Mitigating losses [ch 10: pages 309-311] (737 words)

Contributory fault [ch 10: page 311] (285 words)

Other deductions and adjustments [ch 10: pages 311-312] (226 words)

The statutory cap [ch 10: page 312] (195 words)

The additional award [ch 10: page 312] (162 words)

Interest [ch 10: page 313] (23 words)

Insolvency [ch 10: page 314] (272 words)

Wrongful dismissal [ch 10: pages 313-314] (270 words)

More information on dismissal [ch 10: page 314] (36 words)

Chapter 11

11. REDUNDANCY [ch 11: pages 315-316] (438 words)

Not every situation in which employees lose their job through no fault of their own is covered by redundancy law and confusingly, “redundancy” ...
Subscribers only

What if there is less work but no cut in the number of employees? [ch 11: pages 316-317] (598 words)

Relocation redundancy [ch 11: pages 317-318] (477 words)

Reorganisation or change in duties [ch 11: pages 318-319] (478 words)

Has there been a dismissal? [ch 11: page319] (95 words)

Voluntary redundancy [ch 11: pages 319-320] (367 words)

Ending fixed-term contracts [ch 11: page 320] (213 words)

Notice [ch 11: page 321] (312 words)

Collective redundancy consultation [ch 11: pages 321-322] (313 words)

The duty to provide information to reps [ch 11: pages 322-323] (195 words)

UNISON: Agency Workers Regulations disclosure victories [ch 11: page 323] (295 words)

What about data protection and confidentiality? [ch 11: page 324] (122 words)

Consultation [ch 11: pages 324-325] (596 words)

When does consultation end? [ch 11: pages 325-326] (271 words)

Calculating the number of employees [ch 11: page 326] (140 words)

Redeployment [ch 11: page 326] (101 words)

Fundamental changes to terms and conditions [ch 11: page 326] (135 words)

Ending of fixed-term contracts? [ch 11: page 327] (175 words)

The mechanics of collective consultation [ch 11: page 327] (65 words)

Who should be consulted? [ch 11: pages 327-328] (379 words)

Rights to time off, facilities and training [ch 11: page 328] (126 words)

The employer’s obligation to notify BIS [ch 11: pages 328-329] (68 words)

The subject matter of collective consultation [ch 11: pages 329-330] (462 words)

Acas guidance: How to manage collective redundancies [ch 11: page 330] (222 words)

Remedies for failure to consult — protective award [ch 11: page 331] (192 words)

Calculating the protective award [ch 11: page 331] (245 words)

The “special circumstances” defence [ch 11: pages 331-332] (382 words)

Selection for redundancy [ch 11: pages 332-334] (594 words)

Deciding on the selection pool [ch 11: page 334] (307 words)

Selection criteria and methods [ch 11: pages 334-335] (358 words)

Disability [ch 11: pages 335-336] (466 words)

Age [ch 11: page 336] (100 words)

Last in, first out [ch 11: page 337] (231 words)

Trade union membership and activities [ch 11: page 337] (207 words)

Sex, pregnancy and maternity discrimination [ch 11: pages 338-339] (919 words)

Redundancy selection and part-time or fixed-term employees [ch 11: pages 339-340] (147 words)

Apprentices [ch 11: page 340] (29 words)

Individual consultation [ch 11: pages 340-341] (611 words)

Alternative work [ch 11: pages 341-344] (952 words)

Maternity, adoption and additional paternity leave [ch 11: pages 344-345] (725 words)

The statutory trial period [ch 11: page 345] (226 words)

Looking for work [ch 11: page 346] (131 words)

Unfair dismissal and redundancy [ch 11: pages 346-347] (438 words)

Challenging redundancy dismissals [ch 11: pages 347-348] (566 words)

Qualifying for redundancy rights [ch 11: page 349] (70 words)

Crown employees [ch 11: page 349] (64 words)

Redundancy payments [ch 11: pages 349-350] (326 words)

Enhanced redundancy pay [ch 11: page 350] (18 words)

Establishing a contractual right to a redundancy payment [ch 11: pages 350-351] (974 words)

Redundancy pay and age discrimination [ch 11: pages 352-353] (493 words)

Redundancies in local government [ch 11: page 353] (111 words)

Redundancy payments and tax [ch 11: page 353] (59 words)

Redundancy payments and insolvency [ch 11: pages 353-354] (418 words)

State benefits [ch 11: page 355] (28 words)

More information on redundancies [ch 11: page 355] (146 words)

Chapter 12

12. BUSINESS TRANSFERS AND CONTRACTING OUT — TUPE [ch 12: page 356] (222 words)

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), were introduced to protect the rights of employees on the transfer ...
Subscribers only

Some key facts about TUPE [ch 12: page 357] (440 words)

Relevant transfers [ch 12: page 356-358] (175 words)

Business transfers [ch 12: page 358] (399 words)

Service provision changes [ch 12: pages 359-360] (764 words)

Change in identity of the client commissioning the services [ch 12: page 360] (84 words)

Organised grouping of employees [ch 12: pages 360-362] (877 words)

Service fragmentation [ch 12: pages 362-263] (515 words)

Statutory exceptions limiting service provision change [ch 12: pages 363-364] (67 words)

Single specific event or task of short-term duration [ch 12: page 364] (311 words)

Activities consisting wholly or mainly of the supply of goods [ch 12: page 364] (152 words)

Who transfers? [ch 12: pages 365-366] (749 words)

Workforce reorganisation in the run up to a transfer [ch 12: pages 366-368] (665 words)

Retention of Employment Model [ch 12: page 368] (175 words)

Objecting to the transfer [ch 12: page 368] (123 words)

Transfer causing substantial detrimental change [ch 12: pages 368-369] (591 words)

Consultation and collective rights under TUPE [ch 12: page 370] (319 words)

Who has the right to be informed and consulted and when? [ch 12: pages 370-371] (503 words)

Pre-transfer consultation on collective redundancies [ch 12: pages 371-373] (669 words)

What information must be provided to reps? [ch 12: pages 373-374] (329 words)

Is there a minimum or fixed timescale for consultation? [ch 12: page 374] (94 words)

When should consultation start? [ch 12: page 374] (154 words)

Enforcing the TUPE information and consultation duties [ch 12: pages 374-375] (237 words)

The “special circumstances” defence [ch 12: page 375] (78 words)

Employee liability information [ch 12: page 375] (166 words)

Transfers within public administration [ch 12: page 376] (279 words)

Abolition of the two-tier codes [ch 12: pages 376-377] (186 words)

The effect of TUPE on terms and conditions [ch 12: page 377] (255 words)

TUPE and pensions [ch 12: pages 377-378] (254 words)

TUPE and pensions auto-enrolment [ch 12: page 378] (103 words)

Fair deal for pensions [ch 12: pages 378-379] (405 words)

Early retirement benefits [ch 12: page 379] (178 words)

TUPE and collectively agreed terms [ch 12: pages 379-380] (115 words)

TUPE and trade union recognition [ch 12: page 380] (55 words)

Resisting changes to contract terms after a transfer [ch 12: pages 380-381] (684 words)

Other changes to regulation 4 of TUPE [ch 12: pages 381-382] (172 words)

New employers and post-transfer sector level bargaining [ch 12: pages 382-383] (496 words)

Removal of change for a “reason connected to the transfer” [ch 12: page 383] (72 words)

Changing terms for an economic, technical or organisational reason [ch 12: pages 383-384] (443 words)

Changes for a reason unconnected to the transfer [ch 12: page 384] (126 words)

Changes to non-contractual working practices [ch 12: page 384] (48 words)

How long are terms protected? [ch 12: pages 384-385] (147 words)

Protection against unfair dismissal and TUPE [ch 12: pages 385-386] (575 words)

How long does TUPE protection against dismissal last following a transfer? [ch 12: page 386] (71 words)

Who should a claim be brought against? [ch 12: pages 386-387] (105 words)

What is the deadline for any claim? [ch 12: page 387] (79 words)

TUPE and insolvency [ch 12: page 387] (129 words)

TUPE and insolvent administrations [ch 12: page 387] (145 words)

Varying contract terms in an insolvent administration [ch 12: pages 387-388] (196 words)

More information about TUPE [ch 12: page 388] (33 words)

Further information

Further information [pages 389-390] (687 words)

Copies of relevant statutes can be obtained online at: www.legislation.gov.uk. ...
Subscribers only