Additional Information
Book Details
Abstract
Employment Law in Contextis the perfect guide to the legal principles that students are likely to encounter on a day-to-day basis as a HR professional. Written by experienced HR practitioners and covering all aspects of the employment relationship from beginning to end, the book also provides invaluable guidance on how to apply the legal principles across a range of practical workplace scenarios.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover | Cover | ||
| Employment Law in Context | i | ||
| Brief contents | v | ||
| Contents | vii | ||
| Preface | xxi | ||
| Market for the book | xxii | ||
| Authorship | xxii | ||
| Approach to learning | xxiii | ||
| Structure of each chapter | xxiii | ||
| Website | xxiv | ||
| Acknowledgements | xxiv | ||
| Publisher’s acknowledgements | xxvii | ||
| About the authors | xxix | ||
| Guided tour | xxx | ||
| List of abbreviations | xxxiii | ||
| Table of cases | xxxv | ||
| Table of statutes | xlv | ||
| Table of statutory instruments | xlvi | ||
| Table of statutory codes of practice | xlviii | ||
| Table of European Community law | xlix | ||
| List of useful websites | li | ||
| An introduction to employment law | 1 | ||
| Learning objectives | 1 | ||
| Structure of the chapter | 1 | ||
| Introduction | 1 | ||
| What are the purposes of voluntary and legal measures? | 2 | ||
| How does the law influence substantive issues? | 2 | ||
| How does law affect procedural issues? | 3 | ||
| Economic perspectives | 4 | ||
| Globalisation and the changing role of labour law | 4 | ||
| Is there a crisis of labour law? | 5 | ||
| Political perspectives | 5 | ||
| The free collective bargaining model | 6 | ||
| The free labour market model | 6 | ||
| The employee protection or social justice model | 7 | ||
| The current situation | 7 | ||
| The legal regulation of employment | 8 | ||
| How are legal standards set? | 9 | ||
| European Convention on Human Rights 1950 | 15 | ||
| Human rights and employment law | 17 | ||
| Statutory codes of practice | 17 | ||
| How do working people enforce their rights? | 19 | ||
| Employment tribunals | 20 | ||
| Employment Appeal Tribunal | 24 | ||
| Court of Appeal | 24 | ||
| Supreme Court (formerly the House of Lords) | 24 | ||
| European Court of Justice | 25 | ||
| European Court of Human Rights | 25 | ||
| International Labour Organisation | 25 | ||
| What is the role of statutory agencies? | 26 | ||
| Advisory Conciliation and Arbitration Service | 26 | ||
| Health and Safety Executive | 26 | ||
| Equality and Human Rights Commission | 27 | ||
| Low Pay Commission | 27 | ||
| Information Commissioner | 27 | ||
| Criminal Records bureau | 28 | ||
| Independent Safeguarding Authority | 28 | ||
| Central Arbitration Committee | 29 | ||
| What redress is available for infringements of rights? | 29 | ||
| The effectiveness of redress and remedies | 29 | ||
| In-house procedures | 29 | ||
| Employment tribunals | 29 | ||
| Employment consequences | 31 | ||
| What are the key principles underpinning employment law? | 31 | ||
| Substantive issues | 32 | ||
| Fairness | 32 | ||
| Reasonableness | 33 | ||
| Equal treatment | 33 | ||
| Harmonisation | 34 | ||
| Procedural issues | 34 | ||
| Natural justice | 34 | ||
| Consultation | 34 | ||
| Consent | 35 | ||
| Freedom | 35 | ||
| Conclusion | 36 | ||
| Further reading | 36 | ||
| References | 37 | ||
| Regulating the employment relationship | 39 | ||
| Learning objectives | 39 | ||
| Structure of the chapter | 39 | ||
| Introduction | 39 | ||
| The employment relationship | 39 | ||
| Means of regulating the employment relationship | 40 | ||
| Context | 40 | ||
| Concepts of work and employment | 40 | ||
| The psychological contract | 42 | ||
| The growing diversity of employment status | 42 | ||
| The legal framework | 45 | ||
| Employment status | 45 | ||
| Common law tests | 47 | ||
| Personal service and substitution | 48 | ||
| Continuity of service | 49 | ||
| Contracts | 52 | ||
| Case study 2.1 | 53 | ||
| The characteristics of the contract of employment | 54 | ||
| A flawed instrument | 54 | ||
| Defining the contract of employment | 54 | ||
| Contractual terms: express and implied | 57 | ||
| Express terms | 57 | ||
| Implied terms | 57 | ||
| Activity 2.1 Your contract of employment | 57 | ||
| Sources of contractual terms | 58 | ||
| Management decisions on terms and conditions of employment | 58 | ||
| Collective agreements between an employer and recognised trade unions | 58 | ||
| Workplace rules | 59 | ||
| Custom and practice | 60 | ||
| Statute law | 60 | ||
| Implied terms under common law | 60 | ||
| General duties on employers | 61 | ||
| To pay wages | 61 | ||
| Not to make unauthorised deductions | 61 | ||
| To take reasonable care of the employee | 61 | ||
| Not to breach mutual trust and confidence | 61 | ||
| General duties on employees | 63 | ||
| To co-operate with their employer | 63 | ||
| To obey lawful and reasonable instructions | 63 | ||
| To be trustworthy | 63 | ||
| Duty to take reasonable care | 64 | ||
| Probationary periods and contracts | 65 | ||
| Whistleblowing | 66 | ||
| Qualifying disclosure | 66 | ||
| Protected disclosure | 68 | ||
| Detrimental treatment and dismissal | 69 | ||
| Employment tribunal applications | 69 | ||
| Breach of contract | 70 | ||
| What is a fundamental or repudiatory breach of contract? | 70 | ||
| Termination of a contract of employment | 71 | ||
| Subsistence of a contract | 72 | ||
| Employment protection for ‘atypical’ workers | 72 | ||
| Part-time workers | 72 | ||
| Fixed-term contract workers | 74 | ||
| Casual and zero-hours contract workers | 78 | ||
| Relevant legislation and casual workers | 79 | ||
| homeworking | 80 | ||
| Agency workers | 81 | ||
| Case study 2.2 | 86 | ||
| Activity 2.2 ‘Atypical’ workers in your organisation | 87 | ||
| Complaints relating to employment contracts | 87 | ||
| Conclusion | 88 | ||
| References | 88 | ||
| Managing change in the employment relationship | 90 | ||
| Learning objectives | 90 | ||
| Structure of the chapter | 90 | ||
| Introduction | 90 | ||
| Context | 91 | ||
| Organisational culture | 91 | ||
| Strategic considerations | 92 | ||
| Operational factors | 92 | ||
| The economic context | 93 | ||
| Incidence of redundancies | 93 | ||
| Socio-economic and political context of business transfers | 94 | ||
| Tensions between ‘business need’ and legal standards | 96 | ||
| Activity 3.1 The employment consequences of organisational change | 96 | ||
| The legal framework | 97 | ||
| Flexibility within the contract of employment | 97 | ||
| Variation of contract | 98 | ||
| Exercise 3.1 Contract variation | 105 | ||
| Case study 3.1 | 106 | ||
| Redundancy and redeployment | 107 | ||
| Transfers of undertakings | 121 | ||
| Exercise 3.2 Managing redundancies | 121 | ||
| Case study 3.2 | 120 | ||
| Conclusion | 133 | ||
| Case study 3.3 | 133 | ||
| Exercise 3.3 Managing transfers | 134 | ||
| References | 135 | ||
| The context of discrimination at work | 137 | ||
| Learning objectives | 137 | ||
| Structure of the chapter | 137 | ||
| Introduction | 137 | ||
| General concepts in equal opportunities | 138 | ||
| Discrimination | 138 | ||
| Equal opportunities and equal treatment | 138 | ||
| Managing diversity | 138 | ||
| Institutional discrimination | 139 | ||
| Positive action and positive discrimination | 140 | ||
| Language and ‘political correctness’ | 141 | ||
| The social and economic context of discrimination | 141 | ||
| An overall view | 141 | ||
| The incidence of discrimination at work | 142 | ||
| Sex discrimination: the context | 144 | ||
| The historic situation of women | 144 | ||
| Changing perspectives | 145 | ||
| Participation in the labour market | 146 | ||
| Prevailing economic conditions | 146 | ||
| Dependency | 149 | ||
| Occupational segregation | 151 | ||
| Segregation and education | 152 | ||
| Women’s pay and the gender pay gap | 152 | ||
| Social and economic factors | 153 | ||
| Race discrimination: the context | 154 | ||
| Britain’s ethnic diversity | 154 | ||
| Concepts | 155 | ||
| Historic labour market experience | 156 | ||
| Taking legislative action | 157 | ||
| Labour market participation today | 157 | ||
| Disability discrimination: the context | 159 | ||
| Defining disability | 159 | ||
| Models of disability | 159 | ||
| Social context | 160 | ||
| Historical perspective | 161 | ||
| Employment context of the 1995 Act | 162 | ||
| Labour market participation | 163 | ||
| Age discrimination: the context | 164 | ||
| The concept of ‘ageism’ | 164 | ||
| The incidence of ageism | 165 | ||
| The ‘drivers’ of legislation | 165 | ||
| Older workers in the labour market | 167 | ||
| Sexual orientation discrimination: the context | 168 | ||
| Historic legal prohibitions | 168 | ||
| Social attitudes | 168 | ||
| Developments in legislation | 169 | ||
| The quality of employment relations | 170 | ||
| Discrimination because of religion and belief: the context | 170 | ||
| Incidence of religion/belief | 170 | ||
| Social tensions and religion | 171 | ||
| Other beliefs | 171 | ||
| Incidence of discrimination/attitudes to religion or belief | 172 | ||
| The state of the law | 172 | ||
| What progress and what problems? | 172 | ||
| Grounds of discrimination | 172 | ||
| Implementing public-sector equality duties | 174 | ||
| Covert discrimination | 174 | ||
| Positive action | 175 | ||
| Compound discrimination | 175 | ||
| Monitoring | 175 | ||
| Weak enforcement | 176 | ||
| Conclusion | 176 | ||
| References | 177 | ||
| Equality law and the workplace | 181 | ||
| Learning objectives | 181 | ||
| Structure of the chapter | 181 | ||
| Introduction | 181 | ||
| EU directives | 182 | ||
| Transposition into UK law | 182 | ||
| Previous case law and the Equality Act 2010 | 182 | ||
| The language of equality law | 183 | ||
| Statutory codes of practice | 183 | ||
| Other related legislation | 184 | ||
| The Equality and human Rights Commission | 184 | ||
| Equality Act 2010 | 184 | ||
| ‘Protected characteristics’ | 186 | ||
| Public sector equality duty | 186 | ||
| Who is covered? | 187 | ||
| Prohibited conduct | 189 | ||
| Direct discrimination | 189 | ||
| Combined discrimination: dual characteristics | 191 | ||
| Indirect discrimination | 191 | ||
| The ‘justification’ of indirect discrimination | 193 | ||
| Occupational requirements | 193 | ||
| Positive action | 193 | ||
| Instructing | 194 | ||
| Discriminatory advertisements | 195 | ||
| Aiding unlawful acts | 196 | ||
| Enforcement | 196 | ||
| Liability and vicarious liability | 196 | ||
| Statutory questionnaire | 197 | ||
| Burden of proof | 197 | ||
| Complaints to an employment tribunal | 199 | ||
| Victimisation | 199 | ||
| Remedies | 200 | ||
| Protected characteristics, legal issues and case law | 202 | ||
| Age | 202 | ||
| Employment Equality Framework Directive 2000 and age discrimination | 202 | ||
| Evaluating the 2006 Age Regulations | 204 | ||
| Equality Act (2010) | 204 | ||
| Direct age discrimination | 204 | ||
| Objective justification and age discrimination | 205 | ||
| Objective justification and case law | 206 | ||
| British government and the Default Retirement Age (DRA) | 209 | ||
| Age discrimination and redundancy selection and payments | 212 | ||
| Age discrimination and market considerations | 213 | ||
| Cost considerations | 214 | ||
| Seniority and length of service | 214 | ||
| National minimum wage | 216 | ||
| Age discrimination: Conclusions | 216 | ||
| Case study 5.1 | 216 | ||
| Disability | 217 | ||
| The protected characteristic of ‘disability’ | 217 | ||
| Defining disability | 217 | ||
| The ‘protected characteristic’ summarised | 222 | ||
| Employer’s knowledge of disability | 223 | ||
| Direct discrimination | 224 | ||
| Associative and perceived discrimination | 225 | ||
| Duty to make adjustments | 225 | ||
| ‘Discrimination arising from disability’ | 228 | ||
| Enquiries about disability and health in recruitment | 229 | ||
| Indirect discrimination | 230 | ||
| Discriminatory adverts | 231 | ||
| Case study 5.2 | 232 | ||
| Gender reassignment | 233 | ||
| Marriage and civil partnership | 234 | ||
| Pregnancy and maternity | 234 | ||
| Race | 235 | ||
| Racial group | 235 | ||
| More than one cause | 236 | ||
| Indirect discrimination | 236 | ||
| Religion or belief | 238 | ||
| What is ‘religion’ and ‘belief’? | 240 | ||
| Discrimination | 240 | ||
| Occupational requirements | 240 | ||
| Case study 5.3 | 244 | ||
| Sex | 244 | ||
| Indirect discrimination | 245 | ||
| Sexual orientation | 246 | ||
| Conclusion | 248 | ||
| Exercises | 249 | ||
| References | 251 | ||
| Implementing equality in the workplace | 253 | ||
| Learning objectives | 253 | ||
| Structure of the chapter | 253 | ||
| Introduction | 253 | ||
| Legal standards | 253 | ||
| Business case | 254 | ||
| Social justice | 255 | ||
| Human resource strategy | 255 | ||
| Establishing a strategic approach | 255 | ||
| Equal opportunities policies | 256 | ||
| Evidence of a strategic approach | 257 | ||
| A long way to go? | 258 | ||
| Recruitment and selection | 259 | ||
| Advertising and recruitment targets | 259 | ||
| Criteria of person specifications and job descriptions | 260 | ||
| Application forms | 262 | ||
| Selection process | 264 | ||
| Interview process | 264 | ||
| Testing | 265 | ||
| Training of recruiters | 265 | ||
| Contract of employment | 266 | ||
| Pay and benefits | 266 | ||
| Gender | 267 | ||
| Age and length of service | 267 | ||
| Disability | 267 | ||
| Working time issues | 267 | ||
| Sex discrimination | 268 | ||
| Disability discrimination | 268 | ||
| Religion or belief discrimination | 268 | ||
| Age discrimination | 270 | ||
| Training and development | 270 | ||
| Employees | 270 | ||
| Management development | 271 | ||
| Possible policy measures | 271 | ||
| Promotion | 272 | ||
| Harassment | 272 | ||
| Dress and appearance | 272 | ||
| Dismissal | 274 | ||
| Post employment | 274 | ||
| Conclusion | 274 | ||
| References | 274 | ||
| Harassment and bullying at work | 276 | ||
| Learning objectives | 276 | ||
| Structure of the chapter | 276 | ||
| Introduction | 276 | ||
| Why the growing concern about harassment? | 277 | ||
| How ‘harassment’ and ‘bullying’ are defined | 277 | ||
| Contextual issues | 278 | ||
| The incidence of harassment and bullying | 279 | ||
| The characteristics of perpetrators | 280 | ||
| The recipient’s response | 280 | ||
| Exercise 7.1 Harassment in the City | 281 | ||
| The legal framework | 282 | ||
| The contract of employment | 282 | ||
| Employer’s duties | 282 | ||
| Employee’s duties | 283 | ||
| Harassment and bullying outside of discrimination law | 283 | ||
| Discrimination law | 284 | ||
| Background | 284 | ||
| Equality Act 2010 | 284 | ||
| ‘Protected characteristics’ | 284 | ||
| Who is covered? | 284 | ||
| The general prohibition | 285 | ||
| Patterns of behaviour | 287 | ||
| ‘Third party harassment’ | 287 | ||
| Liability for harassment | 289 | ||
| Case study 7.1 | 290 | ||
| Defence against liability | 291 | ||
| Combining contract and equality law | 291 | ||
| Burden of proof | 291 | ||
| Victimisation | 291 | ||
| Redress and remedies | 293 | ||
| Case study 7.2 | 295 | ||
| The Protection from Harassment Act 1997 | 295 | ||
| Introduction | 295 | ||
| Conclusion | 298 | ||
| Exercises | 299 | ||
| References | 300 | ||
| Discipline and dismissal | 301 | ||
| Learning objectives | 301 | ||
| Structure of the chapter | 301 | ||
| Introduction | 301 | ||
| Historic redress | 303 | ||
| Legislation on unfair dismissal | 304 | ||
| The ACAS Code of Practice | 305 | ||
| Approach and aim of disciplinary action | 306 | ||
| Disciplinary rules | 306 | ||
| Acting reasonably | 306 | ||
| Disciplinary penalties | 307 | ||
| Statutory protection from unfair dismissal | 308 | ||
| Who qualifies? | 309 | ||
| Is there a dismissal in law? | 309 | ||
| Reasons for dismissal | 311 | ||
| ‘Reasonableness’ in the circumstances | 318 | ||
| The ‘range of reasonableness responses’ test | 319 | ||
| Fair procedure | 321 | ||
| Statement of reasons for dismissal | 326 | ||
| The statutory right to be accompanied | 327 | ||
| Obtaining redress for unfair dismissal at an employment tribunal | 328 | ||
| Does the complainant qualify? | 328 | ||
| When must a complaint be made? | 329 | ||
| What is the role of ACAS in these tribunal complaints? | 329 | ||
| What is a compromise agreement? | 329 | ||
| What issues concern an employment tribunal in making its decision? | 330 | ||
| What remedies are available to successful complainants? | 330 | ||
| Dismissal complaints and other grounds/causes of action | 332 | ||
| Relationship with wrongful dismissal claims | 332 | ||
| Case study 8.1 | 333 | ||
| Case study 8.2 | 334 | ||
| Grievances and disciplinary action | 334 | ||
| Grievance raised in the course of disciplinary action | 335 | ||
| Constructive dismissal | 335 | ||
| General guidance about grievances | 335 | ||
| Conclusion | 336 | ||
| Exercises | 337 | ||
| References | 339 | ||
| Wages and equal pay | 341 | ||
| Learning objectives | 341 | ||
| Structure of the chapter | 341 | ||
| Introduction | 341 | ||
| The context | 342 | ||
| Economic issues | 342 | ||
| The importance of pay to employees | 342 | ||
| The importance of pay to employers | 343 | ||
| Public policy: free markets and regulation | 343 | ||
| Social welfare factors | 346 | ||
| Social policy | 346 | ||
| The legal framework | 356 | ||
| Definitions | 356 | ||
| Regulating the ‘wage–work bargain’ under common law | 357 | ||
| Statutory regulation of unauthorised deductions | 359 | ||
| Cash shortages and deficiencies in retail employment | 360 | ||
| Overpayment | 361 | ||
| Case study 9.1 | 362 | ||
| The National Minimum Wage Act 1998; NMW Regulations 1999 | 362 | ||
| Coverage | 363 | ||
| The national minimum wage and employers | 364 | ||
| Calculating hourly rates | 364 | ||
| Collective agreements and contractual terms | 367 | ||
| Enforcement of the national minimum wage: civil proceedings | 367 | ||
| Enforcement of the national minimum wage: criminal action | 371 | ||
| Detriments and dismissal and the NMW | 372 | ||
| Equal pay and the law | 373 | ||
| The Equal Pay Act 1970 and European law | 373 | ||
| What is pay? | 373 | ||
| Indirect pay discrimination | 382 | ||
| Employers’ defences | 382 | ||
| Pay transparency | 383 | ||
| Employment tribunal claims | 384 | ||
| Remedies in equal pay cases | 384 | ||
| Case study 9.2 | 384 | ||
| Employment policies and practices | 385 | ||
| Contracts of employment and collective agreements | 385 | ||
| Special agreements | 386 | ||
| Information and records | 386 | ||
| Exercises | 387 | ||
| References | 388 | ||
| Regulation of working time | 393 | ||
| Learning objectives | 393 | ||
| Structure of the chapter | 393 | ||
| Introduction | 393 | ||
| The context | 396 | ||
| Introduction | 396 | ||
| Voluntary regulation | 397 | ||
| A long hours culture? | 399 | ||
| Social issues | 401 | ||
| Economic considerations | 402 | ||
| The effects on work performance | 402 | ||
| Costs of compliance | 403 | ||
| The legal framework | 404 | ||
| Piecemeal legal regulation | 404 | ||
| Specific occupations | 404 | ||
| Sex discrimination law | 404 | ||
| Disability discrimination | 404 | ||
| Breach of contract | 405 | ||
| The Working Time Regulations 1998 | 405 | ||
| Who is covered? | 405 | ||
| Definition of working time | 407 | ||
| Rest breaks and rest periods | 408 | ||
| Shift work and night work | 410 | ||
| Paid annual leave | 412 | ||
| Case study 10.1 | 416 | ||
| Case study 10.2 | 416 | ||
| Maximum working week | 417 | ||
| The individual ‘opt-out’ | 418 | ||
| Unmeasured working time | 420 | ||
| Derogations | 421 | ||
| Collective and workforce agreements | 422 | ||
| Enforcement | 423 | ||
| Are the Working Time Regulations working? | 424 | ||
| Impact of the regulations | 425 | ||
| Areas of uncertainty | 425 | ||
| The 48-hour maximum working week | 425 | ||
| Holidays | 426 | ||
| Night work | 426 | ||
| Collective and workforce agreements | 426 | ||
| Employment policies and practices | 427 | ||
| A strategic approach to implementation | 427 | ||
| Exploring the impact on organisations of the Working Time Regulations | 428 | ||
| Exercises: | 430 | ||
| References | 431 | ||
| Family leave and work–life balance | 434 | ||
| Learning objectives | 434 | ||
| Structure of the chapter | 434 | ||
| Introduction | 434 | ||
| Factors underpinning the growing interest in work–life balance | 434 | ||
| Defining ‘work–life balance’ | 435 | ||
| Legislation | 436 | ||
| European law | 436 | ||
| British law | 437 | ||
| Relationship with contract of employment | 437 | ||
| Scope of statutory protection | 437 | ||
| Family rights and sex discrimination | 452 | ||
| Case study 11.1 | 455 | ||
| Employment policy and practice | 459 | ||
| Maternity leave | 460 | ||
| Paternity leave | 461 | ||
| Parental leave | 461 | ||
| Dependency leave | 461 | ||
| Awareness and use of the right to request flexible working | 462 | ||
| Flexible working practices | 462 | ||
| Degrees of success with flexible working and ‘work–life balance’ | 465 | ||
| Critical perspectives on the legislation | 467 | ||
| Conclusion | 467 | ||
| Exercises | 468 | ||
| References | 469 | ||
| Health, safety and welfare at work | 472 | ||
| Learning objectives | 472 | ||
| Structure of the chapter | 472 | ||
| Introduction | 472 | ||
| The concepts | 473 | ||
| health | 473 | ||
| Safety | 473 | ||
| Welfare | 474 | ||
| Legal framework | 474 | ||
| An initial broad overview | 474 | ||
| Common law | 476 | ||
| Tort of negligence | 476 | ||
| Repudiatory breach of contract | 478 | ||
| Liability and vicarious liability | 478 | ||
| Common law | 478 | ||
| An employer’s defences | 478 | ||
| Statute law | 479 | ||
| Health and Safety at Work etc. Act 1974 | 479 | ||
| What is the role of regulations? | 482 | ||
| The Management of Health and Safety at Work Regulations 1999 | 482 | ||
| Activity 12.1 Assessing risks | 485 | ||
| The machinery for enforcing health and safety standards | 486 | ||
| Protection against ‘detriments’ and unfair dismissal | 488 | ||
| Remedies and redress for detriments and dismissal | 490 | ||
| Health and Safety Executive and inspectors | 491 | ||
| What are the roles of the HSE? | 491 | ||
| What are the powers of the HSE? | 492 | ||
| Corporate Manslaughter and Corporate homicide Act 2007 | 494 | ||
| Key provisions of the 2007 Act | 494 | ||
| Penalties | 496 | ||
| The Fatal Accidents Act 1976 | 497 | ||
| Employment policies and practices | 498 | ||
| Managing health and safety | 498 | ||
| Handling particular workplace risks | 501 | ||
| Work-related stress | 502 | ||
| Personal injury claims | 504 | ||
| Conclusion | 508 | ||
| Exercises | 509 | ||
| Further reading | 510 | ||
| References | 511 | ||
| Conclusion | 512 | ||
| Introduction | 512 | ||
| What are legal standards for in relation to employment? | 512 | ||
| The balance of economic power | 512 | ||
| Standards of public policy | 514 | ||
| Ethical standards | 514 | ||
| Minimum standards | 515 | ||
| In whose interests are legal standards enacted, implemented and amended? | 516 | ||
| The right to manage | 516 | ||
| Employer economic interests | 516 | ||
| Survey evidence | 516 | ||
| The current state of employment and equality law | 518 | ||
| Conservative–Liberal Democrat government ideological objectives and principles | 518 | ||
| Equality law | 521 | ||
| The promotion of labour market flexibility | 522 | ||
| Specific categories of workers | 522 | ||
| Requesting flexible working | 523 | ||
| Dispute resolution reform | 523 | ||
| Mediation and conciliation | 524 | ||
| The employment tribunal process | 524 | ||
| Unfair dismissal qualifying period | 524 | ||
| Fees etc. | 526 | ||
| Health and safety regulation | 527 | ||
| Enforcement of individual rights | 527 | ||
| Access to statutory rights | 527 | ||
| Managing individual complaints | 528 | ||
| Conclusion | 528 | ||
| References | 529 | ||
| Appendix: Feedback on exercises | 531 | ||
| Glossary | 549 | ||
| Index | 558 |