Mazengarbs Employment Law

Author : Phillips
Publisher : College of Law
ISBN 13 : 9781907624230
Total Pages : 413 pages
Book Rating : 4.6/5 (242 download)

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Download or read book Employment Law written by Phillips and published by College of Law. This book was released on 2011-01-01 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Law introduces the issues involved in the regulation of employees and their relations with their employers. It explains the framework governing employment contracts, dismissal procedures and redundancy payments. The book also covers TUPE, discrimination law and family friendly legislation.The book has been comprehensively updated to take account of the Equality Act 2010, most of which came into force on 1 October 2010. That Act replaces previous discrimination legislation (such as the SDA 1975, the RRA 1976 and the DDA 1995). The discrimination chapters also take into account decisions of the Court of Appeal in McFarlane v Relate Avon Limited (religion and belief); Leeds City Council v Woodhouse (meaning of ‘contract worker’); Chief Constable of West Yorkshire Police v Homer (age discrimination); Aylott v Stockton-on Tees Borough Council (construction of a comparator); Eweida v BA (indirect religion or belief discrimination) and EAT’s decision in J v DLA Piper UK LLP (the meaning of disability) amongst others. That part of the book dealing with Working Time takes account of the ECJ decision in Zentralbetriebsrat det Landeskrankenhauser Tirols v Land Tirol (paid annual leave). In relation claims arising out of a dismissal, the important judgment of the Court of Appeal in Edwards v Chesterfield Royal Hospital NHS Trust is included (losses arising from a flawed disciplinary procedure), as is the Supreme Court’s decision in Gisda v Barratt (effective date of termination); the Court of Appeal’s decisions in Bournemouth University Higher Education Corporation v Buckland; Sarkar v West London Mental Health NHS Trust & Salford Royal NHS Foundation Trust v Roldan and the EAT’s decision in Bowater v North West London Hospitals NHS Trust (range of reasonable responses); the Court of Appeal’s decision in Kulkarni v Milton Keynes Hospital NHS Foundation Trust (right to legal representation at a disciplinary hearing); and the decisions of the Court of Session and EAT respectively in Ravat v Halliburton Manufacturing and Services & Ministry of Defence v Wallis (jurisdiction).The chapter on practice and procedure takes account of the EAT’s decision on litigation privilege in Scott v Four Seasons (Conservatories) Ltd and the EAT’s decision on costs in Nicholson Highland Wear Ltd v Nicholson.TUPE has been updated to include the Court of Appeal’s decision in Alemo-Herron and others v Parkwood Leisure Ltd (whether collective agreements transfer) and the EAT’s decision in Zaman v Kozee Sleep Products Ltd (whether the cap on a week’s pay applies in the context of remedies for failure to consult under TUPE) .Further revisions include the updating of case studies and revised details of the relevant financial limits on compensation, parental payments, sickness payments etc and updated Tribunal statistics. Flowcharts at the end of chapters have been updated to take account of all recent changes. The book is up to date as at 1 October 2010 although account has been taken of some later developments that took place before 15 November 2010 where possible.