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Nutshells Employment Law

By Andrew C Bell

Description

* Presents the essentials of employment law in clear and straightforward language, explaining the basic principles

* Includes diagrams and flowcharts to illustrate difficult concepts

* Contains an examination checklist to ensure key points have been learnt

* Provides sample questions with model answers to ensure students are fully prepared for how questions are likely to be posed and how best to respond for maximum marks

Contents

New for the third edition:

* Recent legislation and case law on all areas of employment law

* Current position on Discrimination issues such as: sexual orientation, harassment, discrimination on the grounds of religion or belief

* Latest situation on approach and tests to determine employment status

* Current position on unfair dismissal procedures

Contents

Sources Of Employment Law

* Statute

* Case Law

* European Law

The Tribunal And Court System

* Informality

* Representation

* Legal Aid

* Costs

* The members

* Certain rules of evidence

Who Is An Employee?

* Definitions and tests

* Typical workers

* Atypical workers

The Contract Of Employment

* Express terms

* Implied terms

Equal Pay

* The Equal Pay Act 1970

* Like work

* Work rated as equivalent

* Work of equal value

* Genuine material factor defence

* What is pay?

Discrimination

* Sex and race discrimination

* Scope of existing legislation

* The EOC, CRE and DRC

* The Sexual Discrimination Act 1975

* The Race Relations Act 1976

* Positive discrimination

* Sexual orientation

* Direct discrimination

* Harassment

* Comparators

* Victimisation

* Indirect discrimination

* Pool of Comparators

* Dress codes

* Vicarious liability

* Defence

* Remedies

* Disability discrimination

Other Statutory Rights

* National Minimum Wage Act 1998

* Working time regulations 1998

* Maternity rights

* Human Rights Act 1998

* Public Interest Disclosure Act 1998

* Fixed-Term Employees Regulations 2002

Health And Safety

* Common law

* Statute

Termination Of Employment

* Termination by way of contract

* Termination in breach of contract

* Termination by methods external to the contract

Wrongful Dismissal

* Basic position

* Other developments

* The effect of repudiatory breach

* Public law remedies

Unfair Dismissal

* Can the applicant claim?

* Can a dismissal be identified

* The reasons for dismissal

* The fairness of the dismissal

Redundancy

* Work of a particular kind

* Place of work

* Who is eligible

* Continuity of employment

* Procedure

* Compensation

Transfer Of Undertakings

* Common law position

* Transfer of undertakings

* \"Undertaking\"

* \"Relevant transfer\"

* Dismissal of employees

* Consultation over transfers

Restraint Of Trade

* Competition whilst employed

* Garden leave

* Restrictive covenants

Trade Unions And Their Members

* Independent Trade Union status

* Trade Union recognition

* Trade Union political funds

* Freedom of association

* Union rules

Industrial Action

* Official and unofficial action

* Trade Union\\\'s liability in Tort

* The major economic Torts

* Inducement to breach contract

* Interference with contract

* Interference with trade or businesses

* Intimidation

* Conspiracy

* Is the action protected by an immunity?

* Has the immunity been lost ?

Examination Checklist

Examination Guidance Questions

Published Year: 2006
Format: Paper Back
ISBN: 9780421927803
Publisher: Sweet & Maxwell

Our Price: £ 8.00

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