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Employment Law

edit Authors(s): Gillian Phillips and Karen Scott
event Published: 20th Jan 2022

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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, as well as practice and procedure. The book has been comprehensively updated to take account of all the main recent and proposed developments in employment law and practice, including the impact of the coronavirus pandemic on working practices, potential employment tribunal claims and tribunal procedures, where appropriate with references to and examples of Covid-19 related tribunal cases. It also takes account of the impact of Brexit and the EU Withdrawal Act.

A number of key Supreme Court cases are considered, including Royal Mencap Society v Tomlinson-Blake (on whether “sleep-in” care workers should receive the national minimum wage), Stoffel v Grondola (operation of the common law defence of illegality) and Uber v Aslam (on the employment status of Uber drivers). A number of important Court of Appeal judgments are covered, including the Deliveroo delivery drivers case and Stuart Delivery Ltd v Augustine (on the employment status of couriers), Adedeji v University Hospitals Birmingham (on the application of time limits in discrimination cases) Sarnoff v YZ on disclosure orders, Simpson v Cantor Fitzgerald (whistleblowing), Gwynedd Council v Barratt (the fairness of a redundancy dismissal where no appeal was permitted) and Steer v Stormsure (interim relief in discrimination cases).

The case law has been updated to take account of EAT decisions in, for example, McTear Contracts v Bennett (considering the impact of the ECJ decision in ISS Facility Services v Sonia Govaerts on TUPE and service provision changes where work is split between multiple transferees), Abbeyfield Society v Hart (the application of the inequity principle on legal privilege and disclosure obligations), TW White v White (reconsiderations) SS for Justice v Plaistow (calculation of compensation for career loss in a discrimination context), Ryan v South West Ambulance Service (on indirect age discrimination) and Stott v Ralli (the application of the justification defence in a disability discrimination context).

The book is up to date as at 1 October 2021, although account has been taken of some later developments as at 20 November 2021.

Contents

The Contract of Employment
Termination of the Contract of Employment – Wrongful Dismissal
Dismissal – Eligibility to Present a Statutory Claim
Redundancy
Unfair Dismissal
Practice and Procedure, Settlements and Overlapping Claims
Transfer of Undertakings
Discrimination and Equal Pay
Direct Discrimination
Indirect Discrimination
Harassment and Victimisation
Age Discrimination
Disability Discrimination
Family-Friendly Rights and the Right to Request Flexible Working
Human Rights, Monitoring and Data Protection

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