Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Employment: Case Law, Legislation, Links 16-08-17

Employment and Discrimination Law

Employment: Case Law, Legislation, Links 16-08-17

Postby dls » Wed Aug 16, 2017 4:33 pm

Employment law and contracts, industrial relations etc.
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    British Home Stores Ltd -v- Burchell; EAT 1978 -
    DM Levin -v- Staatssecretaris Van Justitie; ECJ 23-Mar-1982 - The concepts of ‘worker’ and ‘activity as an employed person’ define the field of application of one of the fundamental freedoms guaranteed by the Treaty and, as such, may not be interpreted restrictively.
    Faccenda Chicken Ltd -v- Fowler; CA 1986 - The appellant plaintiff company had employed the defendant as sales manager. The contract of employment made no provision restricting use of confidential information. He left to set up in competition. The company now sought to prevent him using confidential information for this purpose.
    Foley -v- Post Office; HSBC Bank Plc -v- Madden; CA 31-Jul-2000 - When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of reasonable responses’ of a reasonable employer to the situation.
    General Billposting Company Limited -v- Atkinson; HL 1908 - The employers had dismissed their employee 'in deliberate disregard of the terms of the contract' in such a way as 'to evince an intention no longer to be bound by the contract.'
    Ministry of Defence -v- Cannock and Others; EAT 2-Aug-1994 - Compensation awarded for a pregnancy dismissal was to assume that the worker would ready to work again after six months. Review and guidelines of damages for unfair dismissal for pregnancy.
    Morris -v- London Iron and Steel Co Ltd; CA 1988 - The applicant claimed before an industrial tribunal that he had been unfairly dismissed. His former employer alleged that, instead of being dismissed, he had resigned. The tribunal rehearsed the rival evidence of dismissal and resignation, found that the probabilities were equally balanced and dismissed the application on the basis that the applicant had not discharged the burden of proof.
    Polkey -v- A E Dayton Services Limited; HL 19-Nov-1987 - Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been made redundant, given a redundancy letter setting out the payments due to him, and sent home.
    Revenue and Customs -v- Annabels (Berkeley Square) Ltd and others; EAT 13-Jun-2008 - Where restaurant or bar service charges are paid by the customer to the employer, but are then paid into a troncmaster’s bank account for distribution by him/her in accordance with a tronc scheme agreed between the troncmaster and employees, the sums so distributed to employees are not ‘paid by the employer’ for the purposes of being included in the National Minimum Wage calculation.
    Rogers -v- The Deputy Commander and Another; EAT 1-Feb-2013 - UNFAIR DISMISSAL – Exclusions including worker/jurisdiction
    An Employment Tribunal was entitled to find that section 94(1) did not apply to the wife of a serving soldier who was employed to manage a children’s play area in what was generally a NAAFI complex in Germany, where she was herself a German national, engaged to work wholly in Germany under an (oral) contract made in Germany . .
    Stilk -v- Myrick; KBD 16-Dec-1809 - The plaintiff agreed to sail with the defendant on a voyage being paid £5.00 a month. Two crew deserted and the captain asked the remainder to do their work sharing the wages saved. The plaintiff sought the additional sum above the articled rate.
    Held: The claim failed for the absence of consideration
    Tansell -v- Henley College Coventry; EAT 2-Nov-2012 - Unfair Dismissal : Reasonableness of Dismissal A fixed term contract expires, not renewed.
Legislation:
    1933
    1961
    1970
      Equal Pay Act 1970 / 41 -|- Case law -|- See Also: Discrimination
      An Act to prevent discrimination, as regards terms and conditions of employment, between men and women.
    1972
    1974
      Health and Safety at Work etc Act 1974 / 37 -|- Case law -|- See Also: Health and Safety, Personal Injury
      An Act to make further provision for securing the health, safety and welfare of persons at work, for protecting others against risks to health or safety in connection with the activities of persons at work, for controlling the keeping and use and preventing the unlawful acquisition, possession and use of dangerous substances, and for controlling certain emissions into the atmosphere; to make further provision with respect to the employment medical advisory service; to amend the law relating to building regulations, and the Building (Scotland) Act 1959; and for connected purposes.
    1975
      Sex Discrimination Act 1975 / 65 -|- Case law -|- See Also: Discrimination
      An Act to render unlawful certain kinds of sex discrimination and discrimination on the ground of marriage, and establish a Commission with the function of working towards the elimination of such discrimination and promoting equality of opportunity between men and women generally; and for related purposes.
    1978
      Employment Protection (Consolidation) Act 1978 / 44 -|- Case law -|- See Also:, Benefits, Insolvency
      An Act to consolidate certain enactments relating to rights of employees arising out of their employment; and certain enactments relating to the insolvency of employers; to employment tribunals; to recoupment of certain benefits; to conciliation officers; and to the Employment Appeal Tribunal.
    1988
      Employment Act 1988 / 19 -|- Case law
      An Act to make provision with respect to trade unions, their members and their property, to things done for the purpose of enforcing membership of a trade union, to trade union ballots and elections and to proceedings involving trade unions; to provide for the Manpower Services Commission to be known as the Training Commission; to amend the law with respect to the constitution and functions of that Commission and with respect to persons to whom facilities for work-experience and training for employment are made available; to enable additional members to be appointed to industrial training boards and to the Agricultural Training Board; and to provide that the terms on which certain persons hold office or employment under the Crown are to be treated for certain purposes as contained in contracts of employment.
    1989
      Employment Act 1989 / 39 -|- Explanatory Note -|- Case law -|- See Also:, Discrimination
      An Act to amend the Sex Discrimination Act 1975 in pursuance of the Directive of the Council of the European Communities, dated 9th February 1976, (No.76/207/EEC) on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions; to repeal or amend prohibitions or requirements relating to the employment of young persons and other categories of employees; to make other amendments of the law relating to employment and training; to repeal section 1(1)(a) of the Celluloid and Cinematograph Film Act 1922; to dissolve the Training Commission; to make further provision with respect to industrial training boards; to make provision with respect to the transfer of staff employed in the Skills Training Agency; and for connected purposes.
    1990
      Employment Act 1990 / 38 -|- Case law
      An Act to make it unlawful to refuse employment, or any service of an employment agency, on grounds related to trade union membership; to amend the law relating to industrial action and ballots; to make further provision with respect to the Commissioner for the Rights of Trade Union Members; to confer a power to revise or revoke Codes of Practice; to provide for the merger of the Redundancy Fund with the National Insurance Fund; to amend the Education (Work Experience) Act 1973; and for connected purposes.
    1992
      Workplace (Health, Safety and Welfare) Regulations 1992 / 3004 -|- Case law -|- See Also: Health and Safety
      The Secretary of State, in exercise of the powers conferred on her by sections 15(1), (2), (3)(a) and (5)(b), and 82(3)(a) of, and paragraphs 1(2), 9 and 10 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 ('the 1974 Act') and of all other powers enabling her in that behalf and for the purpose of giving effect without modifications to proposals submitted to her by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
      Trade Union and Labour Relations (Consolidation) Act 1992 / 52 -|- Case law
      An Act to consolidate the enactments relating to collective labour relations, that is to say, to trade unions, employers’ associations, industrial relations and industrial action.
      The Personal Protective Equipment at Work Regulations 1992 / 2966 -|- Case law -|- See Also: Health and Safety, Personal Injury
      The Secretary of State, in exercise of the powers conferred upon her by sections 15(1), (2), (3)(a) and (b), (5)(b) and (9) of, and paragraphs 11 and 14 of Schedule 3 to the Health and Safety at Work etc. Act 1974(1), and of all other powers enabling her in that behalf and for the purpose of giving effect without modifications to proposals submitted to her by the Health and Safety Commission under section 11(2)(d) of the said Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
    1993
    1994
      Insolvency Act 1994 / 7 -|- Case law -|- See Also: Insolvency
      An Act to amend the Insolvency Act 1986 in relation to contracts of employment adopted by administrators, administrative receivers and certain other receivers; and to make corresponding provision for Northern Ireland.
    1995
      Pensions Act 1995 / 26 -|- Case law -|- See Also:, Financial Services, Trusts
      An Act to amend the law about pensions and for connected purposes.
      Jobseekers Act 1995 / 18 -|- Case law -|- See Also: Benefits
      An Act to provide for a jobseeker’s allowance and to make other provision to promote the employment of the unemployed and the assistance of persons without a settled way of life.
    1996
    1998
      Working Time Regulations 1998 / 1833 -|- Case law
      Public Interest Disclosure Act 1998 / 23 -|- Case law
      An Act to protect individuals who make certain disclosures of information in the public interest; to allow such individuals to bring action in respect of victimisation; and for connected purposes.
      National Minimum Wage Act 1998 / 39 -|- Case law
      An Act to make provision for and in connection with a national minimum wage; to provide for the amendment of certain enactments relating to the remuneration of persons employed in agriculture; and for connected purposes.
      Employment Rights (Dispute Resolution) Act 1998 / 8 -|- Case law
      An Act to rename industrial tribunals and amend the law relating to those tribunals; to amend the law relating to dismissal procedures agreements and other alternative methods of resolving disputes about employment rights; to provide for the adjustment of awards of compensation for unfair dismissal in cases where no use is made of internal procedures for appealing against dismissal; to make provision about cases involving both unfair dismissal and disability discrimination; and for connected purposes.
    1999
    2001
    2002
      Working Time (Amendment) Regulations 2002 / 3128 -|- Case law
      Employment Act 2002 / 22 -|- Explanatory Note -|- Case law -|- See Also:, Benefits
      An Act to make provision for statutory rights to paternity and adoption leave and pay; to amend the law relating to statutory maternity leave and pay; to amend the Employment Tribunals Act 1996; to make provision for the use of statutory procedures in relation to employment disputes; to amend the law relating to particulars of employment; to make provision about compromise agreements; to make provision for questionnaires in relation to equal pay; to make provision in connection with trade union learning representatives; to amend section 110 of the Employment Rights Act 1996; to make provision about fixed-term work; to make provision about flexible working; to amend the law relating to maternity allowance; to make provision for work-focused interviews for partners of benefit claimants; to make provision about the use of information for, or relating to, employment and training; and for connected purposes.
    2003
    2004
      The Employment Act 2002 (Dispute Resolution) Regulations 2004 -|- Case law
      Whereas a draft of these Regulations was laid before Parliament in accordance with section 51(4) of the Employment Act 2002(1) and approved by a resolution of each House of Parliament: <br />Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 31(6), 32(7), 33 and 51(1)(a) and (b) of that Act, hereby makes the following Regulations:
      Gangmasters (Licensing) Act 2004 / 11 -|- Case law -|- See Also:, Licensing, Agriculture
      An Act to make provision for the licensing of activities involving the supply or use of workers in connection with agricultural work, the gathering of wild creatures and wild plants, the harvesting of fish from fish farms, and certain processing and packaging; and for connected purposes.
      [url=Employment Relations]Employment Relations Act 2004 / 24[/url] -|- Explanatory Note -|- Case law
      An Act to amend the law relating to the recognition of trade unions and the taking of industrial action; to make provision about means of voting in ballots under the Trade Union and Labour Relations (Consolidation) Act 1992; to amend provisions of that Act relating to rights of members and non-members of trade unions and to make other provision about rights of trade union members, employees and workers; to make further provision concerning the enforcement of legislation relating to minimum wages; to make further provision about proceedings before and appeals from the Certification Officer; to make further provision about the amalgamation of trade unions; to make provision facilitating the administration of trade unions and the carrying out by them of their functions; and for connected purposes.
    2006
      Work and Families Act 2006 / 18 -|- Explanatory Note -|- Case law -|- See Also: Family
      An Act to make provision about statutory rights to leave and pay in connection with the birth or adoption of children; to amend section 80F of the Employment Rights Act 1996; to make provision about workers' entitlement to annual leave; to provide for the increase in the sums specified in section 186(1) and 227(1) of that Act; and for connected purposes. 9
    2007
    2008
      Employment Act 2008 / 24 -|- Explanatory Note -|- Case law
      An Act to make provision about the procedure for the resolution of employment disputes; to provide for compensation for financial loss in cases of unlawful underpayment or non-payment; to make provision about the enforcement of minimum wages legislation and the application of the national minimum wage to Cadet Force Adult Volunteers and voluntary workers; to make provision about the enforcement of offences under the Employment Agencies Act 1973; to make provision about the right of trade unions to expel or exclude members on the grounds of membership of a political party; and for connected purposes.
    2009
    201
    2010
      The Employment Relations Act 1999 (Blacklists) Regulations 2010 / 493 -|- Explanatory Note -|- Case law
      The Agency Workers Regulations 2010 / 10 -|- Explanatory Note -|- Case law -|- See Also: Health and Safety
      The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to employment rights and duties.
      The Secretary of State makes these Regulations
      (a) in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 15(1), (2) and (5) and 82(3) of, and paragraphs 7, 8 and 15(1) of Schedule 3 to, the Health and Safety at Work etc Act 1974(3), (the 1974 Act); and
      (b) independently of any proposals submitted by the Health and Safety Executive under section 11(3) of the 1974 Act.
      The Secretary of State has consulted the Health and Safety Executive and such other bodies as appear to the Secretary of State to be appropriate, as required by section 50(1AA) of the 1974 Act.
      Equality Act 2010 / 15 -|- Explanatory Note -|- Case law -|- See Also: Discrimination
      An Act to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties to be imposed in relation to the exercise of public procurement functions; to increase equality of opportunity; to amend the law relating to rights and responsibilities in family relationships; and for connected purposes.
    2013
    2014
    2015
      Small Business, Enterprise and Employment Act 2015 / 26 -|- Explanatory Note -|- Case law -|- See Also:, Commercial, Company
      The Act takes forward a range of Government commitments which are intended to ensure that the United Kingdom continues to be recognised globally as a trusted and fair place to do business and open up new opportunities for small businesses to innovate and compete. It will strengthen the current system and deliver the UK’s 2013 G8 commitments to introduce new rules requiring companies to obtain, and hold, information on who owns and controls them, with a view to increasing trust and encouraging investment and growth within the UK. It will also give the Treasury a power to require public sector workers to repay exit payments if they are reemployed in the public sector; tackle misconduct by directors and unfair employment practices; provide reforms to increase the efficiency of the Employment Tribunals system and further reduce its burden on small businesses; and ensure a strong regulatory regime for those that administer insolvencies.
      Deregulation Act 2015 / 20 -|- Case law -|- See Also: Company, Health and Safety, Land, Housing
      An Act to make provision for the reduction of burdens resulting from legislation for businesses or other organisations or for individuals; make provision for the repeal of legislation which no longer has practical use; make provision about the exercise of regulatory functions; and for connected purposes.
    2016
      Welfare Reform and Work Act 2016 / 7 -|- Explanatory Note -|- Case law -|- See Also: Benefits, Housing, Income Tax, Banking
      An Act to make provision about reports on progress towards full employment and the apprenticeships target; to make provision about reports on the effect of certain support for troubled families; to make provision about life chances; to make provision about the benefit cap; to make provision about social security and tax credits; to make provision for loans for mortgage interest and other liabilities; and to make provision about social housing rents.
      Trade Union Act 2016 / 15 -|- Explanatory Note -|- Case law
      An Act to make provision about industrial action, trade unions, employers’ associations and the functions of the Certification Officer.
      Immigration Act 2016 / 19 -|- Case law -|- See Also: Immigration, Administrative
      An Act to make provision about the law on immigration and asylum; to make provision about access to services, facilities, licences and work by reference to immigration status; to make provision about the enforcement of certain legislation relating to the labour market; to make provision about language requirements for public sector workers; to make provision about fees for passports and civil registration; and for connected purposes.
      Enterprise Act 2016 / 12 -|- Explanatory Note -|- Case law -|- See Also: Commercial
      An Act to make provision relating to the promotion of enterprise and economic growth; provision about Sunday working; and provision restricting exit payments in relation to public sector employment.

Links:
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12136
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Return to Employment

Who is online

Users browsing this forum: No registered users and 1 guest