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CLP Legal Practice Guides: Employment Law 2021

CLP Legal Practice Guides: Employment Law 2021

Author: Gillian Phillips; Karen Scott
Publisher: College of Law Publishing
ISBN: 9781913226862

Previous Edition ISBN: 9781913226282
Published In: January 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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 recent guidance issued by the Equality and Human Rights Commission on the use of non-disclosure agreements to settle employment claims, and an updated summary of the key cases on annual leave, including the Court of Appeal’s decisions in The Harpur Trust v Brazel and Flowers v East of England Ambulance Trust.

A number of key European court cases are considered, including two ECtHR decisions looking at the privacy in the workplace (Garamukanwa v UK and López Ribalda v Spain) and the ECJ decision in Federación de Servicios de Comisiones Obreras v Deutsche Bank (keeping records of time worked). The first Supreme Court decision in almost 100 years to consider post-employment restrictive covenants, Tillman v Egon Zehnder, is included, along with a number of important Court of Appeal judgments, including Network Rail v Crawford (daily rest periods), Hare Wines v Kaur (automatically unfair dismissal and TUPE), Okedina v Chikale (impact of illegal contacts in an unfair dismissal situation), Owen v AMEC Foster Wheeler Energy (disability discrimination and comparators) and Foreign and Commonwealth Office v Bamieh (territorial jurisdiction in a whistleblowing claim).

The case law on unfair dismissal and reasonableness has been updated to include the Court of Appeal decisions in North West Anglia NHS Foundation Trust v Gregg (suspension and disciplinary proceedings) and London Borough of Lambeth v Agoreyo (suspension and mutual trust and confidence), and the EAT decisions in Radia v Jefferies International (investigations and appeals) and Phoenix House v Stockman (No 2) (making covert recordings at work). Three recent cases considering what amounts to a religious or philosophical belief under the Equality Act 2010 are included (Mackereth v Department for Work and Pensions, Conisbee v Crossley Farms and Gray v Mulberry Company), as are a number of significant EAT rulings, including Dray Simpson v Cantor Fitzgerald (a masterclass on whistleblowing) and Ameyaw v PwC (online publication of employment tribunal judgments).

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