LABOUR LAW REVIEW 2003 BY JENNIFER EADY AND REBECCA TUCK
Jennifer Eady is a barrister specialising in all aspects of labour law. She is standing junior counsel to the NUM and the NUJ, as well as being appointed to the Treasury ‘A’ Panel. She sits as a part-time Chairman of Employment Tribunals and is a former Chair of the Industrial Law Society. Rebecca Tuck is a barrister specialising in employment and personal injury law at Old Square Chambers in London and Bristol. Jennifer and Rebecca are co-authors, along with His Honourable Justice Jeremy McMullen QC, of Employment Tribunal Procedure (2nd Ed; LAG; 2002). This publication, like all publications of the Institute, represents not the collective views of the Institute but only the views of the authors. The responsibility of the Institute is limited to approving its publication as worthy of consideration within the labour movement.
ISBN 0 9543781 3 X September 2003 published by the Institute of Employment Rights 177 Abbeville Road London SW4 9RL 020 7498 6919 e-mail office@ier.org.uk www.ier.org.uk printed by Upstream (TU) 020 7207 1560 £5 for trade unions and students £10 others THE
INSTITUTE OF
EMPLOYMENT RIGHTS
labour law review 2003
executive summary
by Jennifer Eady and Rebecca Tuck
i
contents
introduction
1
collective rights 1 industrial action statutory recognition TUPE
employment rights
1 3 4
7
employment status trust and confidence and compensation for psychiatric injury working time regulations wages unfair dismissal
negligence
discrimination and human rights
labour law review 2003
8 9 12 14
16
stress at work health and safety
ii
7
human rights unlawful discrimination post-employment discrimination sex discrimination positive discrimination sex and age transsexuals maternity, paternity and family rights equal pay and pensions race discrimination
16 17
18 18 19 22 22 22 22 23 25 27 28
disability sexual orientation remedies
30 32 33
employment tribunals 35 endnotes 41 44
labour law review 2003
recent publications
iii
WHAT IS THE INSTITUTE? The Institute of Employment Rights was launched on 28th February 1989. As a labour law “think tank”, supported by the trade union movement, its purpose is to provide research, ideas and detailed argument. In 1994 the Institute was granted charitable status. The Institute has attracted wide and distinguished support. Among the membership are John Hendy QC, Professor Keith Ewing, Lord McCarthy and the general secretaries of Britain’s largest trade unions. The results of the work of the Institute are published in papers and booklets. It also provides short articles, free of legal jargon, for trade union journals and other publications. The Institute provides tools of analysis and debate for the trade union movement in the area of labour law. We are not a campaigning organisation. The Institute does not assume that legal measures can offer ultimate solutions for political, economic and social problems. However, it recognises that law has a part to play in influencing the employment relationship, both individually and collectively. Funding is from various sources, including subscriptions which entitle subscribers to a copy of all our new publications. If you are interested in subscribing or would like to know more about the Institute, then contact us at 177 Abbeville Road, London SW4 9RL, 020 7498 6919.
£5 TRADE UNIONS AND STUDENTS £10 OTHERS