LABOUR LAW REVIEW 2000 BY REBECCA TUCK AND JEREMY McMULLEN QC
Rebecca Tuck is a barrister specialising in employment and personal injury law at Old Square Chambers in London and Bristol. She has recently been involved in a number of high value discrimination cases. Jeremy McMullen QC was an elected official of the GMB. He is vice president of the Industrial Law Society and the Employment Law Bar Association, and chair of the Society of Labour Lawyers Employment Group. He practises at Old Square Chambers, is a part-time chairman of Employment Tribunals and a Recorder, and joint author of Employment Tribunal Procedure (LAG). 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 1 873271 80 8 September 2000 published by the Institute of Employment Rights 177 Abbeville Road London SW4 9RL 020 7498 6919 e-mail ier@gn.apc.org www.ier.org.uk printed by Upstream (TU) 020 7207 1560 ÂŁ3 for trade unions and students ÂŁ10 others THE
INSTITUTE OF
EMPLOYMENT RIGHTS
labour law review 2000
executive summary
by Rebecca Tuck and Jeremy McMullen QC
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contents
introduction collective bargaining family friendly policies part-time workers working time employees and workers references trust and confidence restrictive covenants appeal procedures unfair dismissal constructive dismissal transfers unlawful discrimination
labour law review 2000
age gender employers’ liability for discrimination sexual orientation race victimisation disability
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pregancy and maternity rights compensation equal pay and pensions health and safety employment tribunals endnotes recent Institute publications
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labour law review 2000
introduction The end of the second millennium brought the Employment Relations Act 1999, the last major piece of employment legislation to be introduced before the next election. There have though been numerous fresh legislative measures for union officers and advisers to get to grips with – not least of which have concerned the implementation of the 1999 Employment Relations Act. In this Review we aim to set out some of the more important developments in labour law and procedure which have occurred in the twelve months since the 1999 TUC Congress at Brighton.
The right to claim statutory recognition for collective bargaining over pay, holidays and hours came into effect on 6 June 2000 and several claims have been made. The appointment of Mr Justice Burton as the Chairman of the Central Arbitration Committee, together with a number of practising and academic lawyers as deputies, inevitably means the cases will be dealt with in a highly legalistic setting. At the centre of the enforcement measures is the imposition of a legally binding method for conducting collective bargaining, as specified in a Code of Practice. Ultimately, though, and in spite of the right to claim specific performance of the method, there is no way of requiring an employer to pay more, or for employees to demand less hours or more holidays. Enforcement is of the form not the substance of collective bargaining. A parallel Code deals with the right of a trade union seeking recog-
introduction
collective bargaining
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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.
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