LABOUR LAW REVIEW 2002 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 HHJ 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 1 873271 96 4 September 2002 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 £3 for trade unions and students £10 others THE
INSTITUTE OF
EMPLOYMENT RIGHTS
labour law review 2002
executive summary
by Jennifer Eady and Rebecca Tuck
i
contents
acronyms
iv
introduction
1
industrial action
1
trade union rights
2
employment rights
3
breach of contract – trust and confidence
labour law review 2002
negligence
ii
3
5
stress at work health and safety references
5 6 7
working time regulations
7
wages
10
restrictive covenants
12
unfair dismissal
13
redundancy
15
human rights
16
TUPE
16
remedies
18
unlawful discrimination
20
sexual orientation transsexuals sex discrimination discrimination against married persons race victimisation
21 21 22 23 24 25
employment tribunals time limits contract claims and res judicata costs
26 28 29 30 31 32
34 34 34 35
the Central Arbitration Committee
35
endnotes
38
recent publications
40
labour law review 2002
disability reasonable adjustments post-employment discrimination injury to feelings maternity equal pay
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.
£3 TRADE UNIONS AND STUDENTS £10 OTHERS