LABOUR LAW REVIEW 2005 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 County Court Recorder 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. She is the co-author along with His Honour Judge McMullen QC and Betsan Criddle of Employment Tribunal Procedure (3rd ed LAG, 2004). 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 9547562 5 8 September 2005 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
E M PLO Y M E N T RIGHTS
labour law review 2005
executive summary
by Jennifer Eady and Rebecca Tuck
i
contents
introduction
1
trade union rights and CAC applications
1
employment rights
2
breach of contract frustration right to be accompanied
employee status
4
negligence
5
stress at work vicarious liability
labour law review 2005
5 6
Working Time Regulations
7
unfair dismissal
7
remedies whistleblowing
ii
2 3 4
9 10
redundancy
12
TUPE
13
human rights
14
general victimisation remedies
15 15 17 17
disability dicsrimination
18
sex discrimination
20
maternity
20
part-time workers
21
fixed term workers
22
religious discrimination
23
parental leave/time off for dependants
24
age
25
equal pay and pensions
25
employment tribunals
29
endnotes
32
list of recent Institute publications
34
labour law review 2005
discrimination
iii
WHAT IS THE INSTITUTE? The Institute of Employment Rights was launched on 28th February 1989 and was granted charitable status in 1994. As a labour law “think tank”, supported by the trade union movement, our purpose is to provide research, ideas and detailed argument on all aspects of employment law. As a charity, however, we are not a campaigning organisation. The Institute has attracted wide and distinguished support creatinga unique network of lawyers, academics and trade unionists. Among the membership are John Hendy QC, Professor Keith Ewing, Professor Aileen McColgan, Professor Brian Bercusson and the general secretaries of Britain’s largest trade unions. The results of our work are published in papers and booklets. We also provide short articles, free of legal jargon, for trade union journals and other publications. Dissemination of our ideas is increasingly achieved through seminars and conferences as well as our educational courses. The Institute does not assume that legal measures can offer ultimate solutions for political, economic and social problems. However, we recognise that law has a part to play in influencing the employment relationship, both individually and collectively. Our funding is from various sources, including subscriptions, which entitle subscribers to a copy of all our new publications and reductions in conference fees. 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 or email us at office@ier.org.uk. Or visit our website at www.ier.org.uk
£5 TRADE UNIONS AND STUDENTS £10 OTHERS