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LABOUR LAW REVIEW 2006 BY JENNIFER EADY AND BETSAN CRIDDLE
Jennifer Eady is a barrister at Old Square Chambers specialising in all aspects of labour law but with a particular interest in trade union work. She will be appointed to the rank of Queen’s Counsel later this year and will continue to sit as a County Court Recorder. Betsan Criddle is a barrister specialising in employment and personal injury law at Old Square Chambers. She is co-author along with His Honour Judge McMullen QC and Rebecca Tuck of Employment Tribunal Procedure (3rd ed LAG, 2004) and a contributor on employment tribunal procedure to Employment Precedents and Company Policy Documents (Sweet and Maxwell). 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 publications as worthy of consideration within the labour movement. ISBN 0 9551795 2 1 978 0 9551795 2 5 September 2006 published by the Institute of Employment Rights 10 Hadassah Grove Liverpool L17 8XH e-mail office@ier.org.uk www.ier.org.uk printed by Upstream (TU) 020 7207 1560 Layout by Creativity Jones 01691 600259 £5 for trade unions and students £10 others
labour law review 2006 by Jennifer Eady and Betsan Criddle
labour law review 2006
contents
ii
introduction
1
industrial action
2
CAC
2
health and safety
3
contract claims
4
working time
5
National Minimum Wage
7
TUPE
8
unfair dismissal
9
redundancy
14
public interest disclosure
15
part-time workers
16
sex, pregnancy and maternity discrimination
17
equal pay and pensions
21
race discrimination
23
disability discrimination
23
age discrimination
25
remedies
25
discrimination Unfair Dismissal
25 27
endnotes
31
list of recent Institute publications
34
labour law review 2006
employment tribunal practice and procedure 27
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 creating a 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 10 Hadassah Grove, Liverpool LL17 8XH or email us at office@ier.org.uk. Or visit our website at www.ier.org.uk
£5 TRADE UNIONS AND STUDENTS £10 OTHERS