Full Description
Students of Human Resource Management and professional managers often find the legal aspect of their study or work overly complex. This comprehensive text provides an invaluable resource to these groups, by offering an accessible explanation of employment law to non-lawyers. A valuable resource for non-specialist students and managers' Dr Nick Bacon, University of Nottingham Business School A knowledgeable and useful book on what is a complex and growing aspect of the manager's world. It has a more lively' feel to it than many of the standard texts on employment law' Martin Dowling, Dundee Business School, University of Abertay Ideal for undergraduate business and management students focusing on HRM and postgraduate students on specialist HRM, CIPD and MBA courses this accessible text also provides a comprehensive and succinct introduction to all the key aspects for any professional manager dealing with employee issues.
Contents
1. INTRODUCTION. Employment Law for the Human Resource Manager, What is Law? The Institutions of the Law, The Court System, Institutions Specifically Relevant to Employment Law, The European Institutions, Sources of Law, The European Dimension, The Supremacy of Community Law over National Law, The European Court of Human Rights, Political Considerations, The Use of Insurance. 2. CONTRACT. Contract Law in General, The Contract of Employment, Terms Implied by Statute, The ?Section 1 Statement?. 3. A-TYPICAL WORKERS. Flexible Work Patterns, Categorizing Workers, Employees and Contractors - Judicial Guidelines, Legal Consequences of Employment and Self - Employment, Special Categories of A-Typical Workers. 4. THE APPLICATION OF THE ANTI-DISCRIMINATION LAW TO RECRUITMENT, SELECTION, TRAINING AND PROMOTION. The Law Relating to Discrimination in Employment, Future Developments. 5. TERMINATION OF EMPLOYMENT. Termination by the Employee, Termination by Breach, Frustration of Contract, Dismissal, Remedies for Breach of Contract, Statutory Rights on Dismissal, Redundancy, Unfair Dismissal, The ?Overlap? Between Redundancy and Unfair Dismissal, The Acquired Rights Directive and Transfer of Undertakings (TUPE), Rights of Employees on the Insolvency of the Employer. 6. DISCIPLINARY AND GRIEVANCE PROCEDURES. The Need for Procedures, The Code of Practice on Disciplinary and Grievance Procedures, Disciplinary Practice and Procedures, Grievance Procedures, The New Statutory Right to be Accompanied at Disciplinary and Grievance Procedures. 7. THE INFLUENCE OF THE EU AND OTHER EUROPEAN INSTITUTIONS. The effect of EU Treaties and Directives on the Law of the UK, The EU Law on the Right to Work and to Establish Businesses, The Posted Workers Directive. 8. GLOBAL CONSIDERATION OF EMPLOYMENT. Allowable Exceptions to the Law Relating to Discrimination, Employment Protection Laws and Work Overseas, Offshore Employment, The Law Governing an Overseas Employment Contract, The International Labour Organisation (ILO), Employment Law in Other Jurisdictions (In Outline). 9. THE MANAGEMENT OF INNOVATION AND CHANGE. Data Protection, Use and Misuse of Electronic Communications, Intellectual Property, Copyright and the Internet, Is there a Property Right in Information? Breach of Confidence, The Public Interest Disclosure Act, 1998, Covenants in Restraint of Trade. 10. HEALTH AND SAFETY AT WORK. Employers Liability in Tort, Employers Liability in Contract, The Statutory Law, The European Dimension, The EU Working Time Directive, The Effect of Stress at Work, The Employers ?Vicarious Liability?, Liability for, and Towards, the ?Borrowed? Employee. 11. TRADE UNIONS AND THEIR RELATIONS WITH EMPLOYERS AND MEMBERS. Historical Background, Trade Unions and Employers Associations, Independence of Trades Unions, Recognition, New Rights to Recognition, The Enhanced Role of the Central Arbitration Committee (CAC), Collective Bargaining, TU Rights to Consultation and Information, EU Works Council Directive, The Fate of the Draft 5th Company Law Directive of the EU, The Non-Industrial Activities of Trades Unions, The Relationship Between a Trade Union and it?s Members, Election to Trade Union Office, Dismissal, Refusal to Employ, and Discrimination on the Grounds of TU Membership. 12. THE MANAGEMENT OF INDUSTRIAL CONFLICT. Strikes and Lock-Outs, Other Forms of Industrial Action, The ?Economic? Torts, The Avoidance of Civil Liability, Strike Ballots, Criminal Offences, Picketing, Official and Unofficial Industrial Action, The Effect of Strikes on Contracts of Employment. APPENDIX I: An Employment Tribunal Case APPENDIX II: Small Businesses
