Now in its tenth edition, "Essentials of Employment Law" is firmly established as the definitive textbook on employment law for all those studying human resource management, a business degree programme or the CIPD's employment law specialist elective. This text covers all the key areas of employment law from the formation of contracts of employment to the preservation of human rights, as well as the very latest legislation, case law developments, new codes of practice and much more. The tenth edition has been restructured to reflect the way employment law is taught today. In addition to chapter overviews, mini case studies and key learning points within the text, this new edition also comes with access to a brand new companion website.
Table of Contents
Chapter 1 The sources and institutions of employment law CIVIL AND CRIMINAL LAW LEGISLATION AND CODES OF PRACTICE COMMON LAW AND THE COURT HIERARCHY EUROPEAN UNION LAW THE KEY INSTITUTIONS Chapter 2 Formation of the contract of employment (1): the sources of contractual terms CONTRACTS OF EMPLOYMENT EXPRESS TERMS AND STATUTORY STATEMENTS COLLECTIVE AGREEMENTS WORKFORCE AGREEMENTS WORKS RULES AND POLICY GUIDANCE CUSTOM AND PRACTICE TERMS IMPLIED BY STATUTE AND REGULATIONS TERMS IMPLIED BY THE COMMON LAW Chapter 3 Formation of the contract of employment (2): implied terms of law DUTIES OF THE EMPLOYER DUTIES OF THE EMPLOYEE PUBLIC INTEREST DISCLOSURES THE LAW GOVERNING INVENTIONS AND COPYRIGHT CHAPTER 4 Recruitment and Selection EMPLOYMENT STATUS OUTSOURCING FIXED-TERM OR INDEFINITE CONTRACT? PART-TIME OR FULL-TIME? SHOULD TEMPORARY EMPLOYEES OR AGENCY STAFF BE HIRED? SHOULD A PROBATIONARY PERIOD BE IMPOSED? REGULATORY CONSTRAINTS CHAPTER 5 Pay Issues THE DUTY TO PAY WAGES THE NATIONAL MINIMUM WAGE PAY STATEMENTS GUARANTEE PAYMENTS PAY AND SICKNESS STATUTORY SICK PAY SUSPENSION ON MEDICAL GROUNDS Chapter 6 Discrimination against employees on the grounds of sex, sexual orientation, race, religion or belief THE EQUALITY BILL 2009 THE SEX DISCRIMINATION ACT 1975, THE RACE RELATIONS ACT 1976, THE SEXUAL ORIENTATION REGULATIONS 2003 AND THE RELIGION OR BELIEF REGULATIONS 2003 RECRUITMENT AND SELECTION LAWFUL DISCRIMINATION UNEQUAL TREATMENT IN EMPLOYMENT AND DISMISSALS LIABILITY THE EQUAL PAY ACT 1970 Chapter 7 Age discrimination and Disability discrimination AGE DISCRIMINATION THE AGE REGULATIONS DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING OTHER UNLAWFUL ACTS GENERAL EXCEPTIONS DISABILITY DISCRIMINATION DISABILITY THE DUTY TO MAKE ADJUSTMENTS UNLAWFUL DISCRIMINATION EMPLOYER LIABILITY UNDER THE DDA Chapter 8 Parental rights TIME OFF FOR ANTENATAL CARE MATERNITY LEAVE STATUTORY MATERNITY PAY PARENTAL LEAVE PATERNITY LEAVE ADOPTION LEAVE TIME OFF FOR DEPENDANTS FLEXIBLE WORKING PROTECTION FROM DETRIMENT UNFAIR DISMISSAL Chapter 10 The regulation of working time THE WORKING TIME REGULATIONS 1998 TIME OFF FOR TRADE UNION DUTIES AND ACTIVITIES TIME OFF FOR PUBLIC DUTIES TIME OFF FOR EMPLOYEE REPRESENTATIVES77 AND EMPLOYEE TRUSTEES OF PENSION FUNDS TIME OFF FOR STUDY OR TRAINING TIME OFF TO LOOK FOR WORK Chapter 11 Variation, breach and termination of the contract of employment at common law VARIATION BREACH OF CONTRACT AUTOMATIC TERMINATION: FRUSTRATION TERMINATION WITHOUT NOTICE: SUMMARY DISMISSAL TERMINATION WITH NOTICE REMEDIES FOR WRONGFUL DISMISSAL Chapter 12 Unfair dismissal (1) : EXCLUSIONS AND THE MEANING OF DISMISSAL EXCLUSIONS AND QUALIFICATIONS THE MEANING OF DISMISSAL CONSTRUCTIVE DISMISSAL THE EFFECTIVE AND RELEVANT DATE OF TERMINATION Chapter 13 Unfair dismissal (2): POTENTIALLY FAIR REASONS AND THE CONCEPT OF REASONABLENESS GIVING A REASON FOR DISMISSAL AUTOMATICALLY UNFAIR DISMISSAL POTENTIALLY FAIR REASONS FOR DISMISSAL INDUSTRIAL ACTION AND LACK OF JURISDICTION REASONABLENESS IN THE CIRCUMSTANCES THE CODE OF PRACTICE AND PROCEDURAL FAIRNESS Chapter 14 Redundancy QUALIFICATIONS AND EXCLUSIONS THE DEFINITION OF REDUNDANCY OFFERS OF ALTERNATIVE EMPLOYMENT UNFAIR REDUNDANCY CONSULTATION Chapter 15 Unfair dismissal and redundancy claims MAKING A CLAIM CONCILIATION AND COMPROMISE AGREEMENTS ARBITRATION THE REMEDIES FOR UNFAIR DISMISSAL AWARDS OF COMPENSATION CALCULATING A REDUNDANCY PAYMENT EMPLOYEE RIGHTS ON INSOLVENCY Chapter 16 Continuity of employment and transfers of undertakings CONTINUITY OF EMPLOYMENT A WEEK'S PAY TRANSFERS OF UNDERTAKINGS Chapter 17 Information and consultation TRANSNATIONAL INFORMATION AND CONSULTATION INFORMATION AND CONSULTATION REQUIREMENTS IN THE UNITED KINGDOM COLLECTIVE REDUNDANCIES TRANSFERS OF UNDERTAKING
David is Professor of Employment Law and programme leader for the LLM in Employment Law at Middlesex University. David also has considerable experience as a consultant and is an ACAS arbitrator, a member of the editorial board of the Industrial Law Journal and an elected member of the Executive Committee of the Industrial Law Society. Malcolm is a Professor of Labour Law at Middlesex University Business School. He is also a member of the Centre for Legal Research at Middlesex University. Prior to becoming an academic, Malcolm was the HR manager of a large financial company, responsible for all HR activities within the organisation. Subsequently, he helped run a recruitment business for many years before combining his practical and academic experience in his present post.