{"title":"14. Equal Pay Law","authors":"D. Cabrelli","doi":"10.1093/he/9780198813149.003.0014","DOIUrl":"https://doi.org/10.1093/he/9780198813149.003.0014","url":null,"abstract":"This chapter examines the principle of equal pay for equal work enshrined in the Equality Act 2010 (EA). It first considers the stubbornness of the gender pay gap in the UK and the EU, as well as the justifications for intervention in the labour market via the auspices of equal pay laws. It goes on to discuss the legal machinery in the EA, which confers an entitlement on employees of one sex to the same remuneration as suitable employee comparators of the opposite sex. The focus then turns to the content of the ‘sex equality clause’—a term imposed into every employee’s contract of employment by virtue of section 66 of the EA. This is followed by a discussion of the material factor defence for employers in section 69 of the EA.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126639622","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"8. Pay and Working Time","authors":"D. Cabrelli","doi":"10.1093/he/9780198813149.003.0008","DOIUrl":"https://doi.org/10.1093/he/9780198813149.003.0008","url":null,"abstract":"This chapter examines the statutory regulation of the wage–work bargain and the working conditions of ‘employees’ and ‘workers’, analysing their historical background and the justifications for their introduction. It covers the rights conferred on employees and workers under the National Minimum Wage Act 1998 and the Working Time Regulations 1998, including working time rights and the right to annual leave. Both laws have the capacity to over-ride the mutually agreed contractual arrangements struck by the parties. The chapter also addresses the provisions of the Employment Rights Act 1996 relating to wages (e.g. the statutory right not to suffer unauthorized deductions from wages, and the right to a guarantee payment).","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132387968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"20. Collective Redundancies","authors":"D. Cabrelli","doi":"10.1093/he/9780198813149.003.0020","DOIUrl":"https://doi.org/10.1093/he/9780198813149.003.0020","url":null,"abstract":"This chapter examines the law on collective dismissals, which involves the large-scale lay-off of labour by an employer. It first considers the meaning of ‘collective redundancies’ and discusses the basic obligations of the employer, namely the provisions of information, consultation and notification. It then turns to the detail of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA); the nature and extent of the employer’s obligations; and the consequences when the employer fails to comply with the statutory information and consultation procedures in section 188 of TULRCA.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128876799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"4. Alternative Personal Work Contracts and Relations","authors":"D. Cabrelli","doi":"10.1093/he/9780198813149.003.0004","DOIUrl":"https://doi.org/10.1093/he/9780198813149.003.0004","url":null,"abstract":"This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"421 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116688603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"12. Disability Discrimination","authors":"D. Cabrelli","doi":"10.1093/he/9780198813149.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780198813149.003.0012","url":null,"abstract":"This chapter examines disability discrimination law under the Equality Act 2010. It focuses on disability discrimination, with disability being treated as a separate protected characteristic. The chapter first considers the historical context and the possible conceptual approaches to the protection of disabled workers. It then addresses the definition of ‘disability’ in section 6 of the Equality Act. This is followed by an analysis of the employer’s duty to make reasonable adjustments in the workplace to accommodate disabled workers. Next, the ‘discrimination arising from disability’ concept is discussed. Finally, the chapter presents some comments and observations on the current state of disability discrimination law in general, taking into account the terms of the Equality Act and European developments.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121647999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"18. Redundancy","authors":"David Cabrelli","doi":"10.1093/he/9780198748335.003.0018","DOIUrl":"https://doi.org/10.1093/he/9780198748335.003.0018","url":null,"abstract":"This chapter examines the statutory regulation of redundancy, together with the extent to which a statutory redundancy payment offers sufficient compensation for the loss of the employee’s job, and the financial and emotional disruption caused by the need to search for other employment. It considers other protections available to the employee who is about to be, or has been, made redundant. It then assesses the evolution of the present statutory regime and whether it strikes an appropriate balance between the personal financial costs and adverse social costs shouldered by UK taxpayers and the economy on the one hand, and the costs to the productive economy and the labour market on the other. The alternatives to redundancy are also addressed.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116321593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"19. Transfers of Undertakings","authors":"D. Cabrelli","doi":"10.1093/HE/9780198813149.003.0019","DOIUrl":"https://doi.org/10.1093/HE/9780198813149.003.0019","url":null,"abstract":"This chapter examines the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). It first assesses the legal position prior to the introduction of the European Acquired Rights Directive 2001, which is the source of TUPE. It then analyses the principal implications of TUPE and its provisions. It considers the circumstances when TUPE will apply and the extent to which TUPE has been interpreted progressively to include economic transactions and arrangements which transcend the transfer of an organization’s business and assets. The chapter also examines the impact of TUPE on the contract of employment, and discusses the information and consultation obligations imposed on transferors.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126649135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"11. The Protected Characteristics","authors":"D. Cabrelli","doi":"10.1093/HE/9780198813149.003.0011","DOIUrl":"https://doi.org/10.1093/HE/9780198813149.003.0011","url":null,"abstract":"This chapter analyses the ‘protected characteristics’ in the Equality Act 2010. These include sex, gender re-assignment, pregnancy, and maternity discrimination; race discrimination; religion or belief discrimination; sexual orientation, marriage, and civil partnership discrimination; and age discrimination. It examines these protected characteristics in detail, including some of the ‘boundary disputes’ which arise in the case of some of them. It then explores the genuine occupational requirements exception; the mechanics of the reversed burden of proof in discrimination cases; and the law of vicarious liability in the context of discrimination. Finally, the chapter sets out the various remedies available where a claimant is successful in his/her discrimination complaint before an employment tribunal.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127777873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"13. Part-Time and Fixed-Term Work","authors":"D. Cabrelli","doi":"10.1093/HE/9780198813149.003.0013","DOIUrl":"https://doi.org/10.1093/HE/9780198813149.003.0013","url":null,"abstract":"This chapter examines the policies that have been adopted to strike a balance between the twin objectives of labour market flexibility and enhanced job quality in the context of the regulation of part-time work and fixed-term work. It discusses the benefits and drawbacks of part-time and fixed-term working: for workers the flexibility which accompanies such positions can enable them to secure working hours that are tailored around their domestic and social responsibilities; however, such work often comes at a cost in terms of low pay, low status, and insecurity. These working patterns are attractive to employers as they generate cost efficiencies. The chapter evaluates the equal treatment regimes contained in the Part-Time Workers Regulations and the Fixed-Term Employees Regulations. In so doing, it addresses the Framework Agreement and Directive on Part-time Work and the Agreement on Fixed-term Work and the Fixed-term Work Directive.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129075860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"17. Procedural Fairness and Remedies","authors":"D. Cabrelli","doi":"10.1093/he/9780198813149.003.0017","DOIUrl":"https://doi.org/10.1093/he/9780198813149.003.0017","url":null,"abstract":"This chapter first examines the various conceptions of procedural fairness. It then underscores the diversity and adaptability of the standards of procedural fairness. It charts the approach of the tribunals and courts to the standards of procedural fairness and analyses the stages of a procedurally fair process. Finally, the chapter probes the remedies available in the case of a successful unfair dismissal, including the calculation of the basic award, the measure of compensation payable in the case of the compensatory award, and the orders of reinstatement and re-engagement. The chapter concludes with an overall assessment of the efficacy of the statutory unfair dismissal regime.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128084181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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