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Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…
Abstract
Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.
Examines dispute resolution in Britain and in particular,third‐party intervention, notably conciliation, mediation andarbitration as provided by the Advisory, Conciliation and…
Abstract
Examines dispute resolution in Britain and in particular, third‐party intervention, notably conciliation, mediation and arbitration as provided by the Advisory, Conciliation and Arbitration Service (ACAS). Examines the role of industrial tribunals and makes a comparison with arbitration. Draws attention to recent trends in dispute resolution in Britain and in particular the rise in individual conciliation cases as British workers exercise their new found rights under European Union (EU) law. Comments on possible reforms to the system of dispute resolution in Britain.
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The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
Abstract
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:
The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal…
Abstract
The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.
A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…
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A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
Abstract
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
Whilst notions of conflict have historically underpinned the rhetoric and policy focus of employment relations, more recently the locus of debate has shifted towards the…
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Whilst notions of conflict have historically underpinned the rhetoric and policy focus of employment relations, more recently the locus of debate has shifted towards the relationship between employment relations and organisational performance. Yet, Acas remains best known for its dispute resolution services. Using new data, the paper explores Acas' dispute resolution functions, but also examines a broader range of Acas interventions aimed at supporting organisations in handling conflict through arrangements for improved employment relations. It reports data on Acas customers' perceptions of the nature and impact of Acas interventions. Focusing on the activities aimed at tackling collective issues, it considers how these fit into the Government's wider “productive workplace” agenda. It concludes that Acas' strength lies in bringing the parties to the table, both to resolve disputes and also to develop innovative strategies for improving workplace effectiveness. The paper also assesses future opportunities for seeking a more strategic approach to managing conflict at work.
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Susan Curtis and Dennis Wright
Outlines the make‐up and role of ACAS. Considers the different areas of their work i.e. collective conciliation, advisory services, individual conciliation, and promotion work…
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Outlines the make‐up and role of ACAS. Considers the different areas of their work i.e. collective conciliation, advisory services, individual conciliation, and promotion work. Discusses each in turn before speculating on the future for ACAS, suggesting that it needs to keep pace with the changing nature of work. Cites that the body is attempting an arbitration alternative to the legalistic employment tribunal.
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The purpose of this Editorial is to outline the main functions of the UK industrial relations state agencies – the Certification Officer, the Central Arbitration Committee and The…
Abstract
Purpose
The purpose of this Editorial is to outline the main functions of the UK industrial relations state agencies – the Certification Officer, the Central Arbitration Committee and The Advisory Conciliation and Arbitration Service.
Design/methodology/approach
The Editorial outlines the main functions of the UK industrial relations state agencies, explaining their history and roles.
Findings
The Editorial reveals detailed information about the main functions of the UK industrial relations state agencies.
Originality/value
The Editorial offers insights into the work of UK industrial relations state agencies.
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In this, the second, article on the operations of third partyintervention in New Zealand the processes of conciliation, mediation andarbitration on the resolution of personal…
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In this, the second, article on the operations of third party intervention in New Zealand the processes of conciliation, mediation and arbitration on the resolution of personal grievances, disputes of right and disputes of interest are discussed. The legal enforceability of awards and agreements is examined and an attempt is made to analyse the effect of the legislation on the initial stages of the 1987/88 wage round.
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