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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.
In a previous monograph a discussion took place on stages one and part of stage two of the three stage process in an unfair dismissal action, namely the employee having to show that he has been dismissed (stage one), and some of the reasons for dismissal which fall within the statutory categories, namely the employee's capability and qualifications; misconduct and redundancy (part of stage two). In this monograph an analysis is proposed on the two remaining reasons, these being the contravention of a duty imposed by an enactment and some other substantial reason. There will then follow a discussion on the test of fairness as constituting the third of the three stage process and on the remedies available when the tribunal finds that the employee has been unfairly dismissed.
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:
Modern employment legislation invests the employee with important rights resulting in a greater degree of job security and improved legal protection in his employment…
Modern employment legislation invests the employee with important rights resulting in a greater degree of job security and improved legal protection in his employment. These rights or entitlements which are all personal in nature are divisible, for the sake of convenience, into four parts. Firstly, individual rights. These include guarantee payments, medical suspension, maternity, time off for specified activities, and the employer's insolvency. These rights are by no means exhaustive. Other rights of an individual nature as for example the right not to belong to a trade union where a closed shop is in operation; rights in connection with trade union membership; written reasons for dismissal; and so on, will be treated in the context of the discussion which will take place under the appropriate heading. Secondly, it is proposed to examine the employees right not to be discriminated against in employment on grounds of race and sex, thirdly, his right not to be unfairly dismissed will be analysed, to be followed finally by his right to redundancy payments. In this monograph, it is proposed to examine the first of these personal rights, namely the employee's individual rights. Each of the others will be discussed in subsequent monographs. It should be noted that unlike the common law terms implied into the contract of employment which consist of duties imposed on both the employer and the employee and which can be contracted out of by an express term in the contact of employment the statutory conditions of employment cannot be dispensed with in that manner. Like the implied terms at common law, the statutory conditions of employment too form another source of contract of employment though of course they are independent in that they neither form part of the contract of employment nor of the common law rights.
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have…
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in British law as it affects the employment field, plus an evaluation and analysis of some of the different types of employment relationships which have evolved by examining, where possible, the status of each of these relationships. Concludes that the typical worker nowadays finds himself in a vulnerable position both economically and psychologically owing to the insecurity which exists.
Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together with an analysis and appraisal. Considers, first, information and consultation rights with regards to the transfer of undertakings and redundancies, followd by the right to collective action and, lastly, protection in the event of unjustifiable dismissal. Presents case law throughout as examples. Concludes that the UK has attempted to prevent social and economic rights for workers from being included in the final charter despite fierce opposition. Compares this view together with the UK suspicion of Europe against the views of the other member states.
The study analyses production worker hiring standards based on time series personnel records drawn from matched plants in the U.S., U.K., Italy, the Netherlands and…
The study analyses production worker hiring standards based on time series personnel records drawn from matched plants in the U.S., U.K., Italy, the Netherlands and Belgium. Our hypothesis is that labor market regulation pushes upwards hiring standards for production workers. Labor market regulation is measured both by an employment protection index, and by workforce average tenure as a proxy for insider power. We find that the average tenure variable gives more robust results than the index. Its effect is to increase education standards, but to reduce starting age standards. The expected positive effect of employment protection on hiring standards is found in simple regressions, but is not generally supported by the multivariate analysis once other influences are held constant. However, union density is found to increase hiring standards, and might take over the effect of employment protection as an indicator of overall regulatory pressure. We also find a strong substitutability between recruits’ prior experience and education. This substitutability indicates the power of education to widen job opportunities for inexperienced workers.
The purpose of this paper is to examine employers’ perceptions of changes in the labour cost‐productivity gap due to the ageing of the workforce, the effects of tenure…
The purpose of this paper is to examine employers’ perceptions of changes in the labour cost‐productivity gap due to the ageing of the workforce, the effects of tenure wages and employment protection on the perceived gap, and whether a perceived labour cost‐productivity gap affects employers’ recruitment and retention behaviour towards older workers.
The authors analyse surveys administered to employers in Denmark, France, Germany, Italy, the Netherlands, Poland and Sweden.
Approximately half of employers associate the ageing of the personnel with a growing gap between labour costs and productivity. Both the presence of tenure wages and employment protection rules increase the probability of employers perceiving a widening labour cost‐productivity gap due to the ageing of their workforce. A counterfactual shows that even when employment protection and tenure wage systems are abolished, 40 percent of employers expect a net cost increase. The expected labour cost‐productivity gap negatively affects both recruitment and retention of older workers.
In this paper, the wage‐productivity gap is examined through the perceptions of employers using an international comparative survey.
Since their creation through the Industrial Training Act 1964 to hear appeals against levies, the jurisdiction of industrial tribunals has grown considerably. One aspect…
Since their creation through the Industrial Training Act 1964 to hear appeals against levies, the jurisdiction of industrial tribunals has grown considerably. One aspect of this jurisdiction, unfair dismissal, is examined here. Basic principles related to the law of unfair dismissal are examined. The practice and procedure of an industrial tribunal solely in connection with unfair dismissal cases are examined in greater detail. A case study is used to illustrate the important aspects of procedure. Appendices give relevant forms and extracts from the appropriate Code of Practice.
The issue of employment status lies at the heart of much conflict in the gig economy, with many gig economy workers effectively excluded from statutory employment…
The issue of employment status lies at the heart of much conflict in the gig economy, with many gig economy workers effectively excluded from statutory employment protection because of it. Establishing employment status continues to be the gateway to accessing most UK statutory employment rights, a fact which makes the exclusion of casual workers from much statutory protection seem arbitrary and unjust. Employment status has been historically determined by common law conceptions of the contract of employment. This creates particular difficulties for casual workers, who have typically had to prove a requirement to perform personal service and to show that the contract was based on mutual obligations in order to be recognised as employees. The advent of the gig economy has seen the concept of employment status evolve as courts and legislators have struggled to adapt to a more flexible labour market. Likewise, gig economy employers have gone to considerable lengths to try to circumvent the legal protections available to their workers. This chapter will examine the evolving role of common law doctrine in defining employment status and the emergence of the category of ‘worker’ as an definition of employment status for those who work in the gig economy. It will analyse prominent cases involving gig economy employers (such as Uber BV v Aslam) and explore how these cases have re-defined contractual doctrine. Finally, the chapter will analyse the Taylor Review (2017) and examine the viability of a conceptual uncoupling of statutory employment protection from contractual doctrine.