Search results

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.

At one of the European enlargement conferences the then Commissioner for Employment and Social Affairs said “social policy, from education to health and safety, from social protection to labour law, is the foundation stone of the EU’s successful political and economic progress, as political democracies and as market economies.” This statement puts in a nutshell the significance of the EU’s social policy programme. Within that programme the important function of the social dialogue between the social partners, namely the representatives of employers and representatives of employees, cannot be under estimated. The two way dialogue between the autonomous and independent representatives of each side of industry, as well as, where relevant, with governments, is not only of importance but is a key element of a meaningful social policy. Social policy is a primordial feature in the improvement of economic performance of any Member State and is central to a nation’s economic progress. The social dialogue, an important feature of European social policy, has not been with out its problems and has not always been easy to effectuate. In many cases employers are uneasy with this process; are reluctant to carry out a dialogue with unions; or simply refuse to recognise a union for collective bargaining purposes. In spite of these setbacks, there has been some progress made in the social dialogue field at European level.

Proposes to treat social law contracts by covering the two most important aspects of the contract of employment, and also the collective agreement. Covers the contract of employment in full with all the integral laws explained as required, including its characteristics, written particulars, sources or regulations, with regard to employers, are also covered. Lengthy coverage of the collective agreement is also included, showing legal as well as moral (!) requirements, also included are cases in law that are covered in depth.

In attempting an examination of the contractual and normative concepts of the collective agreement, some ideas are tentatively put forward in the pages which follow hoping that they will stimulate the reader's mind and open areas for further discussion.

Discusses the transfer of undertakings in the UK, referring to the Transfer of Undertakings (Protection of Employment) Regulations of 1981, the Employment Rights Act 1996, and the Acquired Rights Directive 1977. Provides the raison d’etre of the Acquired Rights Directive and outlines how it was implemented in the UK. Talks about the confusing jurisprudence of the European and British courts, mentioning the European Court of Justice’s challenges to the directive, the 1994 proposals, amended 1997 proposals, the Commission’s memorandum of 1997 and the UK government’s consultation papers. Describes how the European Directive is applied and interpreted in relation to the Acquired Rights Directive and transfer of undertakings. Outlines the regulations controlling compulsory competitive tendering. Points out the obligation to inform and consult on the transfer of an undertaking and how the directive is enforced if this fails to occur. Notes the effect a relevant transfer has on existing collective agreements and the legal implications of dismissing employees by reason of the relevant transfer. Looks at the European Commission’s proposal for a directive on safeguarding employees’ rights in the event of transfer and the implications that would have on UK business. Concludes that a new directive is needed, building on the 1977 Directive but ironing out its inconsistencies.

Whatever debates may have taken place in the past in the courts and elsewhere on the status of trade unions, current legislation provides that a “… trade union … is not a body corporate …” and “…shall not be treated as if it were a body corporate…” For practical reasons however, a trade union is, inter alia, “… capable of making contracts …” which includes the entering into a collective agreement.

A Consultation procedure over redundancies which forms part of the employer's obligations towards the recognised union(s) has been introduced by Part IV of the Employment Protection Act, 1975. The relevant provisions impose an obligation upon the employer to consult with the authorised representatives of the union(s) he recognises on matters concerning, not only mass redundancies of employees within the class for which the union is recognised, but also when one employee within that class is to be made redundant. The employer's obligation to consult extends not only to employees who are members of the recognised union, but also to employees who are not union members.

Attempts to describe, comment, analyse and evaluate the various facets of the voluntary arbitration scheme. Provides brief information showing the development towards the present situation and provides some explanation. Details the arbitration system, at some length, including structure and proceedings, then attempts to evaluate and analyse the situation in order to draw some conclusions. Suggests that an alternative method of individual dispute resolution is now imperative due to the rise in volume and associated costs. Proffers the use of the ACAS Arbitration Scheme.

In the last four years, since Volume I of this Bibliography first appeared, there has been an explosion of literature in all the main functional areas of business. This wealth of material poses problems for the researcher in management studies — and, of course, for the librarian: uncovering what has been written in any one area is not an easy task. This volume aims to help the librarian and the researcher overcome some of the immediate problems of identification of material. It is an annotated bibliography of management, drawing on the wide variety of literature produced by MCB University Press. Over the last four years, MCB University Press has produced an extensive range of books and serial publications covering most of the established and many of the developing areas of management. This volume, in conjunction with Volume I, provides a guide to all the material published so far.

Outlines social dialogue by providing a definition and background to its introduction and covers its progress to date. Critically examines the social dialogue resulting in the European collective agreement, the instrument for implementing directives. Concludes with the Collective agreement’s place in formulating European Law. Suggests the integration of the Maastricht Treaty into the body of the Treaty of Amsterdam forms a basis for solid advances in social policy.