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1 – 10 of over 25000It will be recalled that the last monograph treated the significance of the collective agreement in society. If solely a function in society, (though having a legal basis), were…
Abstract
It will be recalled that the last monograph treated the significance of the collective agreement in society. If solely a function in society, (though having a legal basis), were to be attributed to the collective agreement, this would mean that no rights or obligations whatsoever would be created between the parties to it. This is not so in practice. It is of course a fact that no legally enforceable rights and obligations normally accrue, and as already indicated, those are moral ones and are only enforceable in honour, i.e. a gentleman's agreement. Nevertheless, this does not necessarily mean that the collective agreement has no juridical significance. Even agreements which are binding in honour only, as for example the kind of agreement found in Balfour v. Balfour, have a known juridical nature. Furthermore, though the collective agreement is only binding in honour, its incorporation into the individual contract of employment makes its terms legally enforceable even though recourse to the courts is seldom had. As a source of rights and obligations of considerable importance the collective agreement must therefore have some juridical significance and cannot remain entirely in the realms of society.
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.
In this essay it is proposed first to draw the important distinction which exists in practice between the collective and procedure agreements and explain briefly the respective…
Abstract
In this essay it is proposed first to draw the important distinction which exists in practice between the collective and procedure agreements and explain briefly the respective functions of each of these. An examination will then follow of the current legal status of the collective agreement in Great Britain where a discussion and analysis of various aspects of legal non‐enforceability will take place.
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…
Abstract
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.
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:
In the last monograph an attempt was made at giving a short historical background of the trade union movement; at defining a trade union; at discussing the closed shop and at…
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…
Abstract
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.
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.
“All things are in a constant state of change”, said Heraclitus of Ephesus. The waters if a river are for ever changing yet the river endures. Every particle of matter is in…
Abstract
“All things are in a constant state of change”, said Heraclitus of Ephesus. The waters if a river are for ever changing yet the river endures. Every particle of matter is in continual movement. All death is birth in a new form, all birth the death of the previous form. The seasons come and go. The myth of our own John Barleycorn, buried in the ground, yet resurrected in the Spring, has close parallels with the fertility rites of Greece and the Near East such as those of Hyacinthas, Hylas, Adonis and Dionysus, of Osiris the Egyptian deity, and Mondamin the Red Indian maize‐god. Indeed, the ritual and myth of Attis, born of a virgin, killed and resurrected on the third day, undoubtedly had a strong influence on Christianity.
Since 1970 the British industrial relations system has been injected with an unprecedented volume of law relating to employment. We have had the Equal Pay Act, 1970 and Sex…
Abstract
Since 1970 the British industrial relations system has been injected with an unprecedented volume of law relating to employment. We have had the Equal Pay Act, 1970 and Sex Discrimination Act, 1975 which have spawned an Equal Opportunities Commission; the Industrial Relations Act, 1971 was passed and subsequently repealed by the Trade Union and Labour Relations Act, 1974 (TULRA); the provisions of this latter act have been further buttressed by the Employment Protection Act, 1975 (EPA); dealing with a very much neglected area of industrial relations we have had the Health and Safety at Work Act, 1974; finally the Bullock Commission which was set up to inquire into the way worker directors could increase employee participation in industrial affairs reported to the Minister in February, 1977. The government have promised legislation on ‘industrial democracy’ sometime in 1977 or 1978.