1 The Employment Relationship
This chapter covers all aspects of the relationship between employer and employee from employment contracts to the recruitment of foreign nationals. The legal issues surrounding the engagement of employed and self-employed staff are examined. Further the chapter explores continuity of employment, including temporary absence from work and incapacity.
2 Employment Contracts
This chapter provides an outline of contract law and in depth advice on the contract between employer and employee. It also provides information on what to include in an offer letter and employee handbook. Guidance is provided on variation from the terms in the contract, void terms and suspension of the contact.
3 Reward
This chapter summarises the legal issues surrounding the forms of payment available to the employee, from financial remuneration to leave. It includes sections on itemised pay statements, the national minimum wage, holiday pay, and pensions. It also looks at what to do when things go wrong, and includes entries on unauthorised deductions and overpayment.
4 Equal Opportunities and Diversity
This chapter highlights the issues encompassing equal opportunities and diversity in the workplace. Sex discrimination, race discrimination, and disability discrimination are defined and the legal liability surrounding them is discussed. The author provides essential information on how to develop and maintain an equality and diversity strategy to eliminate discrimination in the workplace.
5 Family Friendly Rights
This chapter covers the main legal provisions that relate to employees with families and the implications of these rights in the workplace. The author not only covers maternity rights but also more recent benefits for employees, such as paternity rights, paid adoption leave, and the right to request flexible working.
6 Human Rights and Data Protection
This chapter explores human rights and data protection. The author provides a brief overview of some of the relevant articles of the Human Rights Act 1998 and provides an in depth analysis of its implications for employers and employees. The issue of data protection is explored in detail, 'personal data' is defined, and the principles of the Data Protection Act 1998, and the consequences of breaching it, are outlined.
7 Occupational Health and Safety
This chapter deals with the health and safety of employees in the workplace. The framework of health and safety law is provided, along with an overview of the employer's duty to the employee and the liability of the employer for compensation as a result of personal injury to the employee.
8 Working Time
This chapter looks at working time regulations and the duty of the employer to regulate the hours of its employees to protect their health and safety. Topics include: the definition of 'working time', average working hours and time limits.
9 Transfer of Undertakings
This chapter looks at the complex area of the transfer of undertakings (TUPE), it defines TUPE and examines the types of business transfer to which it applies. The narrative covers the widening of the definition of a transfer, how to determine when TUPE applies to outsourcing, and public sector transfers.
10a Grievance and Disciplinary Issues
10b Dismissal and Compromise
10c Redundancy
These chapters cover grievance, discipline and dismissal in the workplace. They also discuss compromise and give a thorough overview of redundancy. The authors outline potential instances where a grievance might arise and what the law requires of the employer in order to redress the grievance. Situations where an employer may be required to invoke a disciplinary procedure are also covered, along with the procedure itself and possible solutions. Finally, they cover dismissal in detail.
11 Information and Consultation
This chapter outlines the legal right of employees to have access to certain information about their organisation and to be consulted on a variety of matters. A broad range of scenarios is covered which highlight the situations where the right to be consulted and informed will occur. In addition, the author discusses forthcoming legislation which will extend these rights.
12 Trade Unions and Collective Bargaining
This chapter sets out the law relating to trade unions and collective bargaining. The issues covered include the legal protection of employees from detriment when engaging in trade union activities, protection for those who do not wish to join a union, and trade union activities.
13 Industrial Action
This chapter deals with the various types of industrial action. The legal position of both the union and the employees is discussed in detail, as are the steps employers may take in response to any action such as withholding wages for work not done.
14 Dispute Resolution
This chapter lays out what may happen when the relationship between employer and employee goes wrong. Common forms of, and routes to, dispute resolution are outlined and outside bodies who can step in and deal with these type of disputes are critiqued. In addition the author summarises alternative forms of dispute resolution, such as mediation.