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Chapter summaries

Chapter 1 The Recruitment Process
This chapter lays out the practical aspects employers need to consider in relation to the recruitment process, including advice on bringing awareness and understanding of discrimination into the recruitment process, as well as procedural advice on the recruitment and selection processes. This chapter includes 6 model documents.

Chapter 2 Preparing Contracts of Employment
This chapter deals with all aspects of the contract of employment; including written statement of particulars, implied and incorporated terms, implied terms of law, restrictive covenants and additional clauses. In addition, there is a section on continuity of employment including preserving continuity, as well as material on continuity of employment, and changes of employer. This chapter includes 4 model documents.

Chapter 3 Workers’, Employees’ and Others
This chapter provides an outline of different types of contract, determining employment status, employing temporary staff, fixed-term contracts, part-time contracts, home workers, casual workers and ‘other’ workers. This chapter includes 3 model documents.

Chapter 4 Work Life Balance
This chapter includes an overview of the law defining work-life balance including maternity, paternity and adoption leave, as well as the right to request flexible working, and other relevant legislation. This chapter also includes discussion of potential legal pitfalls; such as discrimination against men, dismissing pregnant women, failing to ‘lay’ a paper trail / procedures, communication, redundancy and disadvantaging other staff. This chapter includes 9 model documents.

Chapter 5 Tackling Data Protection Issues
This chapter explores data protection law including who is covered, defining data, sensitive data, processing data, employees’ rights, the Eight Data Protection Principles and, consequences and penalties. There is also a section considering practical issues such as accessing data, providing references, recruitment data, keeping records up-to-date, how long to keep records, deleting records, dealing with sensitive data, human rights, monitoring and surveillance, and security. This chapter includes 3 model documents.

Chapter 6 Health and Safety
This chapter highlights the importance of effectively managing the health and safety of employees. Including an overview of health and law, the chapter clarifies relevant legislation, as well as other applicable legislation. There are also sections on health and safety policies, and good practice advice, including developing a positive safety culture, ergonomics, risk assessment and stress. This chapter includes 2 model documents.

Chapter 7 Avoiding Discrimination
This chapter sets out anti-discrimination law covering sex, race, disability, sexual orientation, religion or belief, atypical workers, age discrimination, trade union membership, equal pay, and clarifies other protected categories, as well as liability for discrimination. Furthermore, this chapter clarifies types of discrimination: direct, indirect, victimisation and harassment. There is also guidance on legal exceptions. As well as detailed sections on harassment and bullying and exercising the right to equal pay. This chapter includes 5 model documents.

Chapter 8 Grievance and Disciplinary Processes
The chapter presents practical advice on grievance and disciplinary procedures, including an overview of the law, as well as providing guidance on a range of potential legal pitfalls, such as the implications of poorly trained managers and failure to ‘lay a paper trail’. This chapter includes 15 model documents.

Chapter 9 Transfer of Undertakings
This chapter clarifies the complex area of transfer of undertakings, providing an overview of TUPE law, including; when TUPE applies, contracting / outsourcing, service provision changes and public sector transfers. The chapter also gives practical advice on understanding and managing TUPE ‘in practice’ including, for example, advice on ‘who is transferred’, the ‘new’ employer and employee rights.

Chapter 10 Changing Terms and Conditions
This chapter looks at changing terms and conditions, including, changes to working arrangements, collective agreements and industrial action. There is guidance, for example, on unilateral changes to contracts, flexible working, retirement, trade unions, time off, ‘golden formula’, lawful action and picketing. This chapter includes 21 model documents.

Chapter 11 Terminating the Employment Relationship
This chapter covers all aspects relating to terminating the employment relationship; providing an overview of statutory dismissal (including disciplinary and grievance procedures); as well as including sections on unfair dismissal and remedies, reasons for dismissal, wrongful dismissal, employment tribunals and alternative dispute resolution.