bluuebunny/crossref_metadata_2025 huggingface dataset:
13. The Criminal Liability of Corporations
Authors: Herring Jonathan
Published: August 2018

This chapter begins with a discussion of the law on corporate criminality, covering the difficulty in convicting companies of crimes; corporate killing; and vicarious liability. The second part of the chapter focuses on theoretical issues in corporate liability, covering the reality of corporate crime; the clamour for corporate liability; whether a company should be guilty of a crime; and what form corporate crime should take.
14. Inchoate Offences
Authors: Herring Jonathan
Published: August 2018

This chapter discusses the law and theory of inchoate offences, which are those that seek to deal with defendants who have taken steps towards the commission of an offence but who have not (yet) committed it. The two best-known examples are attempts and conspiracies. In attempts cases the defendant has gone beyond mere preparation and taken steps towards carrying out a complete crime. Conspiracy involves agreeing with others to commit an offence. The Serious Crime Act 2007 offences involve encouraging or assisting a person to commit an offence. With all of these inchoate offences the defendant has not him or herself performed the actus reus but is sufficiently close to doing so, or persuading others to do so, for the law to find it appropriate to punish them. The second part of the chapter shows that there is much debate about the justification for inchoate offences.
Criminal Law Directions
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Criminal Law Directions is written with an emphasis on explaining the key topics of Criminal Law courses with clarity. The book starts by offering an introduction to criminal law. It also looks at the issues of actus reus and mens rea. It goes on to consider topics such as strict, vicarious, and corporate liability; murder and voluntary manslaughter; involuntary manslaughter; non-fatal offences against the person; and sexual offences. It moves on to look at theft and other offences against property, including robbery, burglary, blackmail, handling, and criminal damage. Fraud and drugs offences are then examined and general and specific defences are explored. Finally the book considers inchoate offences and accessorial liability.
4. Strict, vicarious, and corporate liability
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the three special forms of criminal liability: strict liability (including absolute liability), vicarious liability, and corporate liability. A strict liability offence is an offence which does not require proof of at least one mens rea element. An absolute liability offence does not require proof of any mens rea elements. Vicarious liability imposes liability on the defendant for the acts or omissions of another person. Corporate liability relates to the liability of a company for a criminal offence.
6. Involuntary manslaughter
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the main types of involuntary manslaughter: unlawful act manslaughter, gross negligence manslaughter, and reckless manslaughter, as well as the offence of corporate manslaughter. Unlawful act manslaughter arises where the defendant intentionally commits an unlawful act which a reasonable person would recognise exposes the victim to the risk of some harm and the victim dies as a result. Gross negligence manslaughter arises where the defendant causes the death of the victim through the breach of a duty of care owed to that victim.
9. Theft
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the offence of theft. There are five elements of the offence of theft. Three are actus reus elements: appropriation; property; and belonging to another. There are two mens rea elements: dishonesty and intention to permanently deprive. The prosecution must prove all five elements in order for a conviction of theft to be successful. If one of the elements is missing, any prosecution for theft will fail.
10. Other offences against property
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores other offences against property such as robbery, burglary, aggravated burglary, blackmail, handling stolen goods, and criminal damage. The first four of these offences are found in the Theft Act 1968 and criminal damage is found in the Criminal Damage Act 1971. While these offences primarily seek to protect property or economic interests, some also provide protection to the well-being of the individual.
17. Study skills
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter offers some guidance as to how to study effectively and how to approach assessments and exams. It discusses how to manage your time effectively and how to get the most out of criminal law lectures and seminars/workshops. It covers how to deal with multiple choice questions and provides advice on writing assignments (answering problem questions and essay questions is considered separately). It also provides advice on how to prepare for and approach exams.
1. Introduction to company law
Authors: Dignam Alan , Lowry John
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter presents an overview of company law, first by considering the company’s place within the various forms of business organisation. To get some comparative perspective on the relative merits of each type of organisation, three criteria for judging them are discussed: whether the form of business organisation facilitates investment in the business, mitigates or minimises the risk involved in the business venture, and whether it provides a clear organisational structure. Using these criteria, three forms of business organisation are analysed: the sole trader, a partnership, or a registered company. The chapter also explains the importance of the memorandum as part of the company’s constitution, as well as the distinction between private companies and public companies. Finally, it outlines the benefits of forming a company as opposed to the sole trader or a partnership.
3. Lifting the veil
Authors: Dignam Alan , Lowry John
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses ‘lifting the veil’, a phrase that refers to situations where the judiciary or the legislature have decided that the separation of corporate personality from the members must not be maintained. In this case, the veil of incorporation is said to be lifted. ‘Lifting’ is also known as ‘peeping’, ‘penetrating’, ‘piercing’, or ‘parting’. The chapter presents statutory examples of veil lifting, many of which involve corporate group structures and others involve straightforward shareholder limitation of liability issues. It also considers cases of veil lifting by the courts as well as classical veil lifting during the periods of 1897 to 1966, 1966 to 1989, and 1989 to the present. Three cases are highlighted: Adams v Cape Industries (1990), Chandler v Cape Plc (2012), and Prest v Petrodel Industries Ltd (2013). The chapter also examines claims of tortious liability, the liability of a parent company for personal injury, and commercial tort. Finally, it looks at the costs and benefits of limited liability.
4. Promoters and pre-incorporation contracts
Authors: Dignam Alan , Lowry John
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on one area where the motives of ‘promoters’ (that is, those who form a company) are relevant to the legal aspects of certain activities carried out in the company’s name, especially when they enter into contracts for the company prior to its formal registration. After defining the term ‘promoter’, the chapter discusses the fiduciary duties of promoters and the range of remedies available to the company against a promoter who breaches his fiduciary duties. It then considers problems involving contracts entered into prior to incorporation and the common law position on such contracts. It also explains pre-incorporation contracts, deeds, and obligations under Section 51 of Companies Act 2006 before concluding with an analysis of the issue of corporate mobility in relation to the freedom of establishment.
5. Raising capital: equity and its consequences
Authors: Dignam Alan , Lowry John
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on raising equity from the general public and its consequences for the operation of the company. It begins by outlining the basics of raising equity before turning to the consequences of operating in a public market, with emphasis on areas such as takeovers and insider dealing. It then considers the distinction between public and private companies in terms of capital raising, how such companies are regulated, and how public companies differ from listed companies. It also discusses various methods of raising money from the public, the role of the Financial Conduct Authority and the London Stock Exchange in ensuring the proper functioning of the listed market in the UK, and the regulation of listed companies as well as takeovers and other public offers.
9. Classes of shares and variation of class rights
Authors: Dignam Alan , Lowry John
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on the rights and liabilities of a shareholder which are the incident of the general nature of a share, as well as his particular rights and liabilities by virtue of owning a particular type or class of share. It first considers the legal nature of a shareholding and the different types of share capital and typical class rights of a shareholder, as well as the statutory procedure required of a company before it can effect a variation of shareholders’ class rights. Examples of classes of shares are then given, and preferential rights attached to preference shares are discussed. The chapter concludes by looking at European Union initiatives on shareholders’ rights.
13. Corporate management
Authors: Dignam Alan , Lowry John
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with corporate management, focusing on those individuals who are responsible for making key strategic decisions within the company, namely the members of the board of directors. It begins by tracing the emergence of the professional managerial organ, with emphasis on the separation of ownership and control and the recognition of directorial autonomy. It then considers the relationship between directors and the general meeting, how directors are appointed, categories of directors, principle and policy governing directors’ remuneration, and the fiduciary nature of the office. The issues surrounding corporate governance are also examined, along with the approach of company law in the UK with regards to the structure and functions of the board of directors. Finally, the chapter discusses vacation, removal from office, and disqualification of directors as well as recent statutory reforms (the Small Business, Enterprise and Employment Act 2015) aimed at bolstering the disqualification regime.
14. Directors’ duties
Authors: Dignam Alan , Lowry John
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter is concerned with the duties which a director owes to the company, including duty to act within powers, duty to promote the company’s success, duty to exercise independent judgement, duty not to accept benefits from third parties, and duty to avoid conflicts of interest. After reviewing the general duties of directors under Part 10 of the Companies Act 2006, the chapter discusses the fiduciary position of directors, the remedies for breach of directors’ duties, and the liability of those who assist a director in the course of a breach of fiduciary duty. Finally, it considers three ways in which a director who is in breach of duty may be relieved from liability.
16. Corporate governance 2: the UK corporate governance debate
Authors: Dignam Alan , Lowry John
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the corporate governance debate in the UK in terms of industry and the government. After presenting the background to the UK debate, it considers UK corporate theory and the industry and government response to the corporate governance debate. It then examines the Sarbanes-Oxley Act that became law in the United States in July 2002; the UK Government’s independent review of non-executive directors (the Higgs Review); the link between corporate governance failure and the 2008 financial crisis; and it outlines a number of corporate governance reforms that have been adopted between 2009 and 2018 including the UK Government Corporate Governance Reform Green Paper Consultation 2017 and the 2018 UK Corporate Governance Code.
17. Corporate rescue and liquidations in outline
Authors: Dignam Alan , Lowry John
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.
3. Evidence obtained by illegal or unfair means
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses the circumstances in which relevant evidence can be excluded, as a matter of law or discretion, on the grounds that it was obtained illegally, improperly, or unfairly. The principles for exclusion of evidence are considered, and exclusion in both civil and criminal cases discussed. In respect of civil cases, discretionary exclusion under the civil procedure rules is discussed. In respect of criminal cases, discretionary exclusion at common law and under statute is discussed. The chapter also considers the circumstances in which criminal proceedings should be stayed as an abuse of the court’s process, where a trial would undermine public confidence in the criminal justice system and bring it into disrepute.
4. The burden and standard of proof
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses the rules governing which party bears the legal and evidential burdens on which facts in issue. These rules can determine the eventual outcome of proceedings; determine which party has the right to begin adducing evidence in court; in what circumstances a defendant, at the end of the case for the prosecution, or claimant, may make a successful submission of no case to answer; and how the trial judge should direct the jury. The chapter begins by defining and distinguishing the legal, evidential, and other burdens, and then considers in detail which burden is borne by each of the parties on the various facts in issue in any given case.
12. Hearsay admissible by statute in civil proceedings
Authors: Keane Adrian , McKeown Paul
Published: August 2018

Under the common law rule against hearsay, any assertion, other than one made by a person while giving oral evidence in the proceedings, was inadmissible if tendered as evidence of the facts asserted. The Civil Evidence Act 1968 constituted a major assault upon the common law rule in civil proceedings by making provisions for the admissibility of both oral and written hearsay subject to certain conditions. In June 1988 the Civil Justice Review recommended an inquiry by a law reform agency into the usefulness of the hearsay rule in civil proceedings and the machinery for rendering it admissible. The recommendations were put into effect by the Civil Evidence Act 1995. This chapter discusses the admissibility of hearsay under the Civil Evidence Act 1995; safeguards; proof of statements contained in documents; evidence formerly admissible at common law; and Ogden tables.
15. Adverse inferences from an accused’s silence or conduct
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses the adverse inferences that may be drawn against an accused, and why, from: his failure to testify; his failure, when questioned or charged, to mention facts which he could reasonably have been expected to have mentioned at that time and which he later relies on in his defence at trial; his failure or refusal, on arrest, to account for any object, substance or mark that the police reasonably believe may be attributable to his participation in the commission of an offence; his refusal to consent to the taking of an intimate sample, such as a sample of blood, semen, or urine; and his failure to provide advance disclosure of the defence case, the nature of his defence or the facts on which he takes issue with the prosecution.
17. Evidence of character: evidence of the good character of the accused
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses the circumstances in which, in criminal proceedings, evidence of the good character of the accused may be adduced because of its relevance either to a fact in issue or to his credibility. It addresses the following issues: Why should an accused be allowed to call evidence of his previous good character? Where an accused has previous convictions, in what circumstances might it be acceptable for a judge to tell a jury that they should consider the accused as a person of good character? Where an accused has no previous convictions, in what circumstances might it be acceptable for a judge to refuse to tell a jury that they should consider the accused as a person of good character?
19. Experts and opinion evidence
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses the law on experts and opinion evidence. As a general rule, opinion evidence is inadmissible: a witness may only speak of facts that he personally perceived, not of inferences drawn from those facts. However, there are two exceptions to this general rule: (i) an appropriately qualified expert may state his opinion on a matter calling for the expertise that he possesses; and (ii) a non-expert witness may state his opinion on a matter not calling for any particular expertise as a way of conveying the facts that he personally perceived. Experts may also give evidence of fact based on their expertise.
20. Public policy
Authors: Keane Adrian , McKeown Paul
Published: August 2018

The public interest in efficient and fair trials may be seen as underlying the rules of disclosure in civil litigation, whereby a litigant is obliged to make pre-trial disclosure of the documents on which he relies and the documents that adversely affect his own case or adversely affect, or support, another party’s case, even though such documents may not be admissible evidence at the trial. There is also a public interest in enabling material to be withheld where its production would harm the nation or the public service. Where these two kinds of public interest clash and the latter prevails over the former, relevant and otherwise admissible evidence is excluded at trial. Such material is said to be withheld by reason of ‘public interest immunity’. This chapter discusses the development of the modern law on public interest immunity; the scope of exclusion on grounds of public policy; and related procedural issues in civil and criminal cases.
21. Privilege
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses several well-established principles whereby relevant evidence is excluded because of extrinsic considerations which outweigh the value that the evidence would have at trial. Three types of privilege are considered: (i) the privilege against self-incrimination (including statutory withdrawal of the privilege, compatibility with Article 6 of the European Convention on Human Rights, the compulsory production of pre-existing documents and materials, and substituted protection); (ii) legal professional privilege, which enables a client to protect the confidentiality of (a) communications between him and his lawyer made for the purpose of obtaining and giving legal advice (known as ‘legal advice privilege’) and (b) communications between him or his lawyer and third parties for the dominant purpose of preparation for pending or contemplated litigation (known as ‘litigation privilege’); and (iii) ‘without prejudice’ privilege, which enables settlement negotiations to be conducted without fear of proposed concessions being used in evidence at trial as admissions.
1. Introduction to Employment Law
Authors: Cabrelli David
Published: August 2018

This chapter provides an overview of the fundamental goals of this text. It introduces readers to the running case study feature which is used throughout the text to explain concepts and rules of employment law. It then discusses key issues and themes in employment law. It considers whether labour law has a valid claim to be treated as a self-contained discipline and what distinguishes it from other branches of the law. It explores the role of this area of law and the arguments in favour of the introduction and preservation of such laws. It also addresses a central area of controversy, which is whether such laws stifle or stimulate economic growth.
3. The Employment Relationship and the Contract of Employment
Authors: Cabrelli David
Published: August 2018

This chapter analyses the various tests adopted by the courts and tribunals to distinguish between the contract of employment and the contract for services. It considers the history of employment, moving from a master and servant arrangement to the emergence of the ‘mutual’ or ‘reciprocal’ contract of employment. It considers the statutory concept of continuous employment, whereby an individual may be required under statute to establish a period of continuous employment on the basis of a contract of employment in order to avail him/herself of certain statutory employment protection rights. Finally, the chapter turns to the effect of an illegal contract of employment, whether it was illegal in its purpose or objective when it was formed, or expressly or implicitly prohibited by statute. There is also consideration of the illegal performance of a legal contract.
4. Alternative Personal Work Contracts and Relations
Authors: Cabrelli David
Published: August 2018

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.
5. The nature and content of the personal employment contract
Authors: Cabrelli David
Published: August 2018

This chapter examines the nature and content of the contract of employment. It explains how the contract of employment is primarily a repository for the rights and obligations of the employer and employee. It introduces the statutory duty of an employer to provide the employee with a statement of the main particulars of employment, and considers whether this statement is exhaustive of the terms and conditions of the contract of employment. In analysing the employment contract’s content, the chapter focuses on express terms, external documents incorporated into the contract of employment, imposed terms, and implied terms in fact.
6. The Implied Terms of the Personal Employment Contract
Authors: Cabrelli David
Published: August 2018

This chapter first discusses the role played by implied terms of the employment contract. It then turns to the implied terms which impose obligations on the employer. These include the duty to provide work, pay wages, exercise reasonable care for the physical and psychiatric well-being of the employee; the implied term of mutual trust and confidence; and the discretionary benefit implied term and anti-avoidance implied term. The final section covers the implied terms imposing duties on employees. These include the duty to work and obey instructions and orders; the duty to adapt, exercise care, and co-operate; the duty of mutual trust and confidence; and the duty of loyalty, fidelity, and confidence.
7. The Variation, Suspension, and Future of the Personal Employment Contract
Authors: Cabrelli David
Published: August 2018

This chapter first examines the common law rules regulating the variation of the terms of the contract of employment. It focuses on the situation where the employer seeks to unilaterally modify the terms of the employment contract, for instance in light of modern pressures on management to demand greater labour flexibility in order to adapt to changing market conditions. The chapter then moves on to address the ability of the employer to suspend the contract of employment, for instance where the employer suffers a downturn in demand for its products or services, or where an employee may be subject to disciplinary proceedings. Finally, it considers the future trajectory of the common law content of the personal contract of employment.
10. Introduction to Employment Equality Law
Authors: Cabrelli David
Published: August 2018

This chapter examines the pros and cons of interfering in the labour market via the promulgation of anti-discrimination laws. It evaluates the basic theoretical constructs which are relevant to a proper understanding of anti-discrimination law in the UK and the EU, including the possible policy responses (e.g. the distinction between formal equality and substantive equality). It briefly assesses the historical development of anti-discrimination laws in the workplace, and then analyses key statutory concepts such as direct discrimination, indirect discrimination, harassment, sexual harassment. Finally, the chapter considers victimization—an important issue since there is little purpose in statutory concepts if the employer can intimidate the employee from bringing or continuing proceedings on one of these bases by subjecting him/her to retaliation.
12. Disability discrimination
Authors: Cabrelli David
Published: August 2018

This chapter examines disability discrimination law under the Equality Act 2010. It focuses on disability discrimination, with disability being treated as a separate protected characteristic. The chapter first considers the historical context and the possible conceptual approaches to the protection of disabled workers. It then addresses the definition of ‘disability’ in section 6 of the Equality Act. This is followed by an analysis of the employer’s duty to make reasonable adjustments in the workplace to accommodate disabled workers. Next, the ‘discrimination arising from disability’ concepts are discussed. Finally, the chapter presents some comments and observations on the current state of disability discrimination law in general, taking into account the recent introduction of the Equality Act and European developments.
15. Wrongful Dismissal
Authors: Cabrelli David
Published: August 2018

This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.
16. Introduction to Unfair Dismissal and Substantive Fairness
Authors: Cabrelli David
Published: August 2018

This chapter begins with a contextual and historical introduction to unfair dismissal law, which seeks to regulate arrangements pursued by employers that result in the dismissal of their employees. It covers the efficiency of unfair dismissal laws; the structure, nature, content, and shape of unfair dismissal laws; and the rationale for the introduction of the unfair dismissal laws in the UK. It then examines the statutory unfair dismissal regime contained in Part X of the Employment Rights Act 1996, and the meaning of the ‘substantive fairness’ of the dismissal. In the final section, the chapter considers the response of the courts and tribunals to the provisions on substantive fairness of dismissals.
17. Procedural Fairness and Remedies
Authors: Cabrelli David
Published: August 2018

This chapter first examines the various conceptions of procedural fairness. It then underscores the diversity and adaptability of the standards of procedural fairness, detailing the extent to which procedural safeguards have been weakened by the Employment Act 2008. It charts the approach of the tribunals and courts to the standards of procedural fairness and analyses the stages of a procedurally fair process. Finally, the chapter probes the remedies available in the case of a successful unfair dismissal, including the calculation of the basic award, the measure of compensation payable in the case of the compensatory award, and the orders of reinstatement and re-engagement. The chapter concludes with an overall assessment of the efficacy of the statutory unfair dismissal regime.
18. Redundancy
Authors: Cabrelli David
Published: August 2018

This chapter examines the statutory regulation of redundancy, together with the extent to which a statutory redundancy payment offers sufficient compensation for the loss of the employee’s job, and the financial and emotional disruption caused by the need to search for other employment. It considers other protections available to the employee who is about to be, or has been, made redundant. It then assesses the evolution of the present statutory regime and whether it strikes an appropriate balance between the personal financial costs and adverse social costs shouldered by UK taxpayers and the economy on the one hand, and the costs to the productive economy and the labour market on the other. The alternatives to redundancy are also addressed.
Online Resources Chapter A: Information, consultation, participation, and insolvency
Authors: Cabrelli David
Published: August 2018

This chapter evaluates the degree to which employment law facilitates worker participation in corporate decision-making and confers rights upon workers to be informed and consulted about developments in their employer’s business and strategic operations, at both cross-border and national levels. The chapter presents arguments advanced in favour of worker participation, before going on to note how the scope of application of workers’ rights of participation, information, and consultation has expanded over the years—partially in response to the decline in collective bargaining and the power of the trade unions in the UK over the past 40 years or so. Finally, the rights of employees where their employer becomes insolvent or enters into an ...
Online Resources Chapter B: Introduction to trade unions, status, listing, and independence, and members’ rights and protection
Authors: Cabrelli David
Published: August 2018

The function, constitution, status, listing, and independence of trade unions are explored in this chapter. Moreover, the freedom of collective association and the role of trade unions in workplace representation are analysed. The chapter moves on to an exploration of the rights of members vis-à-vis their unions and the protection of trade union members in employment....
Online Resources Chapter C: Recognition of trade unions, collective bargaining, and industrial democracy
Authors: Cabrelli David
Published: August 2018

The examination of the statutory machinery for the recognition of trade unions are explored in this chapter. The purpose of recognition and the rights of recognized trade unions are elaborated upon, before the chapter goes on to look at the role and effectiveness of collective bargaining within an industrial democratic framework. Finally, the status of collective agreements is considered....
Online Resources Chapter D: Industrial action and statutory immunities
Authors: Cabrelli David
Published: August 2018

This chapter examines the law of trade disputes and industrial action in the UK, i.e. the law which regulates action taken by members of a trade union which imposes restrictions upon employers when collective relations between the employer and the workforce have broken down. The position is analysed in the context of the legality of industrial action in European law and under the European Convention on Human Rights....
1. The Institutions of Employment Law
Authors: Emir Astra
Published: August 2018

This chapter explains the organisation and functions of the following institutions of employment law: the Advisory, Conciliation and Arbitration Service (ACAS); the Certification Office; the Central Arbitration Committee (CAC); the Employment Tribunal and Employment Appeal Tribunal; industrial training boards; the Equality and Human Rights Commission; the Health and Safety Executive; the Health and Work Advisory and Assessment Service; the Low Pay Commission; and the Supreme Court. It also discusses the impact of the EU on UK employment law and the implications of the Human Rights Act 1998 for employment law, and mentions the effect of the European Union (Withdrawal) Bill.
2. The Nature of a Contract of Employment
Authors: Emir Astra
Published: August 2018

This chapter discusses the parties to a contract of employment, the distinction between employees and self-employed persons and other categories of parties to a contract of employment, looking at the different types of employment status and the tests used to decide which category a person falls into. It includes the status of directors, partners, office holders, ministers of religion and the police, as well as apprentices, posted workers, domestic servants and those working abroad and in offshore employment. It also has a discussion of whether people working in the gig economy are workers or employees. Further, the chapter looks at those on fixed term contracts and agency workers.
3. The Formation of a Contract of Employment
Authors: Emir Astra
Published: August 2018

This chapter discusses how an employment contract is formed, and it then looks at the terms and conditions of employment and how these terms are to be interpreted. The types of terms discussed include express terms, implied terms, statutory terms, collective agreements and how such collective terms are incorporated, and looks at custom as a source of employment terms and works and staff rules. The chapter also considers other aspects of the contract of employment such as disciplinary and grievance procedures, job descriptions, written particulars of the contract of employment, the right to itemised pay statements, variation of contractual terms, and occupational pension schemes.
5. Equal Pay
Authors: Emir Astra
Published: August 2018

This chapter considers those provisions of the Equality Act 2010 that deal with equal pay. These include equality of terms and the sex equality clause (s 66); equal work (s 65), ie like work, work rated as equivalent and work of equal value; the defence of material factor (s 69); sex discrimination in relation to contractual pay (s 71); the maternity equality clause (s 73); discussions about pay (s 77); and gender pay gap reporting (s 78). Also covered are rules on jurisdiction (s 127); burden of proof (s 136); time limits (s 129); remedies (s 132); death of a claimant; and backdating awards.
6. Family Friendly Rights
Authors: Emir Astra
Published: August 2018

This chapter considers various family-friendly rights designed to assist employees with parental and childcare responsibilities. These are rights such as maternity leave, including ordinary and additional maternity leave, shared parental leave, ordinary and additional adoption leave, keeping in touch days, parental leave, paternity leave, caring for dependants, and applications for flexible working. The chapter also considers which of these types of leave are paid, and if so, how much. A number of these statutory rights and relevant statutory provisions are based on the implementation of a number of EU Directives, and to that extent EU jurisprudence must be considered where appropriate.
7. Employment Protection
Authors: Emir Astra
Published: August 2018

This chapter considers miscellaneous legal rights given to employees in the Employment Rights Act 1996 and other legislation. These are minimum standards which can be exceeded by agreement or negotiation, but they cannot be denied to an employee. The discussions cover guarantee payments (ERA, ss 28–35); suspension on medical grounds (ERA, ss 64–65) and time off work for various reasons, such as for public duties, study, or training, and for occupational pension scheme trustees. It also covers statutory sick pay; and the scheme surrounding the Working Time Regulations 1998, employment law, and looks at the provisions of the regulations and their enforcement.
9. Transfer of Undertakings
Authors: Emir Astra
Published: August 2018

This chapter considers the transfer of undertakings. It looks at the background and at the legislation, including the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014. It discusses what counts as a transfer of a business or undertaking, considering service provision changes and transfers within the public administration. Also covered are the mechanics and effects of the transfer, including statutory rights and the effect on the contract of employment; dismissal on transfers and ETO reasons; refusing a transfer; employee liability information; and remedy for failure to notify employee liability information. It also looks at the effect of transfers on collective agreements.
10. Performance of the Contract of Employment
Authors: Emir Astra
Published: August 2018

This chapter begins with a discussion of the personal nature of the employment contract, and the fact that such a contract is necessarily one of personal service which gives rise to duties and obligations on both sides. It deals with issues such as the implied duties of the employer to provide for the employee (including the implied duty to provide work, pay wages, confidentiality, and the implied duty of trust and confidence), and the corresponding implied obligations of the employee (including the duty of faithful service, duty to use skill and care). There is also a discussion of whistleblowing and public interest disclosures. It then explains; employer’s vicarious liability; and statutory provisions relating to harassment.
11. Health and Safety at Work
Authors: Emir Astra
Published: August 2018

This chapter considers the provisions of the Health and Safety at Work, etc Act 1974. It covers the background to the HSWA, covering both the criminal and civil liablity for health and safety. It considers the powers of inspectors, enforcement of the Act, improvement notices and prohibition notices, the burden of proof and appeals; statutory duties on health, safety, and welfare; the impact of European law; burden of proof; the Corporate Manslaughter and Corporate Homicide Act 2007; and compensation for injuries at work. It also looks at a number of health and safety regulations, and in particular the ‘six pack’. Also looked at is the extent of the employer’s duty, and its duty to unborn children, and the limitation period for bringing an action.
12. Disciplinary, Dismissal, and Grievance Procedures
Authors: Emir Astra
Published: August 2018

During the performance of the employment contract the employer may find it necessary to exercise some form of disciplinary authority over the employee, which may take one of a number of forms, ranging from informal warnings, etc, through to final warning or dismissal. There will also be occasions when the employee will wish to pursue a grievance over the way he is treated, and a suitable grievance procedure is the obvious channel to be used. This chapter discusses disciplinary procedures and grievance procedures, how to draw up such procedures and the conduct of disciplinary hearings; the right to be accompanied; disciplinary rules; and the exercise of disciplinary powers such as suspension, warnings and other sanctions.
14. Normal Working Hours and a Week’s Pay
Authors: Emir Astra
Published: August 2018

In order to quantify the amount of money payable to an employee in respect of the violation of certain specific statutory rights, it is necessary to ascertain the employee’s weekly pay, which is done by reference to the employee’s ‘normal working hours’. This chapter considers provisions of the Employment Rights Act s 221-229 which set out what a week’s pay is, as well as the precise formulae for determining how a week’s pay is to be calculated and what to take into account, and, in certain specific cases lists the situations in which there is a statutory cap on that amount.
15. Rights in Notice
Authors: Emir Astra
Published: August 2018

One of the features which distinguish a contract of employment from other contractual situations is that a contract of employment is one of continuous obligation, with, generally speaking, no specified time for its ending. If either the employer or employee wishes to terminate the contract, notice of such termination must be given. This chapter explores the rights and duties of both the parties to give and receive lawful notice in the event of a termination, i.e. if there is a dismissal or resignation. It also considers the taxation of payments, pay in lieu of notice, rights during the notice period, ‘garden leave’, notice pay on insolvency and time limits.
21. Individual Trade Union Rights
Authors: Emir Astra
Published: August 2018

This chapter considers the rights of an individual in respect of his trade union membership and/or non-membership and remedies for breach of those right. These rights exist vis-à-vis a trade union or against an actual or potential employer. They include the right not to be excluded from a union; not to be unjustifiably disciplined; right to resign; not to be expelled; to have a ballot before industrial action; and time off work for trade union duties. The relevant statutory provisions are contained in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A), which has been amended by subsequent legislation, and reference will also be made to a number of legal decisions.
22. The Law Relating to Trade Unions
Authors: Emir Astra
Published: August 2018

This chapter focuses on the law as it affects the running of a trade union. All the relevant law is consolidated by the Trade Union and Labour Relations (Consolidation) Act 1992, as amended. The discussions cover the definition of a trade union, their listing, and certification; the rules of a trade union including disciplinary action and conduct of union affairs; the executive committee, election of candidates to the executive committee; rules for accounts, records, etc; the requirements before a trade union can have a political fund and pursue political objects; breach of union rules; amalgamation and transfers; and employers’ associations.
23. Law Relating to Industrial Relations
Authors: Emir Astra
Published: August 2018

This chapter begins with a discussion of trade union recognition, covering voluntary recognition, statutory recognition, and employers’ training policies. It then turns to collective bargaining; statutory protections, including the definitions of ‘trade dispute’, ‘in contemplation of’, and ‘in furtherance of’ industrial action; strikes; statutory protection and loss of immunities; limits to the amount of damages which may be awarded if a trade union is sued successfully in tort; injunctions and interdicts; legal effect of collective agreements; peaceful picketing; and the European Works Councils, including time off work and protection from detriment and dismissal. It also considers the issue of union recognition.