Preview: Labour Law Review 1999

LABOUR LAW REVIEW 1999

BY JENNIFER EADY AND JEREMY McMULLEN QC

Both writers practise as barristers in England, Wales and Northern Ireland from chambers in London and Bristol and are members of the IER. Jeremy McMullen also practises in Manchester chambers. They are joint authors of the Legal Action Group’s (LAG) Employment Tribunal Procedure.

Jeremy McMullen QC was an elected official of the GMB. He is vice president of the Industrial Law Society and the Employment Law Bar Association, and chair of the Society of Labour Lawyers Employment Group. He is a part-time chairman of Employment Tribunals and an Assistant Recorder.

Jennifer Eady is chair of the Industrial Law Society. She is standing junior counsel to the NUM and the NUJ, and is a Treasury junior counsel.

This publication, like all publications of the Institute, represents not the collective views of the Institute but only the views of the authors. The responsibility of the Institute is limited to approving its publication as worthy of consideration within the labour movement.

ISBN 1 873271 71 9 September 1999 published by the Institute of Employment Rights 177 Abbeville Road London SW4 9RL 0171 498 6919 e-mail ier@gn.apc.org www.ier.org.uk printed by Upstream (TU) 0171 207 1560 £3 for trade unions and students £10 others THE

INSTITUTE OF

EMPLOYMENT RIGHTS

labour law review 1999

executive summary

by Jennifer Eady and Jeremy McMullen QC

i

contents introduction

1

rights of trade union members

1

employment rights

3

working time contracts of employment continuous employment trust and confidence

unfair dismissal location of work constructive dismissal criminal offences compensation

labour law review 1999

9 10 10 11 11

redundancy

12

transfers

13

unlawful discrimination

15

who can sue? defining discrimination disability discrimination age discrimination gender reassignment trade unions and discrimination claims compensation

iiii

3 4 6 8

16 17 19 21 22 22 22

pregnancy and maternity rights

23

equal pay and pensions

25

pensions

26

health and safety

27

employment tribunals

28

endnotes

32

recent Institute publications

34

labour law review 1999

introduction Eclipsing all statutory measures and court decisions this year is the passing on 27 July of the Employment Relations Act 1999. The appearance of a statutory right to trade union recognition, not sighted for almost 20 years, which we eagerly awaited at the time of writing the 1998 Review, is now not likely to occur until 2000.

But in advance, the climate of employment relations is bound to change: some employers will face the inevitable, others have begun already to plan how to avoid union recognition by legal moves and personnel practices.

In this Review we aim to set out some of the more important developments in law and procedure relating to the enforcement of employment rights in the UK and Europe.

rights of trade union members The big news is, of course, the new rights for trade unionists heralded by the Employment Relations Act 1999. The Act was given

rights of trade union members

The introduction of statutory rights is certain to affect the outlook of the courts and tribunals to such issues as representation and workplace justice, outside the sphere of legal enforcement of the recognition procedures. The climate is bound to change in favour of a warmer more employee-centred approach to judgments and the exercise of discretion. And more workers are to be brought under the umbrella of protection, by measures to extend rights to those vulnerable working people who are without formal contracts.

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WHAT IS THE INSTITUTE? The Institute of Employment Rights was launched on 28th February 1989. As a labour law “think tank”, supported by the trade union movement its purpose is to provide research, ideas and detailed argument. In 1994 the Institute was granted charitable status.

The Institute has attracted wide and distinguished support. Among the membership are John Hendy QC, Professor Keith Ewing, Lord McCarthy and the general secretaries of Britain’s largest trade unions.

The results of the work of the Institute are published in papers and booklets. It also provides short articles, free of legal jargon, for trade union journals and other publications.

The Institute provides tools of analysis and debate for the trade union movement in the area of labour law.

We are not a campaigning organisation.

The Institute does not assume that legal measures can offer ultimate solutions for political, economic and social problems. However, it recognises that law has a part to play in influencing the employment relationship, both individually and collectively.

Funding is from various sources, including subscriptions which entitle subscribers to a copy of all our new publications.

If you are interested in subscribing or would like to know more about the Institute, then contact us at 177 Abbeville Road, London SW4 9RL, 0171 498 6919.

£3 TRADE UNIONS AND STUDENTS £10 OTHERS