Preview: Labour Law Review 2000

LABOUR LAW REVIEW 2000

BY REBECCA TUCK AND JEREMY McMULLEN QC

Rebecca Tuck is a barrister specialising in employment and personal injury law at Old Square Chambers in London and Bristol.

She has recently been involved in a number of high value discrimination cases.

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 practises at Old Square Chambers, is a part-time chairman of Employment Tribunals and a Recorder, and joint author of Employment Tribunal Procedure (LAG).

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 80 8 September 2000 published by the Institute of Employment Rights 177 Abbeville Road London SW4 9RL 020 7498 6919 e-mail ier@gn.apc.org www.ier.org.uk printed by Upstream (TU) 020 7207 1560 ÂŁ3 for trade unions and students ÂŁ10 others THE

INSTITUTE OF

EMPLOYMENT RIGHTS

labour law review 2000

executive summary

by Rebecca Tuck and Jeremy McMullen QC

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contents

introduction collective bargaining family friendly policies part-time workers working time employees and workers references trust and confidence restrictive covenants appeal procedures unfair dismissal constructive dismissal transfers unlawful discrimination

labour law review 2000

age gender employers’ liability for discrimination sexual orientation race victimisation disability

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pregancy and maternity rights compensation equal pay and pensions health and safety employment tribunals endnotes recent Institute publications

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labour law review 2000

introduction The end of the second millennium brought the Employment Relations Act 1999, the last major piece of employment legislation to be introduced before the next election. There have though been numerous fresh legislative measures for union officers and advisers to get to grips with – not least of which have concerned the implementation of the 1999 Employment Relations Act. In this Review we aim to set out some of the more important developments in labour law and procedure which have occurred in the twelve months since the 1999 TUC Congress at Brighton.

The right to claim statutory recognition for collective bargaining over pay, holidays and hours came into effect on 6 June 2000 and several claims have been made. The appointment of Mr Justice Burton as the Chairman of the Central Arbitration Committee, together with a number of practising and academic lawyers as deputies, inevitably means the cases will be dealt with in a highly legalistic setting. At the centre of the enforcement measures is the imposition of a legally binding method for conducting collective bargaining, as specified in a Code of Practice. Ultimately, though, and in spite of the right to claim specific performance of the method, there is no way of requiring an employer to pay more, or for employees to demand less hours or more holidays. Enforcement is of the form not the substance of collective bargaining.

A parallel Code deals with the right of a trade union seeking recog-

introduction

collective bargaining

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