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This book provides employment law students with a clear guide to this increasingly complex area of English law. The effect of the overlay of common law, statute, statutory instruments and EC law is considered, as are the institutions for resolving industrial disputes. Emphasis is placed on those substantive and procedural topics usually encountered on traditional employment, labour or industrial relations law courses. Express and implied terms, unfair dismissal and discrimination, for example, are covered. Within those areas, important cases are selected to illustrate the law and relevant judgments are excerpted.
The law is placed in the context of industrial relations theory, collective bargaining and current government policy. Defects in the present law and proposed reforms are discussed. The substantial changes brought about by Parliament, in particular, with the Employment Relations Act 1999, are considered, as are developments in the case law such as Barry, Nagarajan and Zafar. The text has been brought fully up to date and there is full coverage of the Employment Rights Act 1996 and the Industrial Tribunals Act 1996.;The user-friendly layout guides the reader through the intricacies of the subject.
The opening chapters place the discussion within an industrial relations framework and detail institutions particular to employment law. An account of the contract of employment follows, with emphasis on its possible autonomy from general contract law. Common law and statutory restrictions on the sanctity of contract and managerial prerogative such as the restraint of trade doctrine, dismissal law and discrimination law are considered. There are separate sections on difficult aspects, for example, continuity and the Transfer Regulations. The final part deals with collective labour law: trade unions, their members and industrial conflict.