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Employment Law introduces the issues involved in the regulation of employees and their relations with their employers. It explains the framework governing employment contracts, dismissal procedures and redundancy payments. The book also covers TUPE, discrimination law and family-friendly legislation, as well as practice and procedure. The book has been comprehensively updated to take account of all the main recent and proposed developments in employment law and practice, including the recent guidance issued by the Equality and Human Rights Commission on the use of non-disclosure agreements to settle employment claims, and an updated summary of the key cases on annual leave, including the Court of Appeal’s decisions in The Harpur Trust v Brazel and Flowers v East of England Ambulance Trust.
A number of key European court cases are considered, including two ECtHR decisions looking at the privacy in the workplace (Garamukanwa v UK and López Ribalda v Spain) and the ECJ decision in Federación de Servicios de Comisiones Obreras v Deutsche Bank (keeping records of time worked). The first Supreme Court decision in almost 100 years to consider post-employment restrictive covenants, Tillman v Egon Zehnder, is included, along with a number of important Court of Appeal judgments, including Network Rail v Crawford (daily rest periods), Hare Wines v Kaur (automatically unfair dismissal and TUPE), Okedina v Chikale (impact of illegal contacts in an unfair dismissal situation), Owen v AMEC Foster Wheeler Energy (disability discrimination and comparators) and Foreign and Commonwealth Office v Bamieh (territorial jurisdiction in a whistleblowing claim).
The case law on unfair dismissal and reasonableness has been updated to include the Court of Appeal decisions in North West Anglia NHS Foundation Trust v Gregg (suspension and disciplinary proceedings) and London Borough of Lambeth v Agoreyo (suspension and mutual trust and confidence), and the EAT decisions in Radia v Jefferies International (investigations and appeals) and Phoenix House v Stockman (No 2) (making covert recordings at work). Three recent cases considering what amounts to a religious or philosophical belief under the Equality Act 2010 are included (Mackereth v Department for Work and Pensions, Conisbee v Crossley Farms and Gray v Mulberry Company), as are a number of significant EAT rulings, including Dray Simpson v Cantor Fitzgerald (a masterclass on whistleblowing) and Ameyaw v PwC (online publication of employment tribunal judgments).
The book is up to date as at 1 October 2019, although account has been taken of some later developments as at 20 November 2019.