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Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act 1986. It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many List of islands of the United Kingdom, smaller islands within the British Isles. Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Employment
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for the supply of services, the expression altered to imply the dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can vote for the directors of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Temporary And Agency Workers (Equal Treatment) Bill
The Agency Workers Regulations 2010SI 2010/93 are a statutory instrument forming part of United Kingdom labour law. They aim to combat discrimination against people who work for employment agencies, by stating that agency workers should be no less favourably treated in pay and working time than their full-time counterparts who undertake the same work. It gives effect in UK law to the European Union's Temporary and Agency Workers Directive. Background The AWD 2010 was the culmination of a succession of attempts to get rights for agency workers. A previous proposal, the Temporary and Agency Workers (Equal Treatment) Bill 2008, was introduced in the British parliament, designed to secure equal pay and terms for working time between vulnerable agency workers and their permanent staff counterparts. It has now been superseded (though is in all material respects identical) by the Temporary and Agency Workers Directive2008/104/EC) which the UK was required to implement by December 201 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Agency Worker Law
United Kingdom agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency workers in the UK, and probably over 17,000 agencies. As a result of judge made law and absence of statutory protection, agency workers have more flexible pay and working conditions than permanent staff covered under the Employment Rights Act 1996. For most of the 20th century, employment agencies were quasi-legal entities in international law. The International Labour Organization in many Conventions called on member states to abolish them. However, the UK never signed up. The major piece of legislation which regulates agency practices is the Employment Agencies Act 1973, though it was slimmed considerably by the Deregulation and Contracting Out Act 1994. This abolished licences, so agencies operate without governmental oversight, except f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cairns V Visteon UK Ltd
''Cairns v Visteon UK Ltd'' (2006) is a United Kingdom labour law case, regarding the scope of protection available to agency workers.* Facts An assistant manager of 7 years with Visteon UK Ltd, Ms Cairns became an agency worker for the four most recent years through an agency named ‘MSX’. She was dismissed for allegedly falsifying her time sheets. The agency did investigations and cleared her, but Ms Cairns was not allowed back to work. The agency gave her pay in lieu of notice and redundancy. But she wanted compensation for unfair dismissal and brought a claim to the tribunal. Judgment Judge Peter Clark held that Ms Cairns was not an "employee" under ERA 1996 s 230, and therefore could not bring an unfair dismissal claim. Doubting dicta in '' Dacas v Brook Street Bureau (UK) Ltd'' by Sedley LJ he insisted there was different policy behind ERA 1996 Part 10 to that of tort law, and there was "no good policy reason for extending that protection to a second parallel employe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray V Foyle Meats Ltd
''Murray v Foyle Meats Ltd'' 999UKHL 30is a UK labour law case, concerning redundancy in English law">redundancy, specifically the interpretation of the Employment Rights Act 1996. Facts Foyle Meats Ltd's slaughtering business was declining. The company eliminated one production line in the slaughter hall, and 35 meat plant operatives were made redundant from the slaughter hall. The employees all had flexibility clauses, and they sometimes rotated departments to the boning or loading hall, etc. The dismissed employees claimed they were not redundant because the employer still needed workers under the same terms, just in different departments. Judgment Lord Irvine LC held that the operatives were redundant and that "the language of the mployment Rights Act 1996 section 139(1)(b)is in my view simplicity itself". He referred to '' Nelson v BBC''977 Year 977 ( CMLXXVII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Stephenson (judge)
Sir John Frederick Eustace Stephenson (28 March 1910 – 1 November 1998) was an English barrister and judge, a Lord Justice of Appeal from 1971 until his retirement in 1985 and a member of the Privy Council. As a Judge of the Court of Appeal he was known as Lord Justice Stephenson. Early life The second son of Sir Guy Stephenson CB, by his marriage to Gwendolen Talbot, a daughter of John Gilbert Talbot PC MP, Stephenson was a grandson of Sir Augustus Frederick William Keppel Stephenson (1827–1904) a Treasury Solicitor and Director of Public Prosecutions. He had two sisters, Margaret Eglantine (born 1907) and Jane (1914) and three brothers, Augustus (1909), Paul (1913) and H. J. Stephenson (1921–1943). He was educated at West Downs, Winchester College and New College, Oxford, holding scholarships at both. He took a first in Honours Moderations in 1930 and another in Literae Humaniores in 1932, graduating BA in 1932.'STEPHENSON, Rt Hon. Sir John (Frederick Eustace)', in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nethermere (St Neots) Ltd V Gardiner
''Nethermere (St Neots) Ltd v Gardiner And Another'' 984ICR 612 is a UK labour law case in the Court of Appeal in the field of home work and vulnerable workers. Many labour and employment rights, such as unfair dismissal, in Britain depend on one's status as an "employee" rather than being "self-employed", or some other "worker". This case stands for the proposition that where "mutuality of obligation" between employers and casual or temporary workers exists to offer work and accept it, the court will find that the applicant has a "contract of employment" and is therefore an employee. This case is also notable in that it was one of former UK Prime Minister Tony Blair's last cases conducted as a barrister. He acted for the employers. He appeared in the Employment Appeal Tribunal on behalf of the employer but his arguments to deny the workers' unfair dismissal rights were emphatically rejected in the judgment. The employers also lost in the Court of Appeal. Facts The applicants ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits (such as holiday, health care, and retirement), improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting the integrity of their trade through the increased bargaining power wielded by solidarity among workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The delegate staff of the trade union representation in the workforce are usually made up of workplace volunteers who are often appointed by members in democratic elections. The trade union, through an elected leadership and bargaining committ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir John Donaldson MR
John Francis Donaldson, Baron Donaldson of Lymington, (6 October 1920 – 31 August 2005) was a senior British judge who served as Master of the Rolls for ten years, from 1982 to 1992. He is best known in some circles for his role as presiding judge in the infamous Guildford Four miscarriage of justice. Early and private life He was born at 6 King Street, St Marylebone, London, the son of Malcolm Donaldson (1884-1973), consultant gynaecologist, and his first wife, Evelyn Helen Marguerite, née Gilroy. His father was a Harley Street-based gynaecologist. Donaldson attended first Charterhouse and then Trinity College, Cambridge. He served as chairman of the Federation of University Conservative and Unionist Associations, and harboured ambitions of representing the Conservative Party as a Member of Parliament . He was an Independent Ratepayers Councillor for the County Borough of Croydon from 1949 to 1953. After graduating with a lower second class degree in 1941, he joined th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carmichael V National Power Plc
''Carmichael v National Power plc'' 999UKHL 47is a British labour law case on the contract of employment for the purpose of the Employment Rights Act 1996. Facts Tour guides had complained that they hadn't received written statement of the employment contracts under s.1 of the Employment Rights Act 1996. They worked at Blyth Power Stations in Northumberland, for the Central Electricity Generating Board. Their hiring contracts said ‘I am pleased to note that you are agreeable to be employed by the C.E.G.B. at Blyth ‘A’ and ‘B’ power stations on a casual as required basis as a station guide.’ Judgment The House of Lords decided that they were not employees for the purpose of s 1, because there was not sufficient 'mutuality of obligation' when the guides were not actually guiding. Lord Irvine of Lairg said that there would not have been an ‘irreducible minimum of mutuality of obligation necessary to create a contract of service’ (relying on '' Nethermere'') betwee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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