Blackstone s Statutes on. Employment Law. 21st edition. edited by. Richard Kidner MA, BCL. Emeritus Professor of Law, Aberystwyth University

Transcription

1 Blackstone s Statutes on Employment Law st edition edited by Richard Kidner MA, BCL Emeritus Professor of Law, Aberystwyth University 1 00-Kidner-Prelims.indd iii 7/1/ :10:38 AM

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3 Contents Editor s preface New to this edition Useful websites xi xii xiii Part I Statutes of the UK Parliament 1 Trade Union and Labour Relations (Consolidation) Act Employment Rights Act Employment Tribunals Act National Minimum Wage Act Employment Relations Act Employment Act Equality Act Equality Act Part II Statutory Instruments 299 The Employment Tribunals Extension of Jurisdiction (England and Wales) Order The Employment Protection (Continuity of Employment) Regulations The Working Time Regulations The Maternity and Parental Leave etc. Regulations The Public Interest Disclosure (Compensation) Regulations The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations The Trade Union Recognition (Method of Collective Bargaining) Order The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations The Flexible Working (Eligibility, Complaints and Remedies) Regulations The Paternity and Adoption Leave Regulations The ACAS Arbitration Scheme (Great Britain) Order The Information and Consultation of Employees Regulations The Transfer of Undertakings (Protection of Employment) Regulations The Agency Workers Regulations The Employment Relations Act 1999 (Blacklists) Regulations The Equality Act 2010 (Disability) Regulations Part III Non-Statutory Materials 406 ACAS Code of Practice 1 Disciplinary and Grievance Procedures (Revised 2009) 406 ACAS Code of Practice 2 Disclosure of Information to Trade Unions for Collective Bargaining Purposes (Revised 1997) 410

4 vi Contents Department of Employment Code of Practice on Picketing (Revised 1992) 412 Equality Act 2010 Statutory Code of Practice on Equal Pay (Issued 2011) 415 Equality Act 2010 Statutory Code of Practice on Employment (Issued 2011) 417 Part IV European Union Materials 428 Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union 428 Charter of Fundamental Rights of the European Union 432 Council Regulation No. 1612/68 on Freedom of Movement for Workers within the Community 433 Council Directive No. 97/81 concerning the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC 435 Council Directive No. 98/59 on the approximation of the laws of the Member States relating to collective redundancies 437 Council Directive No. 99/70 concerning the framework agreement on fixed-term work 439 Council Directive No. 2000/43 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin 441 Council Directive No. 2000/78 establishing a general framework for equal treatment in employment and occupation 443 Council Directive No. 2001/23 on the approximation of the laws of the Member States relating to the safeguarding of employees rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses 446 Council Directive No. 2003/88 concerning certain aspects of the organisation of working time 450 Council Directive No. 2006/54 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) 455 Part V International Obligations 460 European Convention for the Protection of Human Rights and Fundamental Freedoms 460 European Social Charter (Revised 1996) 461 International Labour Organisation Convention (No. 87) concerning Freedom of Association and Protection of the Right to Organise 464 International Labour Organisation Convention (No. 98) concerning the Application of the Principles of the Right to Organise and to Bargain Collectively 465 Index 467

5 Alphabetical contents A C ACAS Arbitration Scheme (Great Britain) Order ACAS Code of Practice 1 Disciplinary and Grievance Procedures (Revised 2009) ACAS Code of Practice 2 Disclosure of Information to Trade Unions for Collective Bargaining Purposes (Revised 1997) Agency Workers Regulations Charter of Fundamental Rights of the European Union Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union Council Directive No. 97/81 concerning the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC Council Directive No. 98/59 on the approximation of the laws of the Member States relating to collective redundancies Council Directive No. 99/70 concerning the framework agreement on fixed-term work Council Directive No. 2000/43 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin Council Directive No. 2000/78 establishing a general framework for equal treatment in employment and occupation Council Directive No. 2001/23 on the approximation of the laws of the Member States relating to the safeguarding of employees rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses Council Directive No. 2003/88 concerning certain aspects of the organisation of working time Council Directive No. 2006/54 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) Council Regulation No. 1612/68 on Freedom of Movement for Workers within the Community D Department of Employment Code of Practice on Picketing (Revised 1992) E Employment Act Employment Protection (Continuity of Employment) Regulations Employment Relations Act Employment Relations Act 1999 (Blacklists) Regulations Employment Rights Act Employment Tribunals Act Employment Tribunals Extension of Jurisdiction (England and Wales) Order Equality Act Equality Act Equality Act 2010 (Disability) Regulations Equality Act 2010 Statutory Code of Practice on Employment (Issued 2011) Equality Act 2010 Statutory Code of Practice on Equal Pay (Issued 2011) European Convention for the Protection of Human Rights and Fundamental Freedoms European Social Charter (Revised 1996) F Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations Flexible Working (Eligibility, Complaints and Remedies) Regulations I Information and Consultation of Employees Regulations International Labour Organisation Convention (No. 87) concerning Freedom of Association and Protection of the Right to Organise International Labour Organisation Convention (No. 98) concerning the Application of the Principles of the Right to Organise and to Bargain Collectively M Maternity and Parental Leave etc. Regulations

6 viii Alphabetical contents N National Minimum Wage Act P Part-Time Workers (Prevention of Less Favourable Treatment) Regulations Paternity and Adoption Leave Regulations Public Interest Disclosure (Compensation) Regulations T Trade Union and Labour Relations (Consolidation) Act Trade Union Recognition (Method of Collective Bargaining) Order Transfer of Undertakings (Protection of Employment) Regulations W Working Time Regulations

7 Chronological contents International Labour Organisation Convention (No. 87) concerning Freedom of Association and Protection of the Right to Organise International Labour Organisation Convention (No. 98) concerning the Application of the Principles of the Right to Organise and to Bargain Collectively European Convention for the Protection of Human Rights and Fundamental Freedoms Council Regulation No. 1612/68 on Freedom of Movement for Workers within the Community Department of Employment Code of Practice on Picketing (Revised 1992) Trade Union and Labour Relations (Consolidation) Act Employment Tribunals Extension of Jurisdiction (England and Wales) Order Employment Protection (Continuity of Employment) Regulations Employment Rights Act Employment Tribunals Act European Social Charter (Revised 1996) ACAS Code of Practice 2 Disclosure of Information to Trade Unions for Collective Bargaining Purposes (Revised 1997) Council Directive No. 97/81 concerning the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC Council Directive No. 98/59 on the approximation of the laws of the Member States relating to collective redundancies National Minimum Wage Act Working Time Regulations Council Directive No. 99/70 concerning the framework agreement on fixed-term work Employment Relations Act Maternity and Parental Leave etc. Regulations Public Interest Disclosure (Compensation) Regulations Council Directive No. 2000/43 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin Council Directive No. 2000/78 establishing a general framework for equal treatment in employment and occupation Part-Time Workers (Prevention of Less Favourable Treatment) Regulations Trade Union Recognition (Method of Collective Bargaining) Order Council Directive No. 2001/23 on the approximation of the laws of the Member States relating to the safeguarding of employees rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses Employment Act Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations Flexible Working (Eligibility, Complaints and Remedies) Regulations Paternity and Adoption Leave Regulations Council Directive No. 2003/88 concerning certain aspects of the organisation of working time ACAS Arbitration Scheme (Great Britain) Order Information and Consultation of Employees Regulations Council Directive No. 2006/54 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) Equality Act

8 x Chronological contents Transfer of Undertakings (Protection of Employment) Regulations Charter of the Fundamental Rights of the European Union Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union ACAS Code of Practice 1 Disciplinary and Grievance Procedures (Revised 2009) Agency Workers Regulations Employment Relations Act 1999 (Blacklists) Regulations Equality Act Equality Act 2010 (Disability) Regulations Equality Act 2010 Statutory Code of Practice on Equal Pay (Issued 2011) Equality Act 2010 Statutory Code of Practice on Employment (Issued 2011)

9 Editor s preface This collection of statutes is primarily intended for students of Employment Law (whether the subject is called Employment Law or Labour Law or Industrial Law), and it includes all those statutes and parts of statutes which a student may be referred to. The subject is now mainly statutory and it is impossible to study it satisfactorily without constant reference to the statutes, for much of the case law depends to a great extent on interpretation. However, a student does not need to have access to every detail of the vast array of statutory material and accordingly the purpose of this collection is to provide at a low cost those provisions which are central to a study of employment law. The selection has been made on the basis of what students might be referred to in their courses and the collection is necessarily not comprehensive but I hope that I have not omitted anything of relevance. Generally, I have omitted material which relates only to particular employments (such as dock workers or teachers), together with minor, regulatory or empowering provisions. Nevertheless, what has been provided covers all the law relevant for students of Employment Law, Discrimination Law, Trade Union Law and Collective Bargaining and I hope that students will find the collection useful, and a relatively inexpensive aid to the proper understanding of the subject. The statutes are not of course the whole story, but they are an essential prerequisite to appreciating the structure, nature and purpose of Employment Law. This twenty-first edition is fully up to date and includes materials available to me up to May One feature of current practice is that statutes mainly take effect by amending the two principal Consolidation Acts, so that while a statute may not appear in this book under its own title, nevertheless its provisions are fully incorporated into existing legislation. This may make it more difficult to identify the changes, but it has the advantage of presenting the student with the current position as a coherent whole. The biggest change for this year has been the removal of four Codes of Practice on discrimination and their replacement by two new Codes issued under the Equality Act Also significant are the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 which amend the principal Acts and so repeal the default retirement age. The government has rejected some earlier legislative decisions and has, for example, announced that sections 1 3 of the Equality Act 2010 (public sector duty regarding socio-economic inequalities) will not be brought into force, so they are not reproduced here. They have also revoked earlier regulations on requests for flexible time. The Equality Act 2010 has been tidied up by a number of minor regulations such as the Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order These and other minor amendments have all been incorporated into the text. There is also an Online Resource Centre which lists new material enacted since this book went to press as well as forthcoming material which is expected in the near future. This is available at www. oxfordtextbooks.co.uk/orc/statutes/. The task of selection is becoming ever more difficult especially as regulations become even more complex and repetitive. Nevertheless, it is hoped that this book presents within a reasonable compass and at a reasonable price all the major legislation which a student will need to refer to. Finally, I am most grateful to Oxford University Press for the remarkable efficiency and speed with which this book has been brought to press. The statutes are arranged in chronological order (and alphabetically within years) and are printed as amended to 1 May Richard Kidner

10 New to this edition This twenty-first edition of Blackstone s Statutes on Employment Law has been fully revised and updated to include all relevant new legislation up to May 2011 including: The Equality Act 2010 Statutory Code of Practice on Equal Pay (Issued 2011) The Equality Act 2010 Statutory Code of Practice on Employment (Issued 2011) The Equality Act 2010 (Disability) Regulations 2010, SI No Amendments made by, inter alia: The National Minimum Wage Regulations 1999 (Amendment) Regulations 2010, SI No The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010, SI No The Transfer of Functions (Equality) Order 2010, SI No The Equality Act 2010 (Amendment) Order 2010, SI No The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011, SI No The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (Revocation) Regulations 2011, SI No. 989 The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011, SI No. 1069