Blackstone s Statutes on Employment Law 2011 2012 21st edition edited by Richard Kidner MA, BCL Emeritus Professor of Law, Aberystwyth University 1 00-Kidner-Prelims.indd iii 7/1/2011 10:10:38 AM
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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 1992 1 Employment Rights Act 1996 120 Employment Tribunals Act 1996 211 National Minimum Wage Act 1998 218 Employment Relations Act 1999 230 Employment Act 2002 234 Equality Act 2006 236 Equality Act 2010 243 Part II Statutory Instruments 299 The Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 299 The Employment Protection (Continuity of Employment) Regulations 1996 300 The Working Time Regulations 1998 301 The Maternity and Parental Leave etc. Regulations 1999 318 The Public Interest Disclosure (Compensation) Regulations 1999 330 The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 331 The Trade Union Recognition (Method of Collective Bargaining) Order 2000 336 The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 341 The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 347 The Paternity and Adoption Leave Regulations 2002 348 The ACAS Arbitration Scheme (Great Britain) Order 2004 357 The Information and Consultation of Employees Regulations 2004 363 The Transfer of Undertakings (Protection of Employment) Regulations 2006 376 The Agency Workers Regulations 2010 387 The Employment Relations Act 1999 (Blacklists) Regulations 2010 399 The Equality Act 2010 (Disability) Regulations 2010 404 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
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
Alphabetical contents A C ACAS Arbitration Scheme (Great Britain) Order 2004... 357 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 Agency Workers Regulations 2010... 387 Charter of Fundamental Rights of the European Union... 432 Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union... 428 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 Council Regulation No. 1612/68 on Freedom of Movement for Workers within the Community... 433 D Department of Employment Code of Practice on Picketing (Revised 1992)... 412 E Employment Act 2002... 234 Employment Protection (Continuity of Employment) Regulations 1996... 300 Employment Relations Act 1999... 230 Employment Relations Act 1999 (Blacklists) Regulations 2010... 399 Employment Rights Act 1996... 120 Employment Tribunals Act 1996... 211 Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994... 299 Equality Act 2006... 236 Equality Act 2010... 243 Equality Act 2010 (Disability) Regulations 2010... 404 Equality Act 2010 Statutory Code of Practice on Employment (Issued 2011)... 417 Equality Act 2010 Statutory Code of Practice on Equal Pay (Issued 2011)... 415 European Convention for the Protection of Human Rights and Fundamental Freedoms... 460 European Social Charter (Revised 1996)... 461 F Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002... 341 Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002... 347 I Information and Consultation of Employees Regulations 2004... 363 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 M Maternity and Parental Leave etc. Regulations 1999... 318
viii Alphabetical contents N National Minimum Wage Act 1998... 218 P Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000... 331 Paternity and Adoption Leave Regulations 2002... 348 Public Interest Disclosure (Compensation) Regulations 1999... 330 T Trade Union and Labour Relations (Consolidation) Act 1992... 1 Trade Union Recognition (Method of Collective Bargaining) Order 2000... 336 Transfer of Undertakings (Protection of Employment) Regulations 2006... 376 W Working Time Regulations 1998... 301
Chronological contents 194 8 International Labour Organisation Convention (No. 87) concerning Freedom of Association and Protection of the Right to Organise... 464 194 9 International Labour Organisation Convention (No. 98) concerning the Application of the Principles of the Right to Organise and to Bargain Collectively... 465 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms... 460 1968 Council Regulation No. 1612/68 on Freedom of Movement for Workers within the Community... 433 1992 Department of Employment Code of Practice on Picketing (Revised 1992)... 412 Trade Union and Labour Relations (Consolidation) Act 1992... 1 1994 Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994... 299 1996 Employment Protection (Continuity of Employment) Regulations 1996... 300 Employment Rights Act 1996... 120 Employment Tribunals Act 1996... 211 European Social Charter (Revised 1996)... 461 1997 ACAS Code of Practice 2 Disclosure of Information to Trade Unions for Collective Bargaining Purposes (Revised 1997)... 410 Council Directive No. 97/81 concerning the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC... 435 1998 Council Directive No. 98/59 on the approximation of the laws of the Member States relating to collective redundancies... 437 National Minimum Wage Act 1998... 218 Working Time Regulations 1998... 301 1999 Council Directive No. 99/70 concerning the framework agreement on fixed-term work... 439 Employment Relations Act 1999... 230 Maternity and Parental Leave etc. Regulations 1999... 318 Public Interest Disclosure (Compensation) Regulations 1999... 330 2000 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 Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000... 331 Trade Union Recognition (Method of Collective Bargaining) Order 2000... 336 2001 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 2002 Employment Act 2002... 234 Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002... 341 Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002... 347 Paternity and Adoption Leave Regulations 2002... 348 2003 Council Directive No. 2003/88 concerning certain aspects of the organisation of working time... 450 2004 ACAS Arbitration Scheme (Great Britain) Order 2004... 357 Information and Consultation of Employees Regulations 2004... 363 2006 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 Equality Act 2006... 236
x Chronological contents Transfer of Undertakings (Protection of Employment) Regulations 2006... 376 2007 Charter of the Fundamental Rights of the European Union... 432 2008 Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union... 428 2009 ACAS Code of Practice 1 Disciplinary and Grievance Procedures (Revised 2009)... 406 2010 Agency Workers Regulations 2010... 387 Employment Relations Act 1999 (Blacklists) Regulations 2010... 399 Equality Act 2010... 243 Equality Act 2010 (Disability) Regulations 2010... 404 2011 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
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 2011. 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 2010. 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 2010. 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 2011. Richard Kidner
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. 2128 Amendments made by, inter alia: The National Minimum Wage Regulations 1999 (Amendment) Regulations 2010, SI No. 1901 The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010, SI No. 2279 The Transfer of Functions (Equality) Order 2010, SI No. 1839 The Equality Act 2010 (Amendment) Order 2010, SI No. 2622 The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011, SI No. 1060 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