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Deakin and Morris’ Labour Law

By: Zoe Adams, Catherine Barnard, Simon Deakin, Sarah Fraser Butlin
Media of Deakin and Morris’ Labour Law
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Published: 03-06-2021
Format: Paperback
Edition: 7th
Extent: 1328
ISBN: 9781509943548
Imprint: Hart Publishing
Dimensions: 244 x 169 mm
RRP: £49.99
Online price : £44.99
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About Deakin and Morris’ Labour Law

Deakin and Morris' Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market.

The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action.

The seventh edition of Deakin and Morris' Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject.

Table Of Contents

1. Introduction: History, Sources and Institutions of Labour Law
Labour Law: The Scope and Nature of the Subject
Historical Development
Sources of Labour Law
Institutions of Labour Law

2. The Employment Relationship
Contract or Status?
The Hiring Process
Identifying Dependent Labour
Quasi-dependent Labour
Public Sector Employment
Continuity of Employment, Qualifying Thresholds, and Equality of Treatment for Fixed-Term, Part-time and Agency Workers
Identifying the Employer
Transfers of Undertakings

3. Terms of Employment and Working Conditions
Sources of Contractual Terms and Conditions
Written Notification of Terms
Construction, Incorporation and Variation of Terms
Payment of Wages and Salaries
Working Time
Health and Safety and the Working Environment
Duties of Obedience, Co-operation and Care
Duties of Fidelity, Confidentiality and Privacy
Income Security: Sick Pay and Lay-off

4. Discipline and Termination of Employment
Dismissal Legislation: Forms, Aims and Impact
Wrongful Dismissal
The Statutory Concept of Dismissal
Fairness of Dismissal
Remedies for Unfair Dismissal
Economic Dismissals

5. Equality in Employment
The Origins, Rationales and Impact of Equality Law
Discrimination and Prohibited Conduct
Protected Characteristics
The Scope of Protection Against Discrimination in Employment
Positive Action
Equal Pay
Protection of Pregnancy, Maternity and Family Time
Disability Discrimination

6. Collective Organisation and Freedom of Association
The Rationale and Role of Collective Organisation
International Standards Relating to Collective Organisation
Legal Policy Relating to Collective Organisation
Basic Definitions and Concepts
Protection of Trade Union Membership and Activities in Relation to Employers
Facilities for Trade Union Representatives and Trade Union Activities
Union Membership and Deductions from Workers' Pay
Assessment: The Changing Role of Trade Unions in Contemporary Society

7. Collective Bargaining, Trade Union Recognition, and Statutory Information and Consultation Rights
Collective Bargaining and the Law
Statutory Rights of Information and Consultation
Employee Involvement at Transnational Level

8. Trade Unions and Their Members
The Contract of Membership
Statutory Rights: An Overview
Rights Relating to Union Membership and Discipline
Trade Union Elections
Trade Union Expenditure for Political Purposes

9. Industrial Action
Industrial Action: Role, Rationale and International Standards
Legal Policy Relating to Industrial Action: An Overview
Liability in Tort
The Liability of Trade Unions
The Scope of Statutory Immunity
Industrial Action Ballots and Notice to Employers
Civil Law Remedies
Industrial Action and EU Law
'Essential Services' and Emergency Powers
Industrial Action and Contractual Rights
Industrial Action and Individual Employment Rights
Industrial Action and the Rights of Union Members

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