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Lecture I Labour Law: Introduction

Lecture I Labour Law: Introduction. Dr Katarzyna Gromek Broc York Law School. Principles and Framework of Labour Law Law. Presentation and teaching methods Programme of lectures Mutual expectations and requirements Political and historical context Recent legislation

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Lecture I Labour Law: Introduction

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  1. Lecture ILabour Law: Introduction Dr KatarzynaGromekBroc York Law School

  2. Principles and Framework of Labour Law Law • Presentation and teaching methods • Programme of lectures • Mutual expectations and requirements • Political and historical context • Recent legislation • Introduction to Employment Law • Labour Law Sources • Labour Law Institutions

  3. Lecture Outline • I: Individual Employment Law • Contract (Variations of Contract of employment) • Discrimination & Equal Pay • Dismissal & Redundancy • European Social Law • II: Collective Labour Law • Trade Unions • Industrial Conflict

  4. Framework of Employment Law • Political and historical context • Introduction to Employment Law • A) employment relationship, individual and collective rights • B) Sources of Labour Law - common law, - legislation, - collective bargaining - transnational labour standards

  5. Political and historical Context Labour Law as a discipline: Hepple: ‘ Labour Law stems from the idea of the subordination of the individual worker to the capitalist enterprise’ Subject divided private law and public law: between common law and legislation Labour Law: highly influenced by - societal changes (sociology) - political configuration - economics

  6. Historical context 1: Collective organisation and common law ( common law hostile to collective organisation of workers: criminal law, tort: later statutory intervention created immunity from the common law liability) 1799 and 1800 The Combination Acts imposed a general ban on combinations 1985 Act: Criminal Sanctions on Picketing 2: Relaxation in on collectivism 1870-1906: Trade Dispute Immunity to cover some economic Torts

  7. Historical Context 3. 1906-1950: Rising of Trade Unions since 1905-1914 the membership doubled reaching 8.5 million by 1920. 4. Collective laissez-faire 1950 1954 Khan Freund ‘There is perhaps no major country in the world in which the law has played less significant role in shaping of labour relations than in Great Britain’ 5: Employment Relations and Social Legislation

  8. History of labour law • Industrial revolution and the origins of labour law • Collective Laissez-faire • Development of Individual Employee rights • Thatcherism and the assault on collectivism

  9. Sources of Labour Law Common Law Legislation Collective Bargaining Transnational Labour Standards and EU Law

  10. Courts and Tribunals Contract • County Court, High Court, Court of Appeal, (before House of Lords) now Supreme Court Statute and some contract • ETs, EAT, Court of Appeal, (House of Lords) Supreme Court

  11. English Employment Law Institutions • Advisory Conciliation and Arbitration Service (ACAS). It has the general duty of promoting the improvement of industrial relations. • Central Arbitration Committee (CAC). It adjudicates on applications relating to the statutory recognition of trade unions • Certificate Officer (dealing with complaints from the trade union members)

  12. Institutions • Information Commissioner (2000) oversees compliance with the Data Protection Act 1998 Commission for Equality and Human Rights: replaces the three Commissions below Equality Act 2006) • Equal Opportunity Commission, • Commission for Racial Equality • Disability Rights Commission 1999

  13. Legislation today Major consolidations: Individual Employment relationship: Employment Rights Act 1996 (ERA) Collective Labour Law: Trade Unions Labour Relations (consolidation) Act 1992 (TULR(c)A

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