(Ebook) Employment Law in Context by Brian Willey ISBN 9780273678595, 0273678590 Full Chapters Included
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Employment Law CYAN MAGENTA YELLOW BLACK
Brian Willey
Brian Willey
Employment Law
This book is ideal for students taking an employment law module as part of a CIPD programme, an HRM or a
business degree. It provides an invaluable reference for practising human resource or general managers who want
to increase their knowledge of the subject.
second edition
Employment law is a matter of increasing importance for managers and human resource professionals. Approaching
the subject from a human resources rather than a law perspective, this book aims to inform about the context in
which employment law is enacted and promotes understanding of:
second edition
Brian Willey is a Principal Lecturer in Employment Relations and Employment Law; and Deputy Course Director of
the MA/Postgraduate Diploma in Human Resource Management in the Faculty of Business at Kingston University.
Willey
"I am impressed by the development of sociological debates alongside the legal debates as many legal
texts omit this important area."
Alan J Ryan, Senior Lecturer in Human Resource Management,
De Montfort University Faculty of Business and Law
an imprint of www.pearsoneduc.com
Employment Law
in Context
We work with leading authors to develop the
strongest educational materials in business and
management, bringing cutting-edge thinking and best
learning practice to a global market.
BRIAN WILLEY
Second edition
Pearson Education Limited
Edinburgh Gate
Harlow
Essex CM20 2JE
England
10 9 8 7 6 5 4 3 2 1
08 07 06 05 04 03
Preface xiv
Publisher’s acknowledgements xvii
List of abbreviations xviii
Table of cases xx
Table of statutes xxvi
Table of statutory instruments xxviii
Table of statutory codes of practice xxx
Table of European Community Law xxxi
List of useful websites xxxiii
v
vi Contents
16 Conclusion 576
16.1 Ethical standards 576
16.2 Minimum standards 576
16.3 Juridification 577
16.4 Business interests 577
16.5 Labour-market flexibility 579
16.6 The accommodation of non-work life 580
16.7 Individualisation and collectivism 580
16.8 Representation rights 581
16.9 Qualified access to statutory rights 582
16.10 Enforcement processes 583
16.11 The value of the remedies 584
16.12 The future 585
References
Particularly in the past twenty-five years, employment law has had a growing
significance for managers – whether general managers or human resource practi-
tioners. Potentially, it influences and may constrain action they want to take. One
principal aim of this textbook is to help those with day-to-day responsibilities for
employee relations and human resource management to manage within the law.
Its purpose is to promote understanding of three aspects:
n the application of the law to employment relations (in policy making and
problem solving);
n the social purposes behind the legislation (what Parliament and the European
Union are trying to achieve); and
n the contextual issues that affect the implementation of the law (e.g. social
trends and economic considerations).
Applying the law (through problem solving and policy making) involves a good
understanding of the other two areas. A manager advising on the handling of
a dismissal, for example, is more likely to produce an effective and lawful out-
come if s/he does not focus exclusively on the problem in hand (terminating the
employment for employee misconduct). Remembering the purposes behind the
legislation (to provide fair reasons, fair treatment and natural justice and con-
sideration of all the circumstances) is important. Similarly, a recognition of the
business context and organisational needs is important.
Likewise, the development of corporate policies is more likely to be effective and
well informed if they are not seen, narrowly, as a series of conditions of employ-
ment to be applied mechanistically. For example, when parental and dependency
leave policies are formulated, an understanding of the social trends against which
they are developed is important (e.g. greater economic activity by women, longer
working hours, difficulties of reconciling work and non-work life). Furthermore,
the social purposes behind this legislation (to promote family-friendly policies
and provide a better balance between work and non-work life) should be acknow-
ledged to ensure that the corporate policies achieve the statutory objectives. A
manager who understands these purposes is better able to defend and argue for
policy developments with colleagues.
So, this textbook aims to be integrative. It is hoped that those concerns that
exist (particularly among HR managers and general managers) about the impact
of employment law can be addressed and that they can gain both a familiarity
xiv
Preface xv
with and an enthusiasm for the subject and, also, the confidence to analyse and
handle a greater range of problems.
Approach to learning
In attempting to bridge knowledge of legal provisions, on the one hand, and con-
sideration of employee relations and human resource issues, on the other, the
textbook provides a number of opportunities for the reader to undertake exercises
and case studies.
Acknowledgements
The initial idea for this book arose from a previous collaborative text, The Corporate
Environment, a guide for human resource managers (Pearson Education), written in
1995 with my colleague, Huw Morris. The discussions we held about that textbook
stimulated ideas about this present one as a complementary piece of work. Also,
my involvement over a number of years in teaching the Employment Law option
on the Personnel Management Diploma at Kingston University and discussions
with students further reinforced my view that such a textbook could be useful.
Furthermore, my teaching on the MA/LLM in Employment Relations and Law
helped me recognise more fully the complexity of issues that non-lawyer HR
practitioners often have to manage. My thanks to them for helping to germinate
and sustain the idea, and my admiration to many of those who wrestle with the
application of the law on a day-to-day basis.
The responsibility for the text is obviously mine. But it could not have been
written without the contributions, comments and advice of various people in
relation to both the first edition and this new edition. From Kingston University,
I would like to thank Professor Robert Upex, Vera Sacks (in the School of Law),
Jasmine Pidduck, Sanjiv Sachdev and, a former colleague, David Stannard (in the
School of Human Resource Management). All kindly considered drafts of chapters
and made very helpful comments on structure and content.
Preface xvii
Contributions to the text was written by three other people. Huw Morris con-
tributed ideas and material for Chapter 14 (Employee Participation); David
Stannard wrote the Case Study in Chapter 3; and Jasmine Pidduck contributed the
scenarios in Chapter 6. I am most grateful to them for their contributions.
In addition, I would like to thank Jasmine further for allowing me to draw
heavily on unpublished written work she had undertaken on disability discrimina-
tion. Avril Doyle kindly arranged permission to include material for a case study
from her Masters’ dissertation and Catriona Banting from Croner Publications Ltd
gave permission to use the scenarios on working time regulation in Chapter 11.
Bruce McDonald, Chief Executive at the Royal Borough of Kingston upon Thames,
kindly gave his time to discuss the Authority’s dependency policy.
A number of people facilitated the completion of this book and also deserve
thanks. Professor Christine Edwards, my Head of School, gave her support and
enthusiasm for the project. Within the operational constraints of timetabling and
my responsibilities as a course director, she provided me with as much space as was
possible to undertake the task. Sadie McClelland and, previously, Penelope Woolf,
from Pearson Education, had sufficient faith to commission the project initially
and to help in its achievement. My thanks to them. For the second edition thanks
are owed to all the editorial and production team at Pearson Education.
Finally, such textbooks are rarely written without the support of families. In this
case, I would like to thank my wife, Ann. It is a pain to have a family member
apparently welded to a PC over a summer vacation! Also, I want to thank my chil-
dren, Ian, David and Helen for their continued interest.
I hope that readers will find the textbook useful and, above all, that it will give
them the confidence to deal with the issues that employment law will present.
Brian Willey
Kingston University
February 2003
Publisher’s acknowledgements
We are grateful to the following for permission to reproduce copyright material:
Figure 2.1 from Strategic Prospects for HRM, reproduced with permission of the
Chartered Institute of Personnel and Development, London; Figure 2.2 from Whose
flexibility? the costs and benefits of non-standard working arrangements and contractual
relations, by Kate Purcell, Terence Hogarth and Claire Sim, published in 1999 by
the Joseph Rowntree Foundation, reproduced by permission of the Joseph Rowntree
Foundation; Figure 5.2 reproduced with permission from Glover, S. et al. (2001)
‘Migration: an economic and social analysis’ RDS Occasional Paper No. 67, London:
Home Office; The controller of Her Majesty’s Stationery Office for all Crown copy-
right material; extracts from Equal Opportunities Review and IRS Employment Trends
reproduced by permission of Reed Elsevier (UK) Ltd trading as Lexis Nexis UK.
Permission has been granted to reproduce data from the Department of Trade and
Industry Employment Relations Research Series; the findings do not represent the
views of the Department.
List of abbreviations
xviii
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