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Chapter 8

Chapter 8. The United Kingdom. Where Does UK Labor Law Fit?. Comparisons with EU and other EU members Comparisons with US. Comparisons Between U.K. and U.S. Predominantly common law U.K. law is ancestor of much U.S. law Various sources of law Case law development of the law

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Chapter 8

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  1. Chapter 8 The United Kingdom

  2. Where Does UK Labor Law Fit? • Comparisons with EU and other EU members • Comparisons with US

  3. Comparisons Between U.K. and U.S. • Predominantly common law • U.K. law is ancestor of much U.S. law • Various sources of law • Case law development of the law • Level of government regulation of workplace • Affiliations with other nations in multinational organizations and effect on national employment law

  4. Comparisons with Other EU Nations • UK is predominantly common law, and France and Germany are predominantly civil law • Level of government regulation of the workplace • UK’s signing on to social law of EU in 1998

  5. Overview Questions for Chapter • Does the U.K. have too much employment law? • How well is the UK adjusting to the requirements of EU law? In what areas is this causing popular discontent? • What political changes in the UK bring about changes in employment law?

  6. Formation of Employment Contracts • Some statutory requirements • Negotiation by the applicant and prospective employer

  7. Termination of Employment Contracts • Statutory procedures • Employment Rights Act 1996 Section 86 Notice of Dismissal • Employment Act 2002 Dismissal Procedures • Written notice • Meeting • Notification of decision • Right of appeal and appeal meeting • Statutory substantive protections

  8. Breach of contract claims Wrongful dismissal, including breach of the implied term of mutual trust and confidence Jurisdiction generally in courts, but exception Damages not capped Statutory claims Unfair dismissal Procedural Substantive, inclduing discrimination Jurisdiction in employment tribunals Damages capped Required period of employment before may bring claim Types of Claims

  9. Breach of the implied term of mutual trust and confidence • Breach is repudiatory—can be accepted by the other party as a breach • Must be of some gravity, and goes to the root of the contract • Must be evaluated on basis of all relevant facts

  10. Area of overlap between claims for breach of the implied term of mutual trust and confidence and statutory unfair dismissal. The exclusion area means there is an area in which the breach of implied term is excluded. Eastwood defines the exclusion area narrowly. The Johnson Exclusion Area

  11. Statutory unfair dismissal claims • PROCEDURAL-good cause for dismissal, but did not follow required procedures • SUBSTANTIVE—lacks good cause for dismissal

  12. Analysis of statutory unfair dismissal claim • Burden on employer to show fair reason • Classification of reason—presumptively fair see §98(2) or automatically unfair under other statutes • Reasonableness analysis of §98(4)

  13. Direct discrimination Indirect discrimination Victimisation Positive discrimination Genuine occupational qualification Justification Disparate Treatment Disparate Impact Retaliation Reverse discrimination Bona fide occupational qualification Business necessity and job relatedness Comparison of UK-US Employment discrimination terminology

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