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Key Facts: Employment Law
Chris Turner
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eBook - ePub
Key Facts: Employment Law
Chris Turner
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Key Facts is the essential series for anyone studying law, including LLB, ILEX and post-graduate conversion courses. Key Facts provides the simplest and most effective way for you to memorise and absorb the essential facts needed to pass your exams. Key Features:
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1
The Historical Background to Employment Law
1.1 The Development of Employment Protections
1.1.1 The History and Background to Employment Law
1. Regulating employment goes back as far as Statute of Labourers 1399 and Statute of Artificers and Apprentices 1652.
2. So while employment is based on a contractual relationship it has always been subject to statutory intervention.
3. Modern employment law begins with the so-called âmaster and servant lawsâ of the nineteenth century and always an unequal relationship (Latter v Braddell (1881)).
1.1.2 The Scope of Employment Law
1. Divides into three neat areas:
(i) industrial safety law;
(ii) employment law;
(iii) industrial relations law.
2. Industrial safety law developed through nineteenth century statutes, common law duty, the Health & Safety at Work Act 1974 and EU intervention.
3. Employment law is based on contract law.
4. Industrial relations have always been led by politics, and subject to violent change and great controversy.
1.1.3 Development of Employment Rights and Protections
1. Early twentieth century saw other measures to curb exploitation e.g. Wages Councils.
2. In the 1950s, conditions were generally settled by free collective bargaining â âcollective laissez faireâ Otto Kahn-Freund.
3. Move towards a basic âfloor of rightsâ emerged in the 1960s:
4. Donovan Commission 1968 suggested pay bargaining at local level to improve productivity and resolve differences quickly.
5. Labour followed this with White Paper âIn place of strifeâ.
6. Industrial Relations Act 1971 tried to create framework for industrial relations, failed but introduced unfair dismissal.
7. Labour 1974â1979 introduced consolidation package with:
8. EU has also been major source of increased employee rights:
1.1.4 Reductions of Employee Rights
1. Legislation of 1980s-1990s restricted rights and protections:
...