Where Does UK Labor Law Fit

1
Where Does UK Labor Law Fit?

• Comparisons with EU and other EU members
• Comparisons with US

2
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

3
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
• UKs signing on to social law of EU in 1998

4
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?

5
FORMATION OF EMPLOYMENT CONTRACTS

• SOME STATUTORY REQUIREMENTS
• NEGOTIATION BY THE APPLICANT AND PROSPECTIVE
  EMPLOYER

6
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

7
Types of Claims

• 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

8
BREACH OF THE IMPLIED TERM OF MUTUAL TRUST AND
CONFIDENCE

• Breach is repudiatorycan 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

9
The Johnson Exclusion Area

• 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.

10
STATUTORY UNFAIR DISMISSAL CLAIMS

• PROCEDURAL-good cause for dismissal, but did not
  follow required procedures
• SUBSTANTIVElacks good cause for dismissal

11
ANALYSIS OF STATUTORY UNFAIR DISMISSAL CLAIM

• Burden on employer to show fair reason
• Classification of reasonpresumptively fair see
  98(2) or automatically unfair under other
  statutes
• Reasonableness analysis of 98(4)

12
COMAPARISON OF U.K.-U.S. EMPLOYMENT DISCIMINATION
TERMINOLOGY

• 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