The Formation of Employment Law

Flashcards covering Chapter 1: The Formation of Employment Law, including legal sources, civil vs. criminal distinctions, key case law, European influences, and statutory institutions.

What is the primary purpose of employment law?

To regulate the relationship between the employer and employee.

What view did the Conservative Government under Margaret Thatcher take regarding the employment relationship in 1979?

It took the view that the balance of power in the employment relationship had swung too far in favour of the employee.

What key industrial dispute in 1984/5 served as an example of the struggle for power between trade unions and the government?

The miners' strike.

What declaration of European Union member states did the Labour Government opt into upon returning to power in 1997?

The Social Charter (as laid out in the 1957 Social Chapter in the original Treaty of Rome).

What major wage legislation was introduced in 1998 following the signing of the Social Charter?

The National Minimum Wage (National Minimum Wage Act 1998).

What term was given to the legislation introduced by the Labour Government to address the difficulty employees faced balancing home and work life?

'Family friendly' policies.

Who was commissioned in 2015 to chair a review of modern working practices, and what was the resulting report titled?

Matthew Taylor (Chief Executive for the Royal Society of Arts); the report was titled Good Work: The Taylor Review of Modern Working Practices.

What scheme was introduced during the Covid-19 lockdowns to stave off mass redundancies, and what salary support did it provide?

The Job Retention Scheme (JRS); the government paid 80 per cent of the salary of an employee unable to work during lockdown, up to a maximum of £2,500 per month.

On what date did the UK officially leave the European Union?

31 December 2020.

What new employment rights received Royal Assent in 2023 and came into force in 2024?

Unpaid Carers' Leave, changes to the rules relating to flexible working, and the right to request a predictable working pattern.

Which branch of law primarily governs employment law in the UK?

Civil law.

What are the five main Acts through which criminal employment law cases are brought?

The Trade Union and Labour Relations (Consolidation) Act 1992, the Data Protection Act 2018, the Health and Safety at Work Act 1974, the Racial and Religious Hatred Act 2006, and the Corporate Manslaughter and Corporate Homicide Act 2007.

What is the hierarchy of courts for criminal proceedings in England and Wales?

Proceedings typically begin in the Magistrates' Court (or Crown Court for serious offences); appeals on fact go to the Crown Court and appeals on law go to the High Court, followed by the Court of Appeal, and finally the Supreme Court.

What was the safety failure and outcome in the criminal case HSE v Compass Engineering Ltd and Kaltenbach Ltd (2011)?

An employee was dragged through a 12.5-centimetre gap on a moving line due to insufficient guarding. Compass Engineering was fined £45,000 plus £24,000 costs, and Kaltenbach was fined £30,000 plus £16,000 costs.

What bail condition was imposed on the striking miners in R v The Mansfield Justices ex parte Sharkey and others (1984)?

They were remanded on bail with the condition that they did not visit any place for the purposes of picketing in relation to the employment dispute, though they were allowed to picket peacefully at their usual place of work.

What was the significance and penalty in R v Cotswold Geotechnical Holdings Ltd (2011)?

It was the first prosecution of corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007; the company was fined £385,000 after a trench collapsed and killed a young geologist left working alone.

What three areas of law form the foundation of civil law?

The law of contract, the law of tort, and the law of property.

What was the legal basis for the constructive dismissal claim in Morrow v Safeway Stores plc (2002)?

A breach of contract, specifically the breach of the implied term of mutual trust and confidence resulting from a public 'dressing down' by her manager.

What principle of tort was established in Walker v Northumberland County Council (1995)?

Employer negligence for failing to provide adequate support to prevent an employee from suffering a foreseeable nervous breakdown from work-related stress.

Why did the court rule that the patent belonged to the employee in Reiss Engineering v Harris (1985)?

Because it had not been part of Harris's normal duties as a sales manager to invent anything, and the company had no research and design department.

What is the appeals route for employment-related civil claims originating in an Employment Tribunal?

Employment Tribunals → Employment Appeal Tribunal (EAT) → Court of Appeal → Supreme Court.

What monetary threshold prevents a wrongful dismissal claim from being brought in the Employment Tribunals?

A claim with a value of £25,000 or more (it must be brought in the County Court or the High Court).

What is the standard of proof required in a criminal court versus a civil court?

In a criminal court, it is 'beyond all reasonable doubt'; in a civil court, it is 'on the balance of probabilities'.

What are the formal stages an Act of Parliament typically goes through before becoming statute?

It starts as a Green Paper (consultation document), is issued as a White Paper (statement of government policy, known as a Bill), is reviewed by the House of Commons and the House of Lords, and becomes statute upon receiving Royal Assent.

What major change did the Employment Relations (Flexible Working) Act 2023 make regarding employee requests?

It made flexible working a right from day one of employment.

What consequence can an employer face in an Employment Tribunal for failing to follow the Acas Code of Practice: Disciplinary and Grievance Procedures?

The dismissal will struggle to be proven fair, and any compensation awarded to the employee can be increased by up to 25 per cent.

In common law, what is the difference between a 'binding' and a 'persuasive' precedent?

A precedent is binding if set by the Court of Appeal or Supreme Court (must be followed by lower courts); it is persuasive if set by a lower court like the Employment Appeal Tribunal (must be given due respect, but does not have to be followed if there is good reason).

What was the purpose of the European Union (Withdrawal) Act 2018?

It copied all existing EU law across into domestic UK law at the moment the UK left the EU.

What was the outcome of the Retained EU Law (Revocation and Reform) Act 2023 regarding EU-derived legislation?

Instead of an automatic removal of all EU law, it listed around 600 pieces of legislation which were removed.

In European Union law, how does a Regulation differ from a Directive?

Regulations automatically become part of national law; Directives lay down objectives that member states are directed to implement into national law within a specified time period.

What does the acronym Acas stand for, and how is it governed?

Advisory, Conciliation and Arbitration Service; it is funded by the government but independent of government control, run by a council of 12 members from business, unions, and the independent sector.

What is the distinction between arbitration and mediation as provided by Acas?

In arbitration, an independent body evaluates the dispute and determines a solution that the parties have agreed to be bound by; in mediation, the mediator suggests solutions, but the parties are not bound to accept them.

What is the role of the Central Arbitration Committee (CAC)?

To determine the outcome of applications relating to the statutory recognition or derecognition of trade unions for collective bargaining purposes, handle disputes over disclosure of information, and deal with complaints relating to works councils.

Which three organisations were replaced by the Equality and Human Rights Commission in October 2007?

The Equal Opportunities Commission (EOC), the Commission for Racial Equality (CRE), and the Disability Rights Commission (DRC).

What do the legal terms 'claimant', 'respondent', and 'appellant' refer to in tribunal proceedings?

A claimant brings a case to a tribunal, a respondent defends the case in the tribunal, and an appellant brings an appeal to an appeal court.

In legal case citations, what do 'R' and 'ex parte' signify?

'R' stands for Rex (the King, as head of state in cases brought by the state), and 'ex parte' literally means 'from a party', indicating that only one party is making the initial application.