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  • ISBN-10: 0198835167
  • ISBN-13: 9780198835165
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  • Formaat: Multiple-component retail product, 912 pages, kõrgus x laius x paksus: 246x171x44 mm, kaal: 1372 g
  • Ilmumisaeg: 29-May-2019
  • Kirjastus: Oxford University Press
  • ISBN-10: 0198835167
  • ISBN-13: 9780198835165
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Blackstone's Employment Law Practice 2019 is the only text to provide everything you need for bringing, defending, and appealing employment cases in one single, portable volume, providing an unbeatable combination of clear commentary and key legislation. Drawing together comprehensive coverage of practice and procedure in the Employment Tribunals, Employment Appeal Tribunal, and Central Arbitration Committee, Blackstone's Employment Law Practice 2019 is an essential purchase for all employment practitioners.

This new edition offers up-to-date guidance on the latest developments in substantive law, practice, and procedure in the employment tribunal and civil courts. An eminent team of expert authors share consummate experience of every aspect of employment law and practice to offer up-to-date advice and commentary on the latest developments in substantive law and procedure.

Blackstone's Employment Law Practice 2019: Digital Pack includes a digital version available on PC, Mac, Android devices, iPad or iPhone to ensure that you have access to the latest developments in employment law practice wherever you are.

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Table of Cases xxxi
Table of UK Legislation lxxv
Table of European and International Legislation xcv
Codes of Practice and Practice Directions xcvii
List of Abbreviations xcix
Part A Tribunal Procedure
1 Jurisdiction and Constitution
3(12)
A Introduction
B Membership and Composition of Employment Tribunals
Members
Composition of tribunals
Judge sitting with one lay member
Legal officers and caseworkers
C Jurisdiction
Territorial jurisdiction
D Administration
E Representation
2 Claim Form
15(7)
A Introduction
B Required Information
C Presentation of the Claim Form
D Actions on Receipt
E Acceptance Procedures
F Filling in the Claim Form
Section 1 'Your details'
Section 2 'Respondent's details' and Section 13 'Details of additional respondents'
Section 3 'Multiple cases' and Section 4 'Cases where the respondent was not your employer'
Section 5 'Employment details' and Section 6 'Earnings and Benefits'
Section 7 'If your employment with the respondent has ended what has happened since?'
Section 8 'Type and details of claim'
Section 9 'What do you want if your claim is successful'
Section 10 'Information to regulators in protected disclosure cases'
Section 11 'Your representative'
Section 12 'Disability'
Section 13 'Details of additional respondents'
Section 14 'Final Check'
Section 15 'Additional information'
Diversity monitoring questionnaire
G Fees
H Claims Brought on Behalf of Deceased Persons
I Claims by and against Bankrupt and Insolvent Parties
3 Time Limits
22(17)
A Jurisdiction
B When Time Starts to Run-Generally
C Specific Cases
Unfair dismissal
Written particulars and itemized pay
Discrimination cases
Interim relief
Equal pay
Redundancy
Deduction of wages claims ERA 1996, s 23
Other claims
European claims
D ACAS Early Conciliation Process
E Presentation of Complaint: Specific Problems
Expiry of time outside office hours
Premature applications
Delays in the post
F Extensions
Not reasonably practicable
Further period
Extension of time on a just and equitable basis
Specific examples
4 The Response
39(5)
A Initial Steps
B Rejection of Response
C Contents of the Response
Boxes 1 to 3 'Claimant's name', 'Respondent's details', and 'ACAS early conciliation details'
Boxes 4 and 5 'Employment details' and 'Earnings and benefits'
Box 6 'Response'
Box 7 'Employer's contract claim'
Box 8 'Your representative'
D Reconsideration of Rejection
E Extension of Time
F Consequences of Failing to Enter a Response, Rejection of Response, or Uncontested Applications
G Counterclaims
5 Conciliation and Settlement
44(38)
A Introduction
B The Role of ACAS
Early conciliation
Conciliation once a claim has been issued
'Endeavour to promote a settlement'
Confidentiality
C The ACAS Arbitration Scheme
D Mediation
When to begin mediation
The mediation agreement
Length of the mediation
Role of private meetings or caucuses
The settlement agreement
Post-settlement issues
When is it suitable?
E Private Negotiations between the Parties
Protected conversations
F Statutory Restrictions on Settlement of Claims
G Construction of the Contract
H Statutory Requirements for Settlement Agreements
Claims which may be covered by a settlement agreement
Independent adviser
The advice
I ACAS Conciliated Settlements
Effect of ACAS facilitated settlement
Form of settlement
Scope of settlement
J Effect of an Agreement Where the Statutory Requirements Have Not Been Met
K Enforcement of a Settlement Agreement or Conciliated Settlement
L Consent Orders
M 'Tomlin' Orders
N Authority of Representatives to Compromise
O Overturning Agreements
P Sample Settlement Agreement
Q Drafting Notes for a Settlement Agreement
General considerations
Taxation consideration
Termination date and reason
Tax treatment of the repayment provision
Practical arrangements, payment, and benefits
Post-termination restrictions
Full and final settlement
Warranties
Company law considerations
Checklist of Issues
6 Case Management
82(23)
A Preliminary Case Management and the Sift
B Case Management and Preliminary Hearings
C Applying for Orders and Directions at a Preliminary Hearing
D Varying or Setting Aside Orders
E Common Orders and Directions
Additional information
Written answers
Amendments
Witnesses
Expert evidence
Disclosure
Grounds to withhold disclosure
F Sanctions for Non-compliance
7 Interim Applications: Striking Out and Other Preliminary Issues
105(8)
A Preliminary Hearings
B Determination of Preliminary Issues
C Striking Out
Scandalous or vexatious claim or response
No reasonable prospect of success
Scandalous, unreasonable, or vexatious conduct
The claim has not been actively pursued
Fair hearing not possible
Failure to comply with an order
Other sanctions for non-compliance with an order
D Unless Orders
E Payment of a Deposit
8 Contractual Claims
113(7)
A Introduction
B Conditions for a Contract Claim
Contract claim
Contract connected with employment
Jurisdiction of the courts of England and Wales
Arising or outstanding on the termination of employment
Claims in respect of personal injuries
Claims excluded by Article 5
C Employer Counterclaim
D Commencement and Time Limits
E Hearing of a Contract Claim
F Compensation Limits and Relationship with the Civil Courts
9 The Hearing
120(40)
A Introduction
B Listing and Notice of Hearing
C Preparation for the Hearing
Bundles
Witnesses and witness statements
Special arrangements
Chronology, skeleton, and authorities
Review of time estimate
Settlement
D Adjournment and Postponement
General considerations
Proceedings pending in another forum
Inability of party, witness, or representative to attend
Cases where interim relief is available
Appeals against adjournment decisions
E Non-attendance by a Party
F Written Representations
G Conduct of the Hearing
General considerations
Informality
The order of the hearing
Opening and preliminary matters
The evidence
Submission of no case to answer
Closing submissions
Skeleton arguments
H Contempt of Court
I Restrictions on Publicity and Disclosure
Public hearings
Restrictions on publicity
Private hearings
Anonymization orders
Restricted reporting orders
National security
10 Bias and Improper Conduct of the Hearing
160(22)
A Introduction
B Bias
Appearance of bias: presumed bias
Appearance of bias: other cases
Apparent bias: particular examples
C Improper Conduct and Procedural Irregularities
Interventions by the tribunal
Reliance on matters not canvassed at the hearing
New evidence raised late in the hearing
Reliance by the tribunal on authorities not canvassed with the parties
Reliance by tribunal on information given by a third party
Use by members of industrial experience
Tribunal member asleep
D Raising an Allegation of Bias or Procedural Impropriety
The tribunal's power to recuse itself
Disclosure by the tribunal and waiver by the parties
Guidance on disclosure
Dangers of inappropriate recusal
Application for recusal
Approach of the EAT
11 Judgments, Decisions, and Orders
182(21)
A Classification of Judgments and Orders
B Procedural Requirements for Judgments and Orders
Form and content of judgments and orders
Delay in giving judgment or reasons
Majority decisions
C The Tribunal's Reasons
The duty to give reasons
Procedure for giving reasons
The content of the reasons: general principles
Particular aspects of the duty to give reasons
Amplification of the reasons
D Anonymization of Judgments and Tribunal Records
E Changing the Decision
After registration
Before registration
F Res Judicata, Issue Estoppel, and Abuse of Process
Introduction
Application of principles of estoppel to tribunal decisions
Cause of action and issue estoppel
The principle in Henderson v Henderson
Relaxation of the strictness of the rule
Other instances of abuse of process
12 Costs
203(11)
A Introduction
B Overview
C Key Terms
D Timing of Orders
E When Orders Must be Made
F Discretionary Orders
Vexatious
No reasonable prospect of success
Collateral or improper purposes
Otherwise unreasonably
G Calderbank Letters
H Costs against Respondents
I Amount
J Assessment
K Costs Schedules
L Witness Allowances
M Preparation Time Orders
Preparation time
The amount of a preparation time order
N Wasted Costs
When can wasted costs orders be made?
Amount
13 Reconsideration of Judgments
214(7)
A Introduction
B Decisions that May be Reconsidered
Decisions to reject a claim form or response
Judgments
Case management orders
C Grounds for Reconsideration
Summary of grounds
Interests of justice
New evidence
D Procedure for Reconsideration
Application by a party
Reconsideration by the tribunal on its own initiative
Hearing or paper only determination
E Corrections under the Slip Rule
14 Enforcement of Tribunal Awards
221(3)
A Introduction
B Methods of Enforcement
C Form of Application
D Enforcement in the Case of Death
E Fines for Failure to Pay Tribunal Awards
15 Special Jurisdictions
224(4)
A National Security
Serving of documents
Witness orders and disclosure of documents
Special advocate
Hearings
Reasons in national security proceedings
Correction of written reasons
B Employment Tribunal Levy Assessment Appeals
C Appeals against Health and Safety Improvement and Prohibition Notices
D Appeals against Unlawful Act Notices
16 Human Rights Claims
228(6)
A Claims under the Human Rights Ac 1998
Article 6: fair trial
Article 6 and the employer's procedure
Article 6 and the employment tribunal
Article 8: private and family life
Article 9: religious freedom
Article 11: freedom of association
17 Group Litigation
234(6)
A Introduction
B Group Litigation Orders in the Civil Courts
Preliminary matters
Application for a GLO
Characteristics of a group litigation order
The group register
Allocation
Case management
Judgments and orders
Trial
Costs
C Management of Group Litigation in Employment Tribunals
D Fees for Group Litigation in the Employment Tribunal
18 Employment Appeal Tribunal
240(47)
A Introduction
B Constitution and Procedural Rules
The procedural rules
C Jurisdiction
Original jurisdiction of the Employment Appeal Tribunal
D Grounds of Appeal
Appeal on a point of law
Perversity
Inadequate reasoning
Delay
Allegations of bias or procedural impropriety
E Restrictions on the Scope of Appeal
Academic points
Points of law which were not argued in the employment tribunal
Settlement agreements
F Precedent
G Appeals against Interim Orders
H Commencing an Appeal
The notice of appeal
No fee payable for commencing an appeal
Time limits for commencing an appeal
Application for an extension of time to lodge the notice of appeal
I The Sift and the Setting of Directions
The sift
Case management and directions
J Respondent's Answer and Cross-appeals
K Amendments to the Notice of Appeal or Respondent's Answer
L Interim Matters
Interim applications
Conciliation
M Vexatious Litigants
N Listing the Case
The bundle of papers for use at the hearing
O Skeleton Arguments
P Hearing Length
Q Restricted Reporting Orders
R National Security Appeals
S Evidence
Notes of evidence
Introducing new evidence
T Orders of the Employment Appeal Tribunal
Substitution
Remission
U Permission to Appeal
V Agreed Order
W Review of the Employment Appeal Tribunal's Judgment or Order
X Costs
Circumstances in which costs may be awarded
Assessment of costs
Wasted costs orders
19 Tribunal Procedure and Appeals in Scotland
287(10)
A Introduction
B Tribunal Procedure
Witness statements
Witnesses
Hearing
Closing speeches
Opening speeches
Disclosure of documents
Use of documents at hearing
Costs
Enforcement of awards
C Appeals
Staying or sisting proceedings
'Without prejudice' documents
Part B Procedure In Other Jurisdictions
20 Employment Litigation in the Civil Courts
297(24)
A Introduction
B Jurisdiction of the Courts and the Employment Tribunals
Claims in the employment tribunal
Claims in the civil courts
C Overlapping Claims
D Proceedings in the Civil Courts
Introduction
Pre-action steps
Commencement of proceedings
Default judgment
Case management
Interim applications
Strike-out of statement of case
Summary judgment
Interim injunctions
Disclosure
Evidence and witnesses
Trial
Costs
Checklist of Steps up to Completion of Statements of Case
Checklist of Matters for Consideration at CMC
21 Court of Appeal
321(3)
A General Principles
B Special Features about Employment Appeals
Second-tier appeal
Other procedural issues
Costs
22 European Union Law and References to the European Court of Justice
324(8)
A EU Law
B Sources of EU Law
The Treaties
EC legislation
General principles of Community law
Other international instruments
C EU Law in the Employment Tribunal
Does the tribunal have jurisdiction?
Time limits
Francovich claims
D References to the Court of Justice of the EU
Discretion to refer
Form of reference
Stays
23 Collective Labour Law Institutions-The Central Arbitration Committee and Certification Officer
332(9)
A Introduction
B Membership
C Jurisdiction
Information
Union recognition
European Works Councils
D Proceedings other than under Schedule Al
E Recognition Proceedings
F Hearings
G Enforcement
H Challenging Decisions
I The Certification Officer
Part C The Substantive Law
24 Dismissal
341(52)
A Wrongful Dismissal
Basic test
Wrongful dismissal damages
Court jurisdiction in wrongful dismissal cases
B Unfair Dismissal
Qualifying periods
Excluded employees
Constructive dismissal
C Application for Interim Relief
D Grounds for Dismissal
Time for assessing the reason for dismissal in unfair dismissal cases
Subsequently discovered conduct
Burden and standard of proof
Automatically unfair grounds
Special provisions relating to retirement dismissals
Written reasons for dismissal
Fair reasons
E Misconduct
Disciplinary code
Minor offences
Gross misconduct
Examples of misconduct
F Incompetence
Evidence of incompetence
Procedure
G Ill-health
Absenteeism
Disability
Illness
H Other Reasons for Dismissal
Lack of qualifications
Illegality
Some other substantial reason
I Disciplinary Procedure for all Dismissals
Dismissal and disciplinary procedures
Procedure for all dismissals
Companion
Disciplinary meeting-general
Standard of proof
Sanction
Notification of decision
Appeals
J Warning Procedure
Warnings
K Stress Issues Prior to Investigatory/Disciplinary Meetings
Checklist of Issues for Tribunal Claims Connected with Dismissal
Unfair Dismissal: General Checklist
25 Redundancy
393(14)
A When is a Person Redundant?
B Selection of those Employees to be Made Redundant
C Consultation
Collective consultation
Individual consultation
D Alternative Employment
E Calculation of Redundancy Payment
Checklist of Issues for Tribunal Claims Connected with Redundancy
26 Discrimination
407(41)
A The Scope of Discrimination Law in Employment Situations
Employees
Contract workers
Police officers
Partnerships and LLPs
Barristers and advocates
Office holders
Other entities
B The Protected Characteristics
Age
Disability
Gender reassignment
Civil partnership and marriage
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
C Prohibited Conduct
Direct discrimination
Combined discrimination
Indirect discrimination
Discrimination arising from a disability
Harassment
Victimisation
Failure to make reasonable adjustments
Other prohibited acts
D Vicarious Liability of Employers and Principals for Discriminatory Acts
Employers
Principals and agents
E Defences to Discrimination Claims
The statutory defence
Illegality
The general genuine occupational requirement defence
The organized religion genuine occupational requirement
Other requirements relating to religion and belief
Positive discrimination
National security
Benefits provided to the public
Discrimination in compliance with the law
Defences to age discrimination claims
Other defences
F Discrimination Claims and Questions
G Territorial Jurisdiction
H Limitation
Checklist for Claims of Discrimination Based on Sex (To include Marital/Civil Partnership and Gender Reassignment), Race, Religion or Belief, and Sexual Orientation
Checklist for Disability Discrimination Checklist for Claims of Age Discrimination
27 Equal Pay: Law and Procedure
448(24)
A Introduction to the Law of Equal Pay
B The Scope of the Law of Equal Pay
C Comparators
Like work
Work rated as equivalent
Work of equal value
The range of permissible comparators
D The Material Factor Defence
Material factor
Justifying material factor defences
The Armstrong defence
E Burden of Proof
F The Operation of the Equality Clause
G The Procedure in an Equal Pay Claim and the Equal Value Rules
Time limits
Questionnaires
Equal value claims
Stage 1 equal value hearing
Stage 2 equal value hearing
The independent expert
The hearing
Equal pay claims and the civil courts
H Applications of the Law of Equal Pay
The pensions litigation
Maternity
I Other Relevant Provisions of the Equality Act 2010
Checklist for Equal Pay Claims
28 Unlawful Deductions from Wages
472(3)
A General Pay Obligations
B Deductions from Wages
Checklist for Unlawful Deduction Claims
29 Transfer of Undertakings
475(12)
A Definition of 'Transfer' and 'Undertaking'
B Which Employees?
C What Protection?
D Trade Unions
E Duty to Inform and Consult
F Disclosure of 'Employee Liability Information'
Checklist for TUPE-related Claims
30 Contractual Employment Issues
487(7)
A Introduction
B Unpaid Wages and Remuneration
C Claims by Employers Arising out of the Course of Employment
D Claims Arising out of the Termination of Employment
Claims by employees
Claims by employers
Constructive dismissal or summary dismissal
E Post-termination Restraints
31 Whistle-blowing
494(13)
A Introduction
B Persons Protected
C Protected Disclosure
Qualifying disclosure
Circumstances in which a qualifying disclosure is protected
D Prohibited Acts and Remedies
Dismissal
Detriment claims
E Protected Disclosures and Contractual Duties
Part D Remedies
32 Remedies for Unfair Dismissal
507(49)
A Introduction
B Reinstatement and Re-engagement Orders
Duty to give reasons
The orders
Terms of the order
Enforcing a re-employment order
Defence of impracticability
Additional award
C Interim Relief
D Compensation for Unfair Dismissal
E Basic Award
Calculating the basic award
Minimum basic award
Redundancy dismissals
Reducing the basic award
F The Compensatory Award
Part 1 Assessing the Loss
General principles
Meaning of loss
Proof of loss
Calculating the period of loss
Monetary losses
Non-monetary loss
Part 2 The Duty to Mitigate and Future Loss
The duty to mitigate
Future loss
Part 3 Deductions and Reductions
The statutory provisions
'Just and equitable' reduction
Distinction between procedure and substance?
Some illustrations of category (b) cases
Impact of age discrimination legislation
Mitigation in law
Credit for payments received
Are state benefits deductible?
Power to adjust the award
Whistle-blowers
G Contributory Fault
Contributory conduct
H Ex Gratia Payments
Contractual redundancy payments
Accelerated payment
Order of reductions
Statutory maximum, interest, and the power to reconsider
I Grossing Up
33 Remedies in Discrimination Cases
556(19)
A Introduction
No statutory limit
B Compensation for Direct Discrimination and Victimization
General principles
Remedies are discretionary
Claim to be assessed 'as any other claim in tort'
Awards against individual respondents
C Compensation for Non-financial Loss
Injury to feelings
Injury to health
Simmons v Castle uplift
Aggravated damages
Relationship between non-pecuniary awards
Exemplary damages
D Financial Loss
Types of loss
Calculating the loss
Credit for payments received and ex gratia payments
Mitigation
Future handicap in the labour market
Dismissals which are both discriminatory and unfair
Accelerated payment
Power to adjust the award
Overall size of awards
E Compensation for Indirect Discrimination
F Recommendations
Introduction
Scope of the power to make recommendations
Enforcement
G Equality of Terms
Equality clause
Remedies
Arrears date
No apportionment
H Compensation for Part-time Workers and Fixed-term Employees
I Tax
34 Recoupment of Benefits
575(5)
A Introduction
B When Applicable
C The Working of the Scheme
D Explanation of Recoupment
E Notification to the Department for Work and Pensions
F Duties of the Employer
G Appeals
H Consequences of a Successful Appeal against the Original Judgment
I Benefits of Settlement
35 Interest on Employment Tribunal Awards
580(3)
A Interest on Awards Generally
B Interest on Discrimination Awards
The Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996
Injury to feelings
Other awards
'Serious injustice' discretion
Special investment account rate of interest
36 Tax and Termination Payments and Employment Tribunal Awards
583(15)
A Introduction
B The Structure of the Taxation of Employees
C Taxation of Sums Paid on Termination or under Settlement Agreements
Payment taxable as earnings
Payments on termination
Payments in lieu of notice (PILON)
Benefits
Restrictive covenants
Benefits from employer-financed retirement benefit schemes
Redundancy payments
Payments in connection with death, disability, and personal injury
Legal expenses
Counselling
Repayment of expenses to the employer
D The Consequences for the Employer of the Application of section 401
E Taxation of Tribunal Awards
Unlawful deduction from wages
Unfair dismissal
Wrongful dismissal claims
Awards in relation to discrimination
No termination discrimination
Protective awards
Compensation for failure to inform and consult under TUPE
F International Aspects
37 Insolvency and Employment Law
598(9)
A Introduction
B Structure of Legislation
Liquidation
Administration
Receivership
Voluntary arrangements
C The Impact on Legal Proceedings
D Insolvency and the Effect on Contracts of Employment
Liquidation
Receivers
Administrators
Preferential debts
E 'Guaranteed debts'
F Pension Entitlements
G TUPE and Insolvency
Regulation 8(6) and (7) TUPE
Appendix 1 Selected Legislation: Rules 607(58)
Employment Appeal Tribunal Rules 1993
608(24)
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
632(33)
Appendix 2 Practice Directions and Guidance 665(48)
Practice Direction (Employment Appeal Tribunal-Procedure) 2013
666(15)
EAT Practice Statement: Notices of Appeal and Skeleton Arguments, June 2015
681(2)
ET Presidential Practice Direction-Presentation of Claims (England and Wales), December 2016
683(2)
ET Presidential Guidance (England and Wales)-General Case Management, March 2014
685(22)
ET Presidential Guidance (England and Wales)-Rule 3 Protocol on Judicial Assessments, October 2016
707(6)
Appendix 3 Codes of Practice 713(28)
ACAS Code of Practice 1: Disciplinary and Grievance Procedures (2015)
714(5)
Equality Act 2010: Guidance on Matters to be Taken into Account in Determining Questions Relating to the Definition of Disability
719(18)
ACAS Code of Practice on Settlement Agreements (under section 111A of the Employment Rights Act 1996)
737(4)
Appendix 4 Financial Information 741(10)
Income Tax Rates
742(1)
Personal Allowances and Reliefs
742(1)
NI Contributions
742(1)
Employers' Rates
742(1)
Employees' Standard Rates
743(1)
Employees' Class 2 Contributions
743(1)
Main Social Security Benefits
743(1)
Jobseeker's Allowance
743(1)
Incapacity Benefit (before 1995 known as Sickness Benefit)
743(1)
Statutory Sick Pay
744(1)
Statutory Maternity Pay
744(1)
AA Motoring Costs Tables 2014
744(3)
Extract from Judicial College, Guidelines for the Assessment of General Damages in Personal Injury Cases
747(2)
Redundancy Payment Calculator
749(2)
Appendix 5 Forms and Precedents 751(24)
Employment Tribunal
752(17)
The Claim
752(9)
The Response
761(8)
Employment Appeal Tribunal (EAT)
769(2)
Notice of Appeal
769(1)
Respondent's Answer
769(2)
High Court and County Court
771(4)
The Claim
771(1)
The Defence
772(3)
Appendix 6 Tables 775(14)
Current and Recent Maximum Awards
776(2)
Past Awards Limits
778(1)
National Minimum Hourly Wage
779(1)
National Minimum Hourly Wage from 1 April 2019 to 31 March 2020
779(1)
Past National Minimum Hourly Wages
779(1)
Time Limits
780(8)
Qualifying Periods and Time Limits
780(8)
Appeal Time Limits
788(1)
Index 789