Lecture I Labour Law: Introduction Dr Katarzyna Gromek Broc York Law School
Principles and Framework of Labour Law • • Presentation and teaching methods Programme of lectures Mutual expectations and requirements Political and historical context Recent legislation Introduction to Employment Law Labour Law Sources Labour Law Institutions
Lecture Outline • I: Individual Employment Law • Contract (Variations of Contract of employment) • Discrimination & Equal Pay • Dismissal & Redundancy • European Social Law • II: Collective Labour Law • Trade Unions • Industrial Conflict
Framework of Employment Law • Political and historical context • Introduction to Employment Law • A) employment relationship, individual and collective rights • B) Sources of Labour Law - common law, - legislation, - collective bargaining - transnational labour standards
Political and historical Context • Labour Law as a discipline: • Hepple: ‘ Labour Law stems from the idea of the subordination of the individual worker to the capitalist enterprise’ • Subject divided private law and public law: • between common law and legislation • Labour Law: highly influenced by • - societal changes (sociology) • - political configuration • - economics
Historical context • 1: Collective organisation and common law • ( common law hostile to collective organisation of workers: criminal law, tort: later statutory intervention created immunity from the common law liability) 1799 and 1800 The Combination Acts imposed a general ban on combinations • 1985 Act: Criminal Sanctions on Picketing • 2: Relaxation in on collectivism 1870 -1906: Trade Dispute Immunity to cover some economic Torts
Historical Context • 3. 1906 -1950: Rising of Trade Unions since 1905 -1914 the membership doubled reaching 8. 5 million by 1920. • 4. Collective laissez-faire 1950 • 1954 Khan Freund ‘There is perhaps no major country in the world in which the law has played less significant role in shaping of labour relations than in Great Britain’ • 5: Employment Relations and Social Legislation
History of labour law • Industrial revolution and the origins of labour law • Collective Laissez-faire • Development of Individual Employee rights • Thatcherism and the assault on collectivism
Sources of Labour Law • • Common Law Legislation Collective Bargaining Transnational Labour Standards and EU Law
Courts and Tribunals Contract • County Court, High Court, Court of Appeal, (before House of Lords) now Supreme Court Statute and some contract • ETs, EAT, Court of Appeal, (House of Lords) Supreme Court
English Employment Law Institutions • Advisory Conciliation and Arbitration Service (ACAS). It has the general duty of promoting the improvement of industrial relations. • Central Arbitration Committee (CAC). It adjudicates on applications relating to the statutory recognition of trade unions • Certificate Officer (dealing with complaints from the trade union members)
Institutions • Information Commissioner (2000) oversees compliance with the Data Protection Act 1998 Commission for Equality and Human Rights: replaces the three Commissions below Equality Act 2006) • Equal Opportunity Commission, • Commission for Racial Equality • Disability Rights Commission 1999
Legislation today • • • Major consolidations: Individual Employment relationship: Employment Rights Act 1996 (ERA) Collective Labour Law: Trade Unions Labour Relations (consolidation) Act 1992 (TULR(c)A
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