Lecture I Labour Law: Introduction Dr Katarzyna Gromek Broc York Law School

Principles and Framework of Labour Law Law Presentation and teaching methodsPresentation and teaching methods Programme of lecturesProgramme of lectures Mutual expectations and requirementsMutual expectations and requirements Political and historical contextPolitical and historical context Recent legislationRecent legislation Introduction to Employment LawIntroduction to Employment Law Labour Law SourcesLabour Law Sources Labour Law InstitutionsLabour Law Institutions

Lecture Outline I: Individual Employment LawI: Individual Employment Law Contract (Variations of Contract of employment)Contract (Variations of Contract of employment) Discrimination & Equal PayDiscrimination & Equal Pay Dismissal & RedundancyDismissal & Redundancy European Social LawEuropean Social Law II: Collective Labour LawII: Collective Labour Law Trade UnionsTrade Unions Industrial ConflictIndustrial Conflict

Framework of Employment Law Political and historical contextPolitical and historical context Introduction to Employment LawIntroduction to Employment Law A) employment relationship, individual and collective rightsA) employment relationship, individual and collective rights B) Sources of Labour LawB) Sources of Labour Law - common law, - common law, - legislation, - legislation, - collective bargaining - collective bargaining - transnational labour standards - transnational labour standards

Political and historical Context Labour Law as a discipline:Labour Law as a discipline: Hepple: ‘ Labour Law stems from the idea of the subordination of the individual worker to the capitalist enterprise’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:Subject divided private law and public law: between common law and legislationbetween common law and legislation Labour Law: highly influenced byLabour Law: highly influenced by - societal changes (sociology)- societal changes (sociology) - political configuration- political configuration - economics- economics

Historical context 1: Collective organisation and common law1: 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( 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 Picketing1985 Act: Criminal Sanctions on Picketing 2: Relaxation in on collectivism : Trade Dispute Immunity to cover some economic Torts2: Relaxation in on collectivism : Trade Dispute Immunity to cover some economic Torts

Historical Context : Rising of Trade Unions since the membership doubled reaching 8.5 million by : Rising of Trade Unions since the membership doubled reaching 8.5 million by Collective laissez-faire Collective laissez-faire 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’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 Legislation5: Employment Relations and Social Legislation

History of labour law Industrial revolution and the origins of labour lawIndustrial revolution and the origins of labour law Collective Laissez-faireCollective Laissez-faire Development of Individual Employee rightsDevelopment of Individual Employee rights Thatcherism and the assault on collectivismThatcherism and the assault on collectivism

Sources of Labour Law Common LawCommon Law LegislationLegislation Collective BargainingCollective Bargaining Transnational Labour Standards and EU LawTransnational Labour Standards and EU Law

Courts and Tribunals Contract Contract County Court, High Court, Court of Appeal, (before House of Lords) now Supreme CourtCounty Court, High Court, Court of Appeal, (before House of Lords) now Supreme Court Statute and some contract Statute and some contract ETs, EAT, Court of Appeal, (House of Lords) Supreme CourtETs, 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.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 unionsCentral 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)Certificate Officer (dealing with complaints from the trade union members)

Institutions Information Commissioner (2000) oversees compliance with the Data Protection Act 1998Information 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,Equal Opportunity Commission, Commission for Racial EqualityCommission for Racial Equality Disability Rights Commission 1999Disability Rights Commission 1999

Legislation today Major consolidations: Major consolidations: Individual Employment relationship:Individual Employment relationship: Employment Rights Act 1996 (ERA)Employment Rights Act 1996 (ERA) Collective Labour Law:Collective Labour Law: Trade Unions Labour Relations (consolidation) Act 1992 (TULR(c)ATrade Unions Labour Relations (consolidation) Act 1992 (TULR(c)A