This fully updated and revised edition includes an updated section on the relationship of employer and employee and how status is being determined by courts and tribunals, including the Court of Appeal decision in Secretary of State for BERR v Neufield (on whether a shareholder can be an employee).

The book has been updated to take account of the abolition of the statutory dispute resolution procedures and includes a full analysis on the new Acas Code of Practice on discipline and grievance. The Court of Appeal decision in London Ambulance Service NHS Trust v Small (on how an employment tribunal should approach fairness when looking at an unfair dismissal claim) is also referenced.

The chapter on TUPE has been updated to include a number of recent EAT decisions including Metropolitan Resources v Martin Cambridge (looking at when a service provision change falls within TUPE).

The discrimination chapters have been restructured and now include separate chapters on direct and indirect discrimination as well as harassment. The chapter on indirect discrimination includes the Court of Appeal decision in Somerset City Council v Pike (on the correct of pool of comparators in an indirect discrimination claim). The chapter on harassment has been updated to take account of the Court of Appeal decision in English v Thomas Sanderson (on the definition of harassment).

The sections on discrimination on the grounds of religion or belief, and sexual orientation have been revised and include the EAT decision in London Borough of Islington v Ladele (how to resolve an apparent conflict between the religion and belief regulations and the sexual orientation regulations).

The chapter on age discrimination includes the ECJ decision in Age Concern v Secretary of State for BERR (that the UK’s compulsory retirement age of 65 is capable of justification).

The comprehensive chapter on disability discrimination takes account of the House of Lords’ decision in SCA Packaging v Boyle (on the definition of disability)  and recent case law arising out of  the key decision of the House of Lords in London Borough of Lewisham v Malcolm.

Further revisions include the addition of a number of case studies. The book also contains revised details of the relevant financial limits on compensation, annual leave, parental payments, sickness payments etc. The chapters on maternity and other family-friendly rights have been simplified and updated to take account of changes to maternity and paternity leave, adoption and flexible working, Flowcharts at the end of chapters have been updated to take account of all recent changes. The book is up to date as at 31 October 2009.

Contents

The Contract of Employment
Termination of the Contract of Employment
Dismissal – Eligibility to Present a Statutory Claim
Redundancy Payments
Unfair Dismissal
Practice and Procedure, Settlements and Overlapping Claims
Transfer of Undertakings
Discrimination and Equal Pay
Direct Discrimination
Indirect Discrimination
Harassment and Victimisation
Age Discrimination
Disability Discrimination Act 1995
Maternity and Other Family-Friendly Rights
Human Rights, Monitoring and Data Protection