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Employment Law

Published on Dec 02, 2015

Employment Law Primer

PRESENTATION OUTLINE

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Sources

.
Domestic

EU

Common Law

Constitution

The Employment Contract

Terms and Conditions

Different Pieces of Legislation

Minimum Notice

Terms of Employment

Organisation of Working time

Payment of Wages Act 1991
Mational Minimum Wage Act 2000
Partime Workers Act 2001

Fixed Term Workers Act 2003

Legislation for Young people

Employment Permits Act 2003-2006

Restaurant Hussein Case

Protection of Employees (Temporary Agency Work) Act 2012

Role of Whistleblowing

Vetting legislation - working with children


Health and Safety

Safety, Health and Welfare at work Act 2005

Dealing with compliance of legislation that is designed to prevent injury and fatalities in the workplace.

Mainly labour intensive occupations in the agriculture, fisheries, industry

We will look at the case law relating to when an employer has breached his/her duty of care to an employee - not just in terms of physical well being but also mental -as well Curran v Cadbury

OTHER LEGISLATION

Occupiers Liability Act 1995
Public Health (Tobacco) Acts 2002 -2004

Bullying

Bullying
Harassment
Sexual Harassment
Stress

Corporate Bullying

Dignity at Work Charters

Harassment

The Hatton case - for stress

Murtagh v Minister of Defence

Leave

Human Resources


Holiday leave
Public Holidays
Maternity
Parental Leave
Carer's Leave
Adoptive Leave
Sick leave
Leave for Jury Service

Equality

law on Equality

European legal context Article 119

Anti Discrimination Act 1974

Employment Equality Act 1977

Employment Equality Acts 1998-2011

S6 of 1998 Act
9 grounds;
Gender
Civil status
Family status
Sexual Orientation
Religion
Age
Disability
Race
Membership of the Traveller Community


And the relevant case law -

THE END ?

Here we look at the ramifications of

Resigning
Dismissal

Redundnacy and Entitlements

Getting a reference

De briefing and leaving

The Unfair Dismissals Acts 1977 - 2007

how to sack someone properly

and we'll also be looking at the case law where employers get it badly wrong.

Other ways !

Mediation

Adjudications

Stayting out of Court

Huge emphasis on non- judicial and extra -judical forms of redress.

Role of conflict managment/ conflict prevention

and the new guidelines in the new Workplace Commission remit.

40% / 60%

ASSESSMENT

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