LECTURE 1

LECTURE 1Introduction and Status (1)

SOURCES OF EMPLOYMENT LAW

Common law Statute

Employment Rights Act 1996, Employment Relations Act 1999, Equality Act 2010.
Statutory instruments

European Community law
Treaty Articles, Directives, Regulations and Decisions.

Marshall v Southampton and SW Hants Health Auth. (C-152/84) Factortame v Secretary of State for Transport [1990] 2 AC 85 (HL). Francovich v Italy (C-6&9/90)
COURTS AND TRIBUNALS
Generally, Pitt, Ch 1

Ordinary courts

Employment (formally Industrial) tribunals
Unfair dismissal
Redundancy
TU rights
Wage deductions
Discrimination (in employment)
Balloting

Employment Appeal Tribunal (EAT)

STATUS (1)
Pitt (9th edn), Ch 3.

Jones (3rd edn), Ch 13
What is meant by ‘status’
Why make the distinction
Who is an Employee
Employment Rights Act 1996, 230:

(1) In this Act ’employee’ means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

(2) In this Act ‘contract of employment’ means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing.