Deakin and Morris’ Labour Law

Deakin and Morris' Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market. The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action.The seventh edition of Deakin and Morris' Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject.This title is included in Bloomsbury Professional's Employment Law online service.

1. Introduction: History, Sources, and Institutions of Labour Law Labour Law: The Scope and Nature of the Subject Historical Development Sources of Labour Law Institutions of Labour Law 2. The Employment Relationship Introduction Contract or Status? The Hiring Process Identifying Dependent Labour Quasi-dependent Labour Public Sector Employment Continuity of Employment, Qualifying Thresholds, and Equality of Treatment for Fixed-term, Part-time and Agency Workers Identifying the Employer Transfers of Undertakings Assessment 3. Terms of Employment and Working Conditions Introduction Sources of Contractual Terms and Conditions Written Notification of Terms Construction, Incorporation and Variation of Terms Payment of Wages and Salaries Working Time Health and Safety and the Working Environment Duties of Obedience, Co-operation and Care Duties of Fidelity, Confidentiality and Privacy Income Security: Sick Pay and Lay-off Assessment 4. Discipline and Termination of EmploymentIntroduction Theoretical Underpinnings of Dismissal Protection Wrongful Dismissal Unfair Dismissal: Scope of Protection Fairness of Dismissal Remedies for Unfair Dismissal Economic Dismissals Assessment 5. Equality in Employment Introduction The Origins and Historical Development of Equality Law The Meaning of Equality Protected Characteristics Discrimination and Related Forms of Prohibited Conduct Exceptions and Defences Work-Life Balance Legislation Disability Discrimination Discrimination in Relation to Employment: Issues of Scope Enforcement Positive Action Equal Pay Assessment 6. Collective Organisation and Freedom of AssociationIntroduction The Rationale and Role of Collective Organisation International Standards Relating to Collective Organisation Legal Policy Relating to Collective Organisation Basic Definitions and Concepts Protection of Trade Union Membership and Activities in Relation to Employers Facilities for Trade Union Representatives and Trade Union Activities Union Membership and Deductions from Workers' PayAssessment: The Changing Role of Trade Unions in Contemporary Society 7. Collective Bargaining, Trade Union Recognition, and Statutory Information and Consultation Rights Introduction Collective Bargaining and Union Recognition Statutory Rights of Information and Consultation Employee Involvement at Transnational Level Assessment 8. Trade Unions and their Members Introduction The Contract of Membership Statutory Rights: An Overview Rights Relating to Union Membership and Discipline Trade Union Elections Trade Union Expenditure for Political Purposes Assessment 9. Industrial Action Introduction Industrial Action: Role, Rationale and International Standards Legal Policy Relating to Industrial Action: An Overview Liability in Tort The Liability of Trade Unions The Scope of Statutory Immunity Industrial Action Ballots and Notice to Employers Civil Law Remedies Industrial Action and EU Law Picketing 'Essential Services' and Emergency Powers Industrial Action and Contractual Rights Industrial Action and Individual Employment Rights Industrial Action and the Rights of Union Members