Lecture ILecture ILabour Law: Labour Law: IntroductionIntroduction

Dr Katarzyna Gromek Dr Katarzyna Gromek BrocBroc

York Law SchoolYork Law School

Principles and Framework Principles and Framework of Labour Law Lawof Labour Law Law

• Presentation and teaching methodsPresentation and teaching methods• Programme of lecturesProgramme of lectures• Mutual expectations and Mutual expectations and

requirementsrequirements• Political and historical contextPolitical and historical context• Recent legislationRecent legislation• Introduction to Employment LawIntroduction to Employment Law• Labour Law Sources Labour Law Sources • Labour Law InstitutionsLabour Law Institutions

Lecture OutlineLecture Outline

• I: Individual Employment LawI: Individual Employment Law• Contract (Variations of Contract of Contract (Variations of Contract of

employment)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 Framework of Employment LawEmployment Law

• Political and historical contextPolitical and historical context• Introduction to Employment LawIntroduction to Employment Law• A) employment relationship, individual A) employment relationship, individual

and collective rightsand 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 Political and historical ContextContext• Labour Law as a discipline:Labour Law as a discipline:

• Hepple: ‘ Labour Law stems from the Hepple: ‘ Labour Law stems from the idea of the subordination of the individual idea of the subordination of the individual worker to the capitalist enterprise’worker to the capitalist enterprise’

• Subject divided private law and public Subject divided private law and public law:law:

• between common law and legislationbetween common law and legislation• Labour Law: highly influenced by Labour Law: highly influenced by • - societal changes (sociology)- societal changes (sociology)• - political configuration- political configuration• - economics- economics

Historical contextHistorical context

• 1: Collective organisation and 1: Collective organisation and common lawcommon law• ( common law ( common law hostile to collective organisation hostile to collective organisation

of workers: criminal law, tort: later statutory of workers: criminal law, tort: later statutory intervention created immunity from the intervention created immunity from the common law common law liabilityliability) ) 1799 and 1800 The 1799 and 1800 The Combination Acts imposed a general ban on Combination Acts imposed a general ban on combinationscombinations

• 1985 Act: Criminal Sanctions on Picketing1985 Act: Criminal Sanctions on Picketing• 2: Relaxation in on collectivism 1870-1906: 2: Relaxation in on collectivism 1870-1906:

Trade Dispute Immunity to cover some Trade Dispute Immunity to cover some economic Tortseconomic Torts

Historical ContextHistorical Context

• 3. 1906-1950: Rising of Trade Unions since 3. 1906-1950: Rising of Trade Unions since 1905-1914 the membership doubled 1905-1914 the membership doubled reaching 8.5 million by 1920.reaching 8.5 million by 1920.

• 4. Collective laissez-faire 19504. Collective laissez-faire 1950• 1954 Khan Freund ‘There is perhaps no 1954 Khan Freund ‘There is perhaps no

major country in the world in which the law major country in the world in which the law has played less significant role in shaping has played less significant role in shaping of labour relations than in Great Britain’of labour relations than in Great Britain’

• 5: Employment Relations and Social 5: Employment Relations and Social LegislationLegislation

History of labour lawHistory of labour law

• Industrial revolution and the origins Industrial revolution and the origins of labour lawof labour law

• Collective Laissez-faireCollective Laissez-faire• Development of Individual Employee Development of Individual Employee

rightsrights• Thatcherism and the assault on Thatcherism and the assault on

collectivismcollectivism

Sources of Labour LawSources of Labour Law

• Common LawCommon Law• LegislationLegislation• Collective BargainingCollective Bargaining• Transnational Labour Standards and Transnational Labour Standards and

EU LawEU Law

Courts and TribunalsCourts and Tribunals

Contract Contract

• County Court, High Court, Court of County Court, High Court, Court of Appeal, (before House of Lords) now Appeal, (before House of Lords) now Supreme CourtSupreme Court

Statute and some contractStatute and some contract• ETs, EAT, Court of Appeal, (House of ETs, EAT, Court of Appeal, (House of

Lords) Supreme CourtLords) Supreme Court

English Employment Law English Employment Law InstitutionsInstitutions

• Advisory Conciliation and Arbitration Advisory Conciliation and Arbitration Service (ACAS)Service (ACAS). It has the general duty . It has the general duty of promoting the improvement of of promoting the improvement of industrial relations.industrial relations.

• Central Arbitration Committee Central Arbitration Committee (CAC)(CAC). It adjudicates on applications . It adjudicates on applications relating to the statutory recognition of relating to the statutory recognition of trade unionstrade unions

• Certificate Officer Certificate Officer (dealing with (dealing with complaints from the trade union complaints from the trade union members)members)

InstitutionsInstitutions

• Information Commissioner (2000) Information Commissioner (2000) oversees compliance with the Data oversees compliance with the Data Protection Act 1998Protection Act 1998

Commission for Equality and Human Commission for Equality and Human Rights: replaces the three Commissions Rights: replaces the three Commissions below Equality Act 2006)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 todayLegislation 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 Trade Unions Labour Relations

(consolidation) Act 1992 (TULR(c)A(consolidation) Act 1992 (TULR(c)A