Book
xxxvi, 254 pages ; 24 cm
  • 1 The Aims of Equality Law The Equality Act 2010 The Act since 2010 A History of Bits and Pieces Meanings of Equality The Unitary Human Rights Perspective Respect for Equal Worth, Dignity and Identity as a Fundamental Human Right Eliminating Status Discrimination and Prejudice Consistent Treatment/Formal Equality Removing Barriers to Equal Treatment Equality of Opportunities, Capabilities, and Outcomes Fairness 2 Protected Characteristics Extent of Status Protection Age A Response to a 21st-century Challenge Balancing Individual Dignity with the Rights and Interests of Others Children Disability From Paternalism to Rights Definition of 'Disability' Race and Related Characteristics The Changing Context of Race Legal Definition of 'Ethnic Origin' National Origin and Nationality Caste Religion or Belief Sex and Related Characteristics Sex and Gender Gender Reassignment Pregnancy and Maternity Marriage and Civil Partnership Sexual Orientation 3 Prohibited Conduct Introduction Direct Discrimination Less Favourable Treatment Levelling Down Knowledge, Intention and Motivation 'Because of ' a Protected Characteristic Perception and Association Intersectional or Multiple Discrimination Justification of Direct Age Discrimination Indirect Discrimination Harmonisation Elements of the Tort Knowledge, Intention and Motive Justification Disability Discrimination Why Special Provisions? More Favourable Treatment Discrimination Arising from Disability Duty to Make Reasonable Adjustments for Disabled People Indirect Discrimination Harassment Victimisation 4 Work and Equal Pay Introduction Work General Scope Genuine Occupational Requirements Religious Requirements Mandatory Retirement Age Seniority Rules Equal Pay for Men and Women The Long Struggle for Equal Pay Relationship between Equality Clause and Sex Discrimination Claims Hypothetical Comparators Choice of Comparator Genuine Material Factor (GMF) Defence Collective Bargaining and Transitional Arrangements Discussions about Pay Gender Pay Gap Information Mandatory Equal Pay Audits 5 Services, Premises, Education, Associations, and Other Unlawful Acts Services and Public Functions General Scope Age Exceptions Constitutional Functions Armed Forces and Security Services Immigration Functions Religion or Belief Exceptions Separate, Single-Sex, and Single-Group Services Health and Care Insurance Broadcasting Sport Premises Education Exceptions Relating to Marriage etc, and Age Exceptions Relating to Harassment Exceptions Relating to Religion or Belief Exception Relating to Single-Sex Institutions Associations Private Clubs Political Parties Other Unlawful Acts Liability of Employers and Principals Liability of Employees and Agents Instructing, Causing or Inducing Contraventions Aiding Contraventions 6 Advancement of Equality Changing Organisational Policy and Behaviour Positive Action General Exception Relating to Positive Action Measures Recruitment and Promotion Political Parties Charities Public Sector Equality Duty Purpose The General and Specific Duties Engagement Contract and Subsidy Compliance What Is Meant by 'Having Due Regard'? Which Authorities Are Covered? Enforcement Review of the PSED 7 Enforcement The Equality and Human Rights Commission A Single Commission Structure and Management of the Commission General Powers and Duties Human Rights Enforcement Powers Support for Individuals and the Provision of Conciliation Resources Individual Enforcement County and Sheriff Courts Employment Tribunals Limiting Accessibility Decline of Tripartism Representative Actions Equal Pay Procedure Legal Assistance Burden of Proof Time Limits Conciliation and Mediation Compensation Recommendations 8 An Appraisal Harmonisation: Too Little or Too Much? Changing Organisational Policy and Behaviour Improving Enforcement Limits of Law: Poverty and Disadvantage Law and Politics.
  • (source: Nielsen Book Data)9781849466394 20160618
The second edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first four years of its implementation by the Coalition Government and in the courts. This includes an assessment of amendments to the legislation, the reduction in the powers and budget of the Equality and Human Rights Commission and the imposition of tribunal fees, as well as a discussion of possible future directions of equality law and policy. From the Foreword to the first edition by Lord Lester of Herne Hill QC 'This is no ordinary law book, and its author is no ordinary lawyer. The book, like the Equality Act 2010 which it describes and discusses, is a major landmark in the long struggle for effective legal protection of equal rights and equal treatment without direct or indirect discrimination. It places the law in its political, economic and social context and traces its often contested and controversial legal history...'. '...the first in-depth academic analysis of this complex and wide-ranging legislation...sure to be one of the leading points of reference for future scholars. The book is very well written in a style that happily blends accessible and captivating commentary with perceptive insight and reflection...a valuable introduction to the field. At the same time, there is a richness and depth that will make this book stimulating for the specialists in equality law, whether academic or practitioner'. Mark Bell, Social and Legal Studies ' ...admirably fulfils the aim of informing the general reader as well as students of law and social sciences, human rights activists and lawyers. It will also be essential reading for all those who want to understand the past, present and future of discrimination law'. Maleiha Malik, Industrial Law Journal.
(source: Nielsen Book Data)9781849466394 20160618
Law Library (Crown)
Book
xxiv, 199 p. [8] p. of plates : ill., ports. (some col.) ; 24 cm
It is November 1963. The white police state has captured almost all the underground leaders of the struggle against apartheid, including Nelson Mandela, and put them on trial on charges that carry the death penalty. Bob Hepple, a 29-year-old lawyer, is making his hazardous escape from South Africa into Bechuanaland, the neighbouring British Protectorate, in order to avoid being called as a state witness. He has acted as Mandela's legal adviser and has been a lifeline to the underground leaders, with whom he was arrested on 11 July 1963 at Liliesleaf Farm, Rivonia, and detained without trial. He has managed, in Mandela's words about him, to 'outwit the enemy', and now faces the bitter revenge of Dr Yutar, the state prosecutor. In this memoir of these dramatic events, Bob Hepple throws fresh light on the character of Mandela and other leaders and on the controversies surrounding the emergence of the South African Communist Party and its 'secret' resolution in December 1960 to begin the armed freedom struggle. There is a first-hand account of Mandela's period as the 'Black Pimpernel', his 1962 trial for incitement, and of the Rivonia raid in 1963. He gives a graphic account of the psychological effects of interrogation in solitary detention without trial, and of the difficult personal choices he had to make. Bob Hepple tells his story against the background of the experiences of his childhood and youth in a racist society. These experiences led him - described by a pro-government newspaper as 'a young man with a red tie' - to play a role as a student activist against racial segregation in the universities, an adviser and assistant to the virtually illegal multi-racial trade unions, a lawyer defending political victims of the police state, and to a lifetime fighting for human rights.
(source: Nielsen Book Data)9781431407842 20160612
Green Library
Book
104 p. : ill., facsims., ports. ; 23 cm.
Green Library
Book
xxxviii, 209 p. ; 24 cm.
  • 1. The Aims of Equality Law 2. Protected Characteristics 3. Prohibited Conduct 4. Work and Equal Pay 5. Services, Premises, Education, Associations, and Other Unlawful Acts 6. Advancement of Equality 7. Enforcement 8. An Appraisal.
  • (source: Nielsen Book Data)9781849461078 20160605
The Equality Act 2010 is a major landmark in the long struggle for equal rights. This book tells the story of how and why it came to be enacted, what it means, what changes it can bring about in British society, and - no less important - what the Act will not do. The Act is the outcome of over 13 years of research, public debate and campaigning, starting with the publication of Equality: A New Framework. Report of the Independent Review of the Enforcement of UK Anti-Discrimination Legislation by Bob Hepple, Mary Coussey and Tufyal Choudhury (Hart Publishing, 2000). The aim of this book is to examine the aims and structure of the new legal framework and to assess the Act against goals of reform set by the earlier review: harmonising and extending the law on status equality; widening the areas of unlawful conduct; changing organisational policy and behaviour including positive duties to advance equality; and improving enforcement of the law. The book will be essential reading for anyone who wants to understand the Act and the wider context of equality law, including students of law and social sciences, human rights activists and lawyers, as well as the general reader.
(source: Nielsen Book Data)9781849461078 20160605
Law Library (Crown)
Book
xxiv, 145 p. : ill. ; 30 cm.
  • Why a new framework is needed: challenges to the present framework - outdated legislation, the law of the European Union, devolution, the Human Rights Act 1998, summary-- the changing face of discrimination and disadvantage: social structure and attitudes, the labour market and unemployment, the gender pay gap, discrimination-- changed social and employment practices-- towards a new framework. Harmonising legislation and institutions: a single statute? - defects of the present framework, how to harmonise-- principles-- the concepts of equality and discrimination - direct discrimination, victimisation, knowledge, intention and motivation, indirect discrimination, equality of opportunity, fair participation and fair access, interpretative principles-- justification of discrimination - direct discrimination, disability discrimination, genuine occupational qualification, reasonable adjustments, positive action-- harassment and bullying-- grounds of discrimination - general considerations, specific grounds-- harmonising or merging the commissions - a single commission?, structure of a single commission. Changing organisational policy and behaviour: regulatory strategies-- duty on public authorities to promote equality - purposes, principles, scope, equality schemes, which authorities and functions?, enforcement-- employment equity - lessons from the USA, Northern Ireland, a scheme for Britain-- pay equity - introduction, EOC and TUC proposals, the Ontario Pay Equity Act, enforcement of pay equity schemes, relationship of pay equity to individual right, pay comparisons-- contract and subsidy compliance - meaning, practice in Britain, Northern Ireland, objections and justifications, restrictions under EC law, proposals. Making procedures and remedies more effective: specialisation and training - a specialist division?, training of chairmen, lay members, the title of "chairman"-- jurisdiction - employment appeal tribunal and county and sheriff courts - transfer of cases to the Employment Appeal Tribunal, county and sheriff court cases-- pre-hearing matters - unmeritorious cases, interlocutory hearings, questionnaire procedure, class actions and group litigation, equal pay claims-- the hearing - length of hearings, legal help and representation, burden of proof-- time limits-- remedies - compensation, exemplary (punitive) and aggravated damages, reinstatement and re-engagement, power to make recommendations, interim relief-- costs-- conciliation, mediation and arbitration. Appendices: findings from employer case studies-- legislation-- comparison of legislation-- consultations and interviews-- selected bibliography-- research team, advisory committee and panel of experts-- working papers.
  • (source: Nielsen Book Data)9781841131597 20160528
The need for a legislative framework for ensuring equality of opportunity is not seriously questioned in the UK. However, despite the presence on the Statute book of various significant pieces legislation dating back to the mid 1970s, there remain deep-seated structural disadvantages which blight the lives of many women, Black and Asian people, and disabled persons. The Stephen Lawrence inquiry report highlighted the presence of institutionalised racism in the police. Similar barriers can also be found in other public services and in private sector organisations. There are also insistent demands for the extension of legislation to cover discrimination on other grounds such as religion, age and sexual orientation. Discriminatory behaviour cannot be remedied by legislation alone, or simply by the actions of government, courts and tribunals and Commissions. Political and social leadership, customer and peer pressure, the development of good practices and campaigning all have a crucial part to play. Employers, trade unions, social organisations and clubs, service providers and individuals all have to take voluntary action to achieve the goals of the legislation. One thing that is clear is that the present legislation is badly in need of modernisation. The present acts are outdated, piecemeal and inconsistent. They fall short of the standards set by EU law, international human rights law, and the Human Rights Act. In writing this report, the authors set out to develop an accessible and cost-effective legislative framework for ensuring equality of opportunity, and to propose other measures which will promote equal opportunity policies and spur compliance with those policies. In the course of preparing the report they have considered experience in other countries. They have heard from many individuals and organisations who have either experienced the effects of discrimination or attempted to counter it. They conducted a survey of employers in Britain, Northern Ireland and the USA, which shows that human resource managers are looking for a new more inclusive approach not only to prevent discrimination but also to provide positively for the fair participation of all groups. These views, together with those of an advisory group drawn from government, the Commissions, and tribunals, as well as a panel of academic and practising lawyers, form the backdrop to the recommendations contained in this report. Coming at a time when the Government is committed to introducing new equality legislation the report is bound to be highly influential. It will be essential reading for all those interested in human rights, discrimination and employment law, and human resources management. TABLE OF CONTENTS Introduction - Aims and Methodology Ch. 1 - Why a new famework is needed Ch. 2 - Harmonising legislation and institutions Ch. 3 - Changing organisational policy and behaviour Ch. 4 - Making procedures and remedies more effective Appendices The research was sponsored by the Joseph Rowntree Charitable Trust and the Nuffield Foundation, and was conducted under the auspices of the Centre for Public Law and the Judge Institute of Management Studies in the University of Cambridge.
(source: Nielsen Book Data)9781841131597 20160528
Law Library (Crown)
Book
xxiii, 302 p. ; 24 cm.
  • 1. Does Transnational Labour Regulation Matter? 2. The Effectiveness of International Labour Standards. 3. Privatising Regulation: Codes, Agreements and Guidelines. 4. Unilateral Social Clauses. 5. Social Clauses in Bilateral and Regional Agreements. 6. The WTO and Social Clauses. 7. Labour Laws Beyond Borders. 8.Negative and Positive Harmonisation in the EU. 9. New Methods of Integration in the EU. 10. The Comparative Advantages of Labour Laws.
  • (source: Nielsen Book Data)9781841131870 20160528
The focus of globalisation studies is on how global processes can be better regulated in order to deliver both economic growth and social justice. Labour laws provide an excellent case study of the creation of a new framework to reconcile free trade and investment with social objectives. This book, written by a leading authority on international and comparative labour law, provides a thoughtful and comprehensive analysis of the new methods of transnational labour regulation that are emerging in response to globalisation. The author reassesses orthodox views, from the viewpoint of a theory of comparative institutional advantage, and suggests ways in which transnational regulation can be re-invented in the new global economy This will be of interest to students of law, human rights, industrial relations, globalisation, international trade and development, as well as policy-makers in international and regional organisations, governments, employers' bodies, trade unions and NGOs.
(source: Nielsen Book Data)9781841131870 20160528
Law Library (Crown)
Book
310 p. ; 25 cm.
  • Introduction: general features-- definitions and notions-- the historical background-- the role of governmental institutions in the shaping and administration of labour law and industrial relations policy-- industrial tribunals and courts-- source of labour law-- private international labour law. Part 1 The individual employment relationship: formation of the relationship-- the sources of terms of the contract of employment-- the duties of co-operation, fidelity and care-- working time and holidays-- remuneration and benefits-- incapacity for work-- job security-- discrimination-- competition by former employees-- inventions by employees. Part 2 Collective labour relations: trade union freedom-- trade unions and employers' association-- workers' participation in the enterprise-- collective bargaining-- industrial action.
  • (source: Nielsen Book Data)9789065446411 20160528
As events move quickly in British labour law, there was a need for a second edition of "Labour Law and Industrial Relations in Great Britain". It provides a concise introduction to labour law in the context of British industrial relations. Part I deals with the Individual Employment Relationship, inlcuding the effect of labour market changes on legal definitions of the relationship, working time, remuneration, incapacity, job security and discrimination. There are brief accounts of the law on competition by former employees and inventions by employees. Part II discusses collective labour relations and the law, including such topical subjects as trade union freedom, the liability of trade unions in tort, workers' participation, and trends in collective bargaining. The book should be of interest to students of labour law and industrial relations and may be used as a main text for students of other disciplines studying labour law as an ancillary subject. It also provides a useful guide to trade unionists, personnel managers and the general reader who wish to understand the framework of legal intervention in industrial relations. This book was originally published as a monograph in the "International Encyclopaedia for Labour law and Industrial Relations", and is updated to 1 January 1992.
(source: Nielsen Book Data)9789065446411 20160528
Law Library (Crown)

9. Employment law [1979]

Book
xlvii, 396 p. ; 25 cm.
Law Library (Crown)
Book
xxv, 331 p. 25cm.
SAL3 (off-campus storage)
Book
xxv, 331 p. ; 25 cm.
Law Library (Crown)
Book
xxiii, 203 p. ; 25 cm.
SAL3 (off-campus storage)
Book
221 p. 23 cm.
Law Library (Crown)
Book
343 p. 20 cm.
SAL3 (off-campus storage)
Book
343 p. 20 cm.
Law Library (Crown)
Book
255 p. 25 cm.
SAL3 (off-campus storage)
Book
x, 256 p. 25 cm.
SAL1&2 (on-campus shelving)
Book
x, 256 p. ; 25 cm.
Law Library (Crown)
Book
xxi, 273 p. ; 24 cm.
  • List of contributors-- Acknowledgements-- List of abbreviations-- Table of cases-- Introduction Bob Hepple-- Part I. Responses to Globalisation: 1. Common law, labour law, global law Lord Wedderburn-- 2. The interaction of the ILO, the Council of Europe and European Union labour standards Paul O'Higgins-- Part II. The Potential of Fundamental Social Rights in the European Union: 3. The Politics of the EU Charter of Fundamental Rights Manfred Weiss-- 4. Market freedom and fundamental social rights Silvana Sciarra-- 5. Corporate governance, European governance and social rights Catherine Barnard and Simon Deakin-- Part III. Constitutionalisation and Enforcement of Social Rights: Some Comparisons: 6. Social rights as fundamental human rights Ivan Hare-- 7. The legal efficacy and significance of fundamental social rights: lessons from the European experience Antoine Lyon-Caen-- 8. An American perspective on fundamental labour rights Cynthia L. Estlund-- 9. The impact of fundamental social rights on Japanese law Takashi Araki-- 10. Enforcement: the law and politics of cooperation and compliance Bob Hepple-- Index.
  • (source: Nielsen Book Data)9780521818810 20160528
The active pursuit of social and labour rights is seen as a crucial response to globalization. These essays, written by leading scholars from the UK, Ireland, France, Germany, Italy, Japan and the USA, question the effectiveness of the rhetoric of rights such as those to decent work and security, equal opportunity, adequate food and housing, and healthcare. The authors examine emerging approaches in several European countries, Japan, and the USA and in codes of practice of multinational companies. Attempts by the International Labour Organization to promote core rights and decent work, and techniques of enforcement at regional level by the EU and NAFTA receive special attention.
(source: Nielsen Book Data)9780521818810 20160528
Law Library (Crown)
Book
xiv, 412 p. ; 24 cm.
Law Library (Crown)

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