EU Employment Law - A Practical Guide
Thorogood Publishing, July 2010, Pages: 200
This briefing effectively explains the practical impact of law, especially case law, from the European Court of Justice and distinguishes how this law works compared with the common law and UK legislation.
It is designed to allow for those who want a comprehensive overview but also for those who wish to ‘dip-in’ to a specific topic. This briefing is designed to be accessible and is targeted at employers, HR managers, legal advisors, students of employment law, and those that need to have a practical understanding about the origins, nature and detail of employment law that originates from the EU.
“This book is essential reading for anyone who needs clear and concise information on the practical effects of EU legislation in the workplace. The increased mobility of workers in the EU makes it more important than ever that EU employment legislation is understood, implemented effectively and businesses are compliant. All too often, people have found EU law inaccessible and unnecessarily complex, which is why Professor Leighton’s approach in this book is so refreshing and will be valuable to so many people.”
Preface
About the authors
List of abbreviations
1. INTRODUCTION
- The aims of this report
- UK employment law
- A summary
- What areas of HRM practice are most affected by EU employment law?
- Frequently asked questions (FAQ)
2. LAW MAKING IN THE EU (By Richard Owen)
- Introduction
- Soft law
- Challenging legislation
- Law processes
- Council presidency
- Legal base
- Consultative bodies
- Right of legislative initiative
- Legislative procedures – Special legislative procedure
- Legislative procedures – Ordinary legislative procedure
- Social dialogue – negotiating in the shadow of the law
- Delegated legislation – comitology
- The UK government is not enforcing EU employment law correctly.
- What can be done?
- Frequently asked questions
3. A BRIEF HISTORY OF THE EVOLUTION AND KEY FEATURES OF EU EMPLOYMENT LAW
- Introduction and overview of the scope and key directives
- The key areas for EU legislation
- The phases of development of law
- Question 1 – Why do we need EU employment law at all?
- Question 2 – What are the general features of EU employment law?
- How different are they from UK law?
- Question 3 – How interventionist should EU law be, especially the ECJ?
- Question 4 – What about traditional collective labour relations?
- Question 5 – Where are we now?
- Impact of EU employment law to date
- Impact on HR practice
- A postscript… the EES
- Question 6 – Why is this of relevance to HRM?
- Summary points
- The chapters on substantive areas of law
4. EQUAL TREATMENT OF MEN AND WOMEN
- UK law
- EU law
- Key case-law on EU equal pay provisions
- Equal treatment for men and women
5. PROTECTION OF OTHER GROUPS FROM DISCRIMINATION 55
Part A: Other protected groups
Part B: Atypical/non-standard working
Summary points
6. FAMILY-FRIENDLY MEASURES
- UK law
- EU legislation
- Case-law from the ECJ
- Implications for HRM
- Summary points
7. FREEDOM OF MOVEMENT
- The UK situation
- EU legislation
- The legislation itself
- Case-law from the ECJ
- Implications for HRM
- Summary points
8. HEALTH AND SAFETY AT WORK
- Traditional UK position
- EU health and safety law
- The key Directives
- Case-law from the ECJ
- Implications for HRM
- Summary points
9. MAKING BUSINESS CHANGES
- UK traditional approaches to change
- EU legislation
- Case law from the ECJ
- Acquired rights/transfer of undertakings
- ECJ case-law
- Implications for HRM
- Summary points
10. HELPFUL SOURCES
1. Websites
2. Books and articles
Liz Lynne MEP
- Vice President of the European Parliament’s Employment and Social Affairs Committee
- Liberal Democrat European Employment and Social Affairs Spokesperson
Professor Patricia Leighton is Emeritus Professor of Employment Law and former Jean Monnet Professor of European Law at the University of Glamorgan, Wales, UK. She was a Professor at the College of Europe from 1997 to 2005, for which she undertook a number of projects, in particular, dealing with the employment laws of EU applicant states. She has taught and undertaken research with a number of educational and governmental bodies in many EU member states and currently teaches European Law in France. She also writes on comparative aspects of law as a Visiting Academic at Monash University, Australia. Professor Leighton also works as a consultant and trainer for CAPITA Learning and Development, for whom she runs the PEEL Club (Personnel Experts in Employment Law), including hosting an annual Study Visit to EU institutions and law makers in Brussels. She also contributes to the seminars, policy development and publications of a number of organisations that support and advise ?exible workers, such as contractors and freelance workers. She is the author of several books on employment law and contributes to leading academic and practitioner journals. Her recent publications include Out of the Shadows: Managing Self-employed, Agency and Outsourced Workers (2007) with M Syrett, R Hecker and P Holland (Butterworth Heinemann) and Effective Recruitment: A Practical Guide to Staying within the Law(2nd Edition, 2009) (Thorogood Publishing). Professor Leighton is a member of the European Movement.
Richard Owen, who contributed Chapter 2 of this book, is Associate Head of the Law School at the University of Glamorgan. He is an established author in European Law having written texts on EU Law and Tort. He also writes and lectures for Law in a Box.
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