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xvii | |
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Table of primary legislation |
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liii | |
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Table of secondary legislation and codes |
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lxiv | |
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Table of European legislation |
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lxxi | |
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Table of international legislation |
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lxxiii | |
Acknowledgements |
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lxxiv | |
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PART I INTRODUCTION AND SOURCES AND INSTITUTIONS OF EMPLOYMENT LAW |
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1 Introduction To Employment Law |
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2 | (23) |
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2 | (4) |
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1.2 Introduction to key issues and themes in employment law |
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6 | (19) |
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2 Sources And Institutions Of Employment Law |
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25 | (37) |
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2.1 Introduction to the sources and institutions of employment law |
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25 | (4) |
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2.2 Formal and informal sources of employment law |
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29 | (11) |
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2.3 Institutions of employment law |
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40 | (15) |
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2.4 Human rights law and international labour standards |
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55 | (7) |
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PART II THE CONSTITUTION OF EMPLOYMENT AND PERSONAL WORK CONTRACTS |
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3 The Employment Relationship And The Contract Of Employment |
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62 | (41) |
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3.1 Analysis of the employment relationship and the contract of employment |
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62 | (17) |
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3.2 Identifying and classifying the contract of employment |
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79 | (18) |
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3.3 Illegality of the contract of employment |
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97 | (6) |
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4 Alternative Personal Work Contracts And Relations |
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103 | (41) |
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4.1 Introduction to atypical working and labour market flexibility |
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103 | (8) |
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4.2 The `worker' contract and the `contract personally to do work' |
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111 | (19) |
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130 | (10) |
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4.4 Final evaluation of the law of alternative personal work contracts and relations |
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140 | (4) |
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PART III THE CONTENT OF THE PERSONAL EMPLOYMENT CONTRACT |
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5 The Nature And Content Of The Personal Employment Contract |
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144 | (24) |
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5.1 The nature and content of the personal contract of employment |
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144 | (6) |
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5.2 Filling in the content of the personal contract of employment: express, imposed, and implied terms, and custom and practice |
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150 | (18) |
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6 The Implied Terms Of The Personal Employment Contract |
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168 | (63) |
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6.1 The role played by the implied terms |
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168 | (7) |
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175 | (33) |
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208 | (23) |
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7 The Variation And Suspension Of The Personal Employment Contract |
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231 | (23) |
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231 | (1) |
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7.2 Variation of the personal contract of employment |
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232 | (14) |
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7.3 Suspension of the personal contract of employment |
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246 | (8) |
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PART IV STATUTORY EMPLOYMENT RIGHTS |
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254 | (55) |
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8.1 An examination of the statutory regulation of pay and working time |
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254 | (11) |
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8.2 Statutory wage regulation |
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265 | (18) |
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8.3 Working time regulation |
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283 | (26) |
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309 | (39) |
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9.1 Contextual analysis of work--life balance |
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309 | (8) |
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9.2 Protection of birth, pregnancy, and maternity |
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317 | (12) |
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9.3 Work--life balance protections |
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329 | (19) |
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10 Introduction To Employment Equality Law |
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348 | (61) |
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10.1 Contextual analysis of employment equality law |
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348 | (17) |
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10.2 An evaluation of prohibited conduct |
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365 | (44) |
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11 The Protected Characteristics |
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409 | (65) |
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11.1 Contextual analysis of the protected characteristics |
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409 | (12) |
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11.2 An assessment of the protected characteristics |
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421 | (28) |
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11.3 Positive discrimination |
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449 | (6) |
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11.4 Evaluating the genuine occupational requirements exception |
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455 | (8) |
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11.5 Liability and enforcement |
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463 | (11) |
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12 Disability Discrimination |
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474 | (47) |
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12.1 Contextual analysis of disability discrimination law |
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474 | (9) |
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12.2 The definition of disability |
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483 | (14) |
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12.3 Prohibited conduct and the duty to make reasonable adjustments |
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497 | (23) |
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12.4 Final assessment of disability discrimination law |
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520 | (1) |
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13 Part-Time And Fixed-Term Work |
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521 | (28) |
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13.1 Contextual analysis of part-time and fixed-term work |
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521 | (6) |
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13.2 The regulation of part-time work |
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527 | (13) |
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13.3 The regulation of fixed-term work |
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540 | (9) |
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549 | (37) |
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14.1 Contextual analysis of equal pay law |
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549 | (8) |
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14.2 Equal `pay' and the sex equality clause |
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557 | (19) |
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14.3 The `material factor' defence |
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576 | (10) |
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PART VI COMMON LAW AND STATUTORY REGULATION OF DISMISSALS |
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586 | (29) |
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15.1 Introduction to the termination of the contract of employment and wrongful dismissal |
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586 | (5) |
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15.2 Dismissal and breach of the contract of employment at common law |
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591 | (10) |
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601 | (14) |
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16 Introduction To Unfair Dismissal And Substantive Fairness |
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615 | (66) |
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16.1 Contextual and historical introduction to unfair dismissal law |
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615 | (11) |
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16.2 Examining the architecture of Part X of the ERA |
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626 | (40) |
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16.3 The substantive fairness of the dismissal |
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666 | (15) |
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17 Procedural Fairness And Remedies |
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681 | (46) |
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17.1 Introduction to the procedural fairness of a dismissal |
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681 | (9) |
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17.2 The applicable standards of procedural fairness |
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690 | (23) |
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713 | (11) |
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17.4 Final evaluation of the unfair dismissal regime |
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724 | (3) |
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727 | (37) |
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18.1 Introduction to statutory redundancy protection |
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727 | (8) |
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18.2 Definition of redundancy and statutory rights |
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735 | (16) |
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18.3 Procedural fairness: pools, selection criteria, and consultation |
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751 | (13) |
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PART VII BUSINESS REORGANIZATIONS, CONSULTATION, AND INSOLVENCY |
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19 Transfers Of Undertakings |
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764 | (46) |
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19.1 An introduction to the regulation of transfers of undertakings |
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764 | (9) |
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19.2 Evaluation of the concept of a `relevant transfer' |
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773 | (15) |
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19.3 Legal implications of a `relevant transfer' |
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788 | (17) |
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19.4 Information and consultation obligations and other obligations |
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805 | (5) |
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20 Collective Redundancies |
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810 | (34) |
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20.1 An introduction to information and consultation on collective redundancies |
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810 | (5) |
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20.2 An introduction to Chapter II of Part IV of TULRCA |
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815 | (14) |
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20.3 The nature and extent of the statutory information and consultation obligations |
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829 | (6) |
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20.4 The protective award and notification requirement |
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835 | (6) |
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Online Resources Chapter A Information, Consultation, Participation, and Insolvency |
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841 | (3) |
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PART VIII COLLECTIVE LABOUR LAW |
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Online Resources Chapter B Introduction to Trade Unions, Status, Listing, and Independence, and Members' Rights and Protection |
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844 | (1) |
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Online Resources Chapter C Recognition of Trade Unions, Collective Bargaining, and Industrial Democracy |
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845 | (1) |
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Online Resources Chapter D Industrial Action and Statutory Immunities |
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846 | (1) |
Glossary |
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847 | (10) |
Index |
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857 | |