New PDF release: Employment LawCard 4ED (Lawcards)

By Cavendish

ISBN-10: 1859418767

ISBN-13: 9781859418765

Cavendish LawCards are whole, pocket-sized publications to key examinable components of the legislation for either undergraduate and PGDL classes. Their concise textual content, easy structure and compact layout make Cavendish LawCards the best revision relief for deciding upon, knowing, and committing to reminiscence the salient issues of every quarter of legislation.

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Additional resources for Employment LawCard 4ED (Lawcards)

Sample text

Genuine occupational qualifications These provide the employer with a possible defence if he can show that sex or race is a genuine occupational qualification, for example, the necessity for women to model bikinis. The sex or race of the post holder must be a required attribute and not a sham: see Tottenham Green Under Fives’ Centre v Marshall (No 2) (1991). It is not a genuine occupational qualification to employ only women in a female dress shop (Etam plc v Rowan 41 Cavendish LawCards: Employment Law (1989)) or only men in a men’s clothing shop (Wiley v Dee and Co (Menswear) Ltd (1978)).

However, the need to undertake compulsory competitive tendering is not an automatic defence: Ratcliffe v North Yorkshire CC (1995). Obviously, unlimited use of a market forces defence would totally undermine the 25 Cavendish LawCards: Employment Law effectiveness of the EPA – there will always, therefore, be a conflict between the purpose of the statute and market forces. Collective bargaining and separate pay structures These are not necessarily an automatic defence: British Coal Corp v Smith (1996); Enderby v Frenchay HA (1994).

Since 1994, employment tribunals have had the jurisdiction to hear termination of contract claims of up to £25,000, with some exceptions, such as covenants in restraint of trade Usual court rules and formalities apply No qualifying period No age limit No account is taken of the employee’s action contributing to dismissal Acts or omissions discovered after dismissal will be taken into account 55 Cavendish LawCards: Employment Law 1 Has a dismissal taken place? Yes 2 No Is the applicant qualified to make a claim?

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Employment LawCard 4ED (Lawcards) by Cavendish


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