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European Employment Law

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.

Overview

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.”

Liz Lynne MEP

Vice President of the European Parliament’s Employment and Social Affairs Committee
Liberal Democrat European Employment and Social Affairs Spokesperson

Content

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

The authors

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 flexible 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 (www.lawinabox.tv).

Continuing professional development

This course qualifies for the following CPD programmes:

  • CPD certificate of attendance: 4.00 hours

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