Fairness at Work? The disciplinary and grievance provisions of the 1999 Employment Relations Act by Mike Clancy and Roger Seifert

The Employment Relations Act 1999 introduced a statutory right for workers to be accompanied at disciplinary and grievance hearings. To supplement the Act, ACAS released a new Code of Practice on Disciplinary and Grievance Procedures which updates existing ACAS guidelines and explains how the statutory right to be accompanied should operate.
But what does the right to accompany mean? What if the employer does not have a grievance or disciplinary procedure? What does ‘natural justice’ amount to in a disciplinary hearing? Can a grievance be taken on any issue relating to employment? This publication, written by two experts in the field, considers the nature of ‘rights’ at work and looks in some detail at how the new law and Code of Practice will operate in the workplace.

Fairness at Work? The disciplinary and grievance provisions of the 1999 Employment Relations Act; Mike Clancy and Roger Seifert; A5; 64pp; ISBN 1 873271 83 2; Price for trade unions and subscribers £6.50, others £20; November 2000

Social Justice and Economic Efficiency published in association with the Cambridge Journal of Economics

Labour market deregulation is part of the neo-liberal economic experiment that has dominated the political agenda over the past two decades. This agenda has encouraged the growth of the 'flexible' labour market and placed at centre stage the concept of the management's right to manage.
But has this agenda led to improvements in economic efficiency or social justice? According to this report the answer to both must be no. Productive inefficiency often results from managerial inadequacies, the results of which are often reflected in the intensification of work, reduced terms and conditions, redundancies and unemployment. Boosting management's right to manage not only allows greater scope for these inadequacies but can also make things worse by reducing workplace co-operation and creating conflict.

According to this report, what is required is no less than a revolution in economic theory and policy. The collection of authors contributing to this authoritative work cover most areas of economic policy relevant to the labour market including welfare provision, workplace skills, welfare to work programmes, management techniques, workplace organisation and the implication of corporate restructuring.

Social Justice and Economic Efficiency; 248×176mm; 166pp; ISBN 1 873271 82 4; Price for trade unions and subscribers £8, others £30; October 2000

Challenging Disability Discrimination at Work by Mary Stacey and Andrew Short

2nd December 2000 will be the fourth anniversary of the coming into force of the employment provisions of the Disability Discrimination Act 1995 (DDA). The DDA was seen as a long overdue measure to give disabled people legally enforceable rights. This publication reviews the operation of that Act by analysing the case law that has developed over the period since the Act was first introduced. We look at the meaning of disability, the scope of the protection offered and how it compares to the sex and race discrimination laws. We consider the positive duty on employers to make reasonable adjustments to assist disabled people and we look at discrimination by victimisation. We then go on to summarise the strengths and weaknesses of the Act and propose some possible areas for reform.

Challenging Disability Discrimination at Work; Mary Stacey and Andrew Short; A5; 80pp; ISBN 1 873271 79 4; Price for trade unions and subscribers £6.50, others £20; August 2000

Resisting Union-Busting Techniques: lessons from Quebec by Laura Dubinsky

Resisting Union-Busting Techniques: lessons from Quebec is the fifth in a series of Comparative notes published by the Institute of Employment Rights.
The recognition procedure recently introduced in the UK closely resembles the statutory procedures operating in Canada. According to this booklet, Canadian unions have experienced acute difficulties with the legislation, most notably in the form of union-busting techniques developed by employers in their attempts to deny union recognition.

In this short paper, Laura Dubinsky, a union organiser with UNITE (the textile workers' union in Canada) outlines the union-busting methods used by Canadian employers. She also considers whether the UK legislation is open to the same union-busting techniques and offers suggestions on how UK unions can learn from the Canadian experiences to defeat attempts at union-busting in the UK.

Resisting Union-Busting Techniques: lessons from Quebec by Laura Dubinsky; A5; 32pp; ISBN 1 873271 78 6; Price for trade unions and subscribers £5, others £10; July 2000

Employment Rights: building on Fairness at Work

Since taking office in 1997 the government has introduced a national minimum wage for the first time in this country, and delivered the manifesto promise to implement a statutory right to trade union recognition. The GCHQ ban has been lifted, and the government has committed itself more wholeheartedly to the implementation of European social policy than its predecessors.
The Institute of Employment Rights was invited by a number of trade unions to consider what steps might be taken in the future to build on these achievements: how to build on the new fairness at work legislation. In responding to the invitation, we hope that this book will help inform the debate about how to continue the development of employment law in a manner consistent with a number of core values, including in particular: (i) equality of opportunity, (ii) social justice, (iii) democracy and citizenship, (iv) human rights and (v) fairness at work.

Employment Rights: building on Fairness at Work; A5; 28pp; ISBN 1 873271 75 1; Price for trade unions and subscribers £5, others £10. March 2000

Challenging Race Discrimination at Work by Karon Monaghan

This timely publication, by one of the UK’s leading barristers in race law, provides a comprehensive guide to the complexities of UK race discrimination law.
The book is designed to help trade union representatives challenge race discrimination at work and includes an overview of the Race Relations Act together with detailed chapters on identifying and proving race discrimination in the workplace through to bringing a complaint to an Employment Tribunal. This chapter also gives an overview of the remedies that might be available to a successful complainant in an ET.

Challenging Race Discrimination at Work by Karon Monaghan; A5; 100pp; ISBN 1 873271 73 5; Price for trade unions and subscribers £8, others £30. March 2000

Trade Union Rights in South Africa: the Labour Relations Act 1995 by Roger Welch

Trade Union Rights in South Africa: the Labour Relations Act 1995 is the fourth in a series of Comparative Notes published by the Institute of Employment Rights.
The Labour Relations Act was introduced in South Africa in 1995 and has since helped to transform that country from an apartheid authoritarian state into a multiracial democracy. The LRA has been proclaimed as being amongst the world’s most progressive labour legislation. Its provisions relating to the protection of strikers, entrenchment of organisational rights, disclosure of information, co-determination rights and promotion of collective bargaining go beyond what has been won by workers in Europe and even Scandinavia.

According to the author, British trade unions should look to the provisions of the LRA to inform their argument about the need to bring UK employment law back in line with international standards – standards that have clearly been used to underpin the South African legislation. This publication outlines the main provisions of that legislation and highlights with reference to ILO standards just how inadequate are the current labour laws in the oldest democracy in the world as compared to those in the newest.

Trade Union Rights in South Africa: the Labour Relations Act 1995 by Roger Welch; A5; 36pp; ISBN 1 873271 74 3; Price to trade unions and subscribers £5, others £10. February 2000

Age discrimination in employment by Malcolm Sargeant

In 1999 the government introduced a Code of Practice on Age Discrimination in Employment. The aim of the Code is to introduce good practice into employers’ policies on recruitment, selection, promotion, training, redundancy and retirement. It is argued that when 12% of employers feel that people aged 30 are too old to employ, and another 25% believe 50 is too old then some form of protection against discrimination is required.

This booklet highlights the way age discrimination manifests itself, it outlines why a policy on age discrimination is needed and considers the possibility of future civil implications emanating from Europe. It goes on to consider the process by which government policy developed and outlines the main proposals contained in the Code of Practice. Finally the report argues that a voluntary code, while welcome, is not enough and puts forward a case for full statutory protection through legislation.

Age Discrimination in Employment by Malcolm Sargeant; A5; 48pp; ISBN 1 873271 69 7; Price for trade unions and subscribers £6.50, others £20. November 1999

Developing recognition and representation in the UK: how useful is the US model? by Brian Towers

This book is the third in a series of Comparative Notes published by the Institute of Employment Rights.
Professor Towers assesses how far the new British statutory recognition procedure will contribute towards a revival of British trade union representation and collective bargaining in the light of the experience of the United States where a similar procedure operates.

He concludes that when measured against the criterion of fairness or effectiveness, the outcome for US trade unions has been disappointing and notes that UK unions may want to revisit the issues of bargaining unit criteria, the automatic procedure and the ballot procedure when seeking future amendments to the legislation.

Developing recognition and representation in the UK: how useful is the US model? by Brian Towers; A5; 40pp; ISBN 1 873271 70 0; Price for trade unions and subscribers £5.00, others £10. September 1999

Labour Law Review 1999 by Jennifer Eady and Jeremy McMullen QC

Each year the Institute publishes a short review of the main legal developments of the last 12 months - both statutory laws and court decisions.
This year the Review includes information on the Employment Relations Act and also looks at how the Courts have dealt with cases emanating from the Disability Discrimination Act, the Working Time Regulations, changes in the Transfer of Undertakings Regulations and the Sex Discrimination (Gender Reassignment) Regulations.

Labour Law Review 1999 by Jennifer Eady and Jeremy McMullen QC; A5; 36pp; ISBN 1 873271 71 9; Price for trade unions and subscribers £3, others £10. September 1999

Resolving employment rights disputes through mediation: the New Zealand experience and ACAS arbitration by Susan Corby

This book is the second in a series of Comparative Notes published by the Institute of Employment Rights.
The Employment Rights (Dispute Resolution) Act 1998 introduced mediation as an alternative to Tribunals for resolving unfair dismissal disputes. This booklet, with a foreword by Angela Foulkes, Secretary of the New Zealand Council of Trade Unions, looks at the differences between conciliation, mediation and arbitration, as forms of alternative dispute resolution and concludes that mediation is by far the most effective.

Resolving employment rights disputes through mediation: the New Zealand experience and ACAS arbitration by Susan Corby; A5; 28pp; ISBN 1 873271 68 9; Price for trade unions and subscribers £5.00, others £10. May 1999

Fairness at work and trade union recognition: past comparisons and future problems by Lord McCarthy

As the Employment Relations Bill passes through its Parliamentary stages, this timely publication from Lord McCarthy looks at the role of the reformulated Central Arbitration Committee (CAC) and offers a number of informed suggestions on how the proposed new rights of recognition might be strengthened.
Identifying six closely related problems, Lord McCarthy offers ways in which past problems can be avoided by providing the CAC with suitable powers, resources and operational guidelines.

Fairness at work and trade union recognition: past comparisons and future problems by Lord McCarthy; A5; 80pp; ISBN 1 873271 67 0; Price for trade unions and subscribers £6.50, others £20. March 1999