Labour & European Law Review
22 February 2006
The conciliation service ACAS has published a short guide for employers on civil partnerships.
Under the Employment Relations Act 1999, trade unions can apply to the Central Arbitration Committee (CAC) for recognition if they cannot reach a voluntary agreement with the employer.
Although most employees will know the identity of their employer, things can get complicated in the event of a merger and/or a TUPE transfer, as in the case of Crest Packaging Ltd and ors v Bell and ors.
A contract of employment is an agreement entered into by two parties, giving rise to obligations that are recognised or enforced by the law.
It is directly discriminatory under the Race Relations Act 1976 to treat someone less favourably than another person on racial grounds. This is known as direct discrimination.
Under the Disability Discrimination Act 1995, employers have a duty to make reasonable adjustments if the "provisions, criteria or practices" or the "physical features" of the workplace put a worker at a substantial disadvantage in comparison with a nondisabled person.
Under health and safety regulations, employers have to take action to avoid any risks to a pregnant worker that they identify in their risk assessment.
Historically the courts have said that ministers of religion cannot be employees, and that they therefore fall outside the scope of a lot of employment legislation.