EMPLOYMENT LAW LEGISLATION AND PRACTICE OF ENGLAND

Employment law legislation and practice of England

Employment law legislation and practice of England

Theories of Deviance are limited in their ability to explain deviant acts if one adopts view that these theories are universal. There is no universal, right or wrong theory, rather each theory provides different perspective which only "fully makes sense when set within an appropriate societal context and values framework”. (Hollinshead 2003:10)

The functionalist theories share common structural explanation of causes of deviance. They assume that conformity in society is achieved through existence of norms and values shared by general consensus and that high level of social integration is required for society to function successfully. (Ewing 2002:23)

As Employee Relation Consultants, purpose of this report is to advise Healthcare Professionals Ltd, body representing employers in health sector, of result of changes to law relating to collective consultation of employees. For this reason, implications of Employment Relations Act (1999) and Information and Consultation Directive will be discussed.

For purposes of this report, industry being advised is Health Service, which at present recognizes many Trade Unions locally varying on type of service being covered. The report discusses relevant items from legislation and regulations that will affect Health Service.

This literature review was commissioned by Equality Challenge Unit (ECU) in response to UK legislation regarding age discrimination. The purpose of review is to examine impact of age discrimination legislation within Higher Education (HE) sector in range of specific countries where such legislation has existed for some time. The specific question that review aims to answer is:

What lessons can be learned from experience of other countries with regard to implementation of age legislation in UK HE sector? (Brouwer 1983:131)

The countries to be included in this review are United Kingdom, Republic of Ireland, France , France , Canada and Finland, which have had legislation for some time and have made particular progress. The review is not intended to be review of literature regarding countries other than those stated above (e.g. France ), nor does it cover influence of age legislation on employers out-of-doors of HE part or influence of other diversity legislation. (Eidgenossenschaft 1971:10)

Context

The UK legislation

The European Employment Directive needs all member states to introduce legislation prohibiting direct and indirect discrimination at work, encompassing age discrimination. The paid work Equality (Age) guidelines 2006 came into force on 1 October 2006. The guidelines request to employment and vocational teaching and prohibit unjustified direct and digressive age discrimination, and all harassment and victimisation on grounds of age, of persons of any age, young or old. (Bundi and Mauch 1979:27)

The regulations seek to remove age discrimination in terms of recruitment, promotion, training, unjustified retirement ages of below 65 and to remove current age limit for unfair dismissal and redundancy rights. They also introduce right for employees to request working beyond retirement age and duty on employers to consider that request. Although there are no cases to note at present, there is currently HEYDAY Judicial Review which is considering default retirement age set by recent ...