Employment Rights: A Reference Handbook.
Grimes, Paul W.
The authors of this book set out to "provide a guide to
peoples' rights at work" in the United Kingdom. The resulting
volume is interesting to the American academic as a study in comparative
systems. However, Painter and Puttick have clearly prepared their
material for British readers and do not attempt to draw formal
comparisons with the United States. Inevitably, comparisons to other
European nations slip into the discussion throughout the book as the
authors present the story of the on-going integration of the British
labor market into the larger European Economic Community. Brief sketches
of the historical background, in-depth explanations of the current legal
framework (including both legislative and case law), and discussions of
future trends are provided for every major aspect of the employment
relationship in the U.K. Throughout 22 chapters, Painter and Puttick
provide a worker's manual of individual employment rights,
discrimination law, job loss, workplace health and safety, collective
rights, and legal action.
Given the intended audience, Painter and Puttick implicitly assume
that the reader is familiar with the British legal structure and
institutions. American readers will have a difficult time fully
understanding the intricate details of the U.K. judicial system from the
material in this book. Although our institutions have much in common,
differences in terminology and legal definitions of basic concepts can
at times lead to confusion. For example, basic employment grievances
under statutory law are heard by "Industrial Tribunals" for
which there is no analogous institution in the U.S. Many American
readers will also be unfamiliar with the concept of "redundancy
payments" which British employers are legally required to make when
workers are layed off or terminated from their jobs.
An example of differences in legal definitions concerns the scope of
what constitutes pay discrimination. The U.S. has not sanctioned
"comparable worth" as a basis for illegal gender
discrimination, but in the U.K. a female worker can make the claim of
discrimination if she receives pay less than a "man employed on
work which is of equal value." Of course, the British courts have
ruled on what constitutes "equal value" and how such a claim
can be made. The authors do a very fine job illustrating this and every
other area of employment rights with short examples drawn from the
judicial record. In a very true sense this volume is a handbook and
reference work for both employees and employers in the U.K.
From an academic perspective, the most interesting theme running
throughout the volume is Painter and Puttick's discussion of how
the U.K. legal system is being amended to conform to E.C. guidelines and
laws. Recent trends under the Conservative government in Britain have
been characterized by the deregulation of economic activity. In many
respects this conflicts with the interventionist stance of E.C. social
policy. The U.K. has made several legislative changes in its employment
laws to bring them in line with the E.C. The most notable amendments
have come in the areas of employment discrimination and redundancy
payment reform. Painter and Puttick point out these and other recent
changes and predict how they will impact the British worker. The authors
also note that because the U.K. opted out of the Maastricht Treaty,
"the rights of U.K. workers have suffered a potentially major
setback" in the areas of education, health, and work safety. The
unification of an established economy into a larger whole poses many
challenges for all those involved as evidenced by the employment issues
presented in these pages.
This book is a "must read" for someone contemplating
employment opportunities in the U.K. Labor economists with an interest
in comparative institutional arrangements will find much to think about
in Painter and Puttick's work. A handbook such as this on the U.S.
system would be a wonderful idea.
Paul W. Grimes Mississippi State University