Employment Law in UK (Doc)

Employment Laws
05-Jan-18
(Student Details: )

Employment Laws
Contents
Introduction.....................................................................................................3
Employment Regulations and its purpose.......................................................3
Goals.............................................................................................................3
The role of court system and tribunal...........................................................4
Settling the cases before and also during the formal legal procedure.........4
Managing the recruitment and the selection activities....................................5
Laws regarding discrimination......................................................................5
Employment Contracts.................................................................................7
Managing change and reorganization..............................................................8
Changing contracts.......................................................................................8
Need of redundancy law...............................................................................8
Business transfer requirements....................................................................9
Bibliography...................................................................................................10
Primary Sources..........................................................................................10
Cases.......................................................................................................10
Statutes and statutory instruments.........................................................10
Secondary Sources.....................................................................................10
Books.......................................................................................................10
Page 2

Employment Laws
Introduction
Employment laws, as the name suggests, are the laws which govern
the employment of an employee, and also puts out the rules for the
employers. In United Kingdom, there are a number of legislations which
apply over the different facets of the employment. It is crucial that all these
legislations, as become applicable, are followed properly, in order to avoid a
breach of the statutory laws. Included in the range of laws are the Equality
Act, 20101, the Working Time Regulations, 19982, the Employment Rights
Act, 19963, the Employment Relations Act, 19994, and the Employment Act,
20025, amongst the others.
These employment laws govern the relationship which is present
between an employer and an employee during the course of employment.
Through these laws, assistance is attained in the regulation of the employee
rights and of the things which can be expected in a reasonable manner by
the employee from their employer6. This discussion is focused upon
highlighted the different areas of the employment law present in UK. In doing
so, the various points which would be highlighted include the purpose of
employment law, lawful recruitment, and changes in business, including
TUPE and redundancy.
1 Equality Act, 2010
2 Working Time Regulations, 1998
3 Employment Rights Act, 1996
4 Employment Relations Act, 1999
5 Employment Act, 2002
6 Simon Honeyball,
Honeyball & Bowers' Textbook on Employment Law (14th edn, Oxford
University Press 2016)
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Employment Laws
Employment Regulations and its purpose
Goals
The main aim, or as can be stated as its objectives, goals or objectives,
of the employment law is to ensure that the people working in workplace and
being present their are treated in reasonable and a fair manner. The other
purpose of employment law is to ensure that the individuals are treated in a
manner which shows natural justice7.
The role of court system and tribunal
The employment law mainly forms a part of the civil portion of the law
and where any sort of dispute or conflict is raised in the employment law,
these are referred at the very start to the employment tribunals. The
hearings which take place in the employment tribunals are informal when
they are compared to the higher courts and yet they are given the status as
is given to the courts. The verdicts of the employment tribunals can be made
an appeal against to the Employment Appeals Tribunal based on the point of
law8.
When it comes to the appeals from Employment Appeals Tribunal,
these can be made in the Court of Appeal and after this stage they can be
referred to the Supreme Court, beyond with there is no more courts to
appeal in, as the Supreme Court is the highest appeal court in UK. Given that
Brexit has already been passed, there is still absence of clear policy on
Brexit, and due to these reasons, the laws of European Union continue to
apply over UK and this is the reason why the decisions made in the courts of
UK, can be referred before ECJ, i.e., the European Court of Justice9.
7 Kathy Daniels,
Employment Law: An Introduction for HR and Business Students (3rd edn,
Chartered Institute of Personnel and Development 2012)
8 Elizabeth Aylott,
Employment Law (Kogan Page Publishers 2014)
9 Hugh Collins,
Employment Law (2nd edn, Oxford University Press 2010)
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