Employment law is in place to protect the two parties, the employee and the employer, as well as their relationship with the trade union. It ensures that every right is protected for both parties, such as fair wages, termination and receiving entitlement. It also ensures that no party takes advantage of the other one with set guidelines on how each should behave based on the responsibilities of both parties. With this in place, it becomes hard for the employee to mistreat the employer, and also, the employer is protected from the employees taking advantage of them.
The law covers the following;
Indirect and direct discrimination is where one party is mistreated based on their differences such as their age, sex, religious beliefs, race, sexual orientation, and gender, among others (Gray, 2023, p.72). This is based on the Equality Act 2010, which makes it unlawful to discriminate against anyone based on any of these and other differences.
It also covers unfair dismissal, where employees are protected and required to be granted a fair and proper dismissal process. According to the law, employees with over 2 years of experience are protected by this law and are granted the right to a fair process, which protects them from being dismissed without a fair reason.
Employment law also covers employment contracts, and it states that every employee should be granted a contract upon commencement. This ensures that everyone who is employed legally abides by a contract with job description, payment, and notice period, among other things. The contract is crucial in ensuring that no one is mistreated and that the hours of work, notice, pay, and responsibilities are well outlined.
The law also covers equal pay and minimum wage to promote fair and equal treatment of all employees. Employees are thus required to be paid based on their roles, responsibilities, and experience without discrimination (Gray, 2023, p.74). They must also get a National Minimum or National Living Wage based on their employment status and other outlined factors.
The law also covers working hours, ensuring that employees understand the time and hours required to be on duty and protected by the law. This is based on the Working Time (Carby-Hall et al., 2023 p.14) Regulations 1998, which states that everyone should work a maximum of 48 hours and have rest breaks within the working hours. The employees must also have 5 to 6 weeks of paid holiday annually, which the employer should follow religiously for the employees’ benefit.
Employment law also covers health and safety law, ensuring that the employees are protected healthwise. It states that the employer must ensure that the working environment is safe, which is under the Health and Safety at Work Act 1974. This ensures that the employees are protected at all costs, with proper equipment and training provided to protect them from any danger.
The law also provides family and parental rights, which include parental leave, maternity and paternity leave, and shared leave, among others. The employer is thus required to provide these leaves with the correct entitlements as a way of ensuring their rights.
The Core Sources of Employment Law
1. Statute Law (Acts of Parliament)
Key Statutes:
- Employment Rights Act 1996 (ERA): This is arguably the most significant statute, consolidating a wide range of individual employment rights, including unfair dismissal, redundancy payments, and the right to a written statement of employment particulars.
- Equality Act 2010: This Act harmonized and replaced previous anti-discrimination laws. It provides a legal framework to protect the rights of individuals and advance equality of opportunity for all, defining the nine “protected characteristics.”
- National Minimum Wage Act 1998: Established the legal right to a minimum hourly wage.
- Working Time Regulations 1998: Governs working hours, rest breaks, and paid annual leave, originally derived from an EU Directive.
2. Common Law (Case Law)
3. Retained EU Law
Determining Employment Status: The Gateway to Rights
The Three Tiers of Employment Status
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Status
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Key Rights
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Defining Characteristics
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Employee
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Full suite of rights, including unfair dismissal protection, statutory redundancy pay, and family-related leave.
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A contract of service, mutuality of obligation, and a high degree of control by the employer.
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Worker
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A hybrid category with core protections like National Minimum Wage, paid holidays, and protection from discrimination.
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A contract to perform work or services personally, but with less control and mutuality than an employee. Often associated with the “gig economy.”
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Self-Employed
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Minimal employment rights, mainly related to health and safety and, in some cases, discrimination.
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Operates their own business and contracts with clients. No mutuality of obligation; they can typically send a substitute to do the work.
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The Tests for Employment Status
- Personal Service: The individual must be required to perform the work themselves.
- Control: The employer must have a sufficient degree of control over how, when, and where the work is done.
- Mutuality of Obligation: The employer is obliged to provide work, and the individual is obliged to accept it.
