ABSTRACT

Changes in the law may be said to represent broader social change. In recent years, the employment contract has increasingly become subject to regulation. General duties towards workers have been laid on employers, and there is now a legal framework encompassing the collective action of workers in strikes, ballots and picketing, and laws to influence the way trade unions conduct their affairs. Laws are made by Acts of Parliament (Statutes) and by Statutory Instruments where there is enabling legislation. There are aspects of the employment relationship (e.g. contracts of employment) where remedies can also be sought through the common law, this being ‘case law’ of precedents arising from previous judgments. In addition, the UK is subject to the Treaty of Rome and to the delegated legislation of the European Commission and the Council of Ministers. European law is given precedence over the laws of individual Member States in the European Union. The European Court of Justice (ECJ) defines European law. The final court of Appeal in a Member State can refer cases to the ECJ for interpretation, and individuals or groups can challenge Member States about their interpretation of European law in the EC.