ABSTRACT
Employment law covers a multitude of legal issues; the key areas are set out below:
Employment law topic Relevant legal authority
Distinguishing an employee from an independent contractor
Common law cases/judgments
Written contract of employment s 1 of the Employment Rights Act 1996 (ERA)
Common-law duties of an employee
Common-law cases/judgments
Duties of an employer ERA 1996 and common-law cases/ judgments
Wages and itemised pay statements
s 8 of the ERA 1996
National minimum wage National Minimum Wage Act 1998
Working hours (e.g. night workers, daily and weekly rest periods, annual leave)
Working Time Regulations 1998
Discrimination in employment Equal Pay Act 1970 Gender Sex Discrimination Act 1975 Harassment Employment Equality (Sex
Discrimination) Regulations 2005 Race Race Relations Act 1976 Sexual orientation Employment Equality (Sexual
Orientation) Regulations 2003 Religion or belief Employment Equality (Religion or
Belief ) Regulations 2003 Disability Disability Discrimination Act 1995
Age Employment Equality (Age) Regulations 2006
Part-time workers Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
Fixed-term workers Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
Persons with criminal records Rehabilitation of Offenders Act 1974
Maternity and paternity and parental rights
Maternity and Parental Leave Regulations 1999
Adoption leave and pay Paternity and Adoption Leave Regulations 2002
Flexible working for parents s 80F of the ERA 1996
Termination of contracts of employment (unfair and wrongful dismissal)
ERA 1996
Termination procedure Employment Act 2002
Redundancy and transfer of employees on sale of a business
s 139(1) of the ERA 1996 Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) Information and Consultation of Employees Regulations 2004 Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)
Health and safety at work and the employer’s liability for industrial injuries
Health and Safety at Work Act 1974 (HSWA) Common law tort of negligence Control of Substances Hazardous to Health Regulations 2002 Management of Health and Safety at Work Regulations 1992 Workplace (Health, Safety and Welfare) Regulations 1992 Provision and Use of Work Equipment Regulations 1998 Personal Protective Equipment at Work Regulations 1992 Health and Safety (Display Screen Equipment) Regulations 1992
Despite the raft of legislation listed above, it is a myth that employment laws mean an employer can never dismiss anyone. An employer can normally dismiss unsatisfactory employees as long as the dismissal is carried out fairly according to the Employment Rights Act 1996. If an employer dismisses an employee unfairly, the employee may be able to make a claim for compensation. This could result in a risky, time-consuming and very expensive course of action.
