ABSTRACT

The law relating to individual employment rights has undergone numerous changes over the past four decades, either in the form of statutory regulation or through the interpretation of the law by the Employment Tribunals (formerly Industrial Tribunals) or courts. When considering individual employment rights, it must be borne in mind that the legislation was originally drafted to protect full-time, rather than part-time, employees. The distinction between contracts of employment and those of self-employment is of fundamental importance, because only ‘employees’ qualify for employment rights such as unfair dismissal, redundancy payments, minimum notice on termination, etc. In effect, an express term will be able to override statutory employment rights. The Employment Rights Regulations 2018 provides that a written statement of terms must be given on or before the first day of employment.