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Employment law
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Employment law

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  • 1. Employment law: key points • • • Need to be aware of where law comes from: • statute law • common (case) law • EU law • codes of practice Distinguish civil vs. criminal law Collective vs. individual law
  • 2. Employment law: key points • • • Consider how law is enforced: • role of the courts system • role of regulatory bodies (e.g. Equalities and Human Rights Commission) • role of self-regulation Tribunal system and enforcement of statutory rights Penalties/sanctions for breach of contract and infringement of statutory rights
  • 3. Employment law: key points • • • Forms of employment law: • regulatory law • restrictive law • auxiliary law Historically law has played a minor role in the regulation of employment Today law has an impact on the employment relationship at many stages
  • 4. Employment law: key points • • • Influences recruitment and selection decisions – discrimination law Once job has been offered and accepted contract law comes into play • importance of express and implied terms Importance of the law in regulating contract details: • pay • working time • holidays • rest periods
  • 5. Employment law: key points • • Law also important where organisational change is taking place: • impact of change on contractual terms • issues of redeployment and redundancy • business transfers Importance of law in managing the employment relationship: • issues of performance and capability • termination of employment; laws on unfair dismissal and redundancy
  • 6. Employment law: key points • • • Important to consider how law affects the HR role and function The relationship between legislation and ‘best practice’ HR Law often about minimum standards – sets a floor of rights which organisations can build upon
  • 7. Learning summary By the end of this chapter you should: • Appreciate the growing importance of law in regulating employment • Understand the main sources of law and how law is enforced • Understand the importance of the contract of employment and contractual terms • Appreciate the impact of employment law on the work of the HR function and the skills requirements of HR practitioners