Employment law: key points

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