Unit 1 Sources and Institutions of Employment Law
a) Summarise the different sources of employment law.
There are four sources of employment law within the UK which are legislation, common law, European Union law and international conventions. These laws cover the UK, but may differ in Northern Ireland and Scotland.
Legislated laws are created by Parliament. A proposal will be put forward which is called a bill that can either start at the House of Lords or House of Commons chambers. The bill will go through different stages once it is approved by the House of Laws it will be sent to the House of Commons or vice verse once both the Lords and Commons agree on the bill it is passed to the Queen to give her approval and then the bill becomes law. These laws can be either primary or secondary legislation. Primary legislation cannot be challenged by the courts. Secondary legislation is also known as delegated or subordinate legislation this allows the Government to make changes to the law.
The main Acts of parliament and Statutory instruments relating to employment rights are:-
Employment Act 1996
Equality Act 1996
National Minimum Wages Act 1998
Work Time Regulations Act 1998
Transfer of Undertakings (Protection of Employment) Regulations 2006
Employment Relations Act 1999
Employment Act 2002
Work and Families Act 2006
Common law is a legal system in England and Wales that is made by judges in court, that similar cases should decide it should be given similar and predictable outcomes this is known as a binding precedent.
At common law, the employment relation is generally governed by the law of contract. The contract is a legally binding agreement between two or more parties.
In 1972 the UK joined the (EEC) European Union, the European Union established the European Communities Act 1972 which recognises the having treaties and legislation which direct effect or indirect effects on the laws of the European Union members. The European Community Treaty (treaty of Rome 1957) is the primary source of the European Union law including employment law. The regulations are based on the provisions of the treaties and are binding to all members in the EU.
Directives are used to develop the articles of the EC treaty. The European court of justice is to ensure that all members observe the law.
International Human Rights treaty was drafted by the Council of Europe which consists of 47 different Europe counties. The European Convention on Human Rights and the Human Rights act 1998 come into force in October 2000. The act helps when making decisions in human right cases. The Human rights are based on important values like, fairness, dignity, respect and equality.
The human rights include :-
• The right to life
• The right to freedom from torture, and not to be punished in a degrading or inhumane way.
• The right to not to do forced labour
• The right to liberty and security of person
• The right to a fair trial
• The right to freedom...