UK Employment Law

The Meaning of Employment Law

Employment Law is a set of rules and regulations that govern the relationship between employers and employees. It is designed to ensure that both parties are treated fairly and demonstrably in the UK.

Employment Law in the UK is shaped by a robust legal system in which employment rights are derived from various sources:

• Statutory laws: Enacted by Parliament, they set out key employment laws and regulations.
• Common law: Derived from legal precedents established by court decisions, they provide guidance on matters that may not be covered by statutory laws.
• Employment contracts: Agreements between employers and employees, which often address specific issues related to the employment relationship.
• European Union (EU) laws: The UK has retained most EU employment laws (as they stood on 31st December 2020) through the European Union (Withdrawal) Act 2018.

Key elements of the Employment Law Act

Various Acts cover different aspects of Employment Law in the UK. Some of the key elements include:

Employment Contract Law in the UK

An employment contract is a legally binding agreement between an employer and employee that outlines the terms and conditions of their relationship. It can be written, verbal, or a combination of both. In the UK, all employees have the right to receive a written statement of the main terms and conditions of employment within two months of starting work.

The key terms and conditions typically included in an employment contract are:

• Job title and duties
• Place of work
• Hours of work
• Salary and benefits
• Holiday entitlement
• Sick pay provisions
• Notice periods for termination
• Disciplinary and grievance procedures
• Restrictive covenants

Making changes to an existing employment contract requires the agreement of both parties, and employers must provide a written notification of any changes.

In conclusion, understanding Employment Law in the UK is critical for both employers and employees. Employers must ensure they comply with the statutory regulations, common law principles, and contractual obligations, while employees should be aware of their rights and entitlements.

Employment Discrimination Law

Employment Discrimination Law is an essential aspect of UK Employment Law, as it seeks to promote fair treatment for all and prevent unequal treatment based on specific protected characteristics. It safeguards employees and job applicants from being unfairly treated because of their age, gender, race, religion, sexual orientation, disability, pregnancy and maternity, or marital status.

Types of employment discrimination

There are various types of employment discrimination, which are prohibited under the UK's Equality Act of 2010. To understand your rights as an employer or employee, it is crucial to be aware of these different forms of discrimination:

• Direct discrimination: Occurs when an individual is treated less favourably because of a protected characteristic, such as their age, race, or gender. For example, not hiring someone because they are a woman or refusing a promotion due to their religion.
• Indirect discrimination: Occurs when a policy, rule, or practice applies to everyone but has the effect of disadvantaging people with a particular protected characteristic. For example, a minimum height requirement for a job might disproportionately exclude some ethnic groups.
• Harassment: Unwanted conduct related to a protected characteristic that violates an individual's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. For example, making offensive jokes or comments about a person's disability.
• Victimisation: Treating someone unfairly because they have made a complaint about discrimination, raised concerns about discriminatory practices, or supported someone else in a discrimination complaint. For example, giving a poor reference to a former employee who has complained about discrimination.
• Failure to make reasonable adjustments: Employers have a duty to make reasonable adjustments for disabled employees and job applicants. Failing to do so is considered a form of discrimination. For example, not providing a sign language interpreter for a deaf job applicant during interviews.

Legal rights and remedies for victims

Victims of employment discrimination have legal rights and remedies available to them under UK law. If you believe you have been a victim of discrimination in the workplace, it is critical to know your rights and the potential legal actions you can pursue:

• Raising a grievance: You can initiate an informal or formal grievance process within your organisation to address the discrimination. It is essential to follow your company's grievance procedure, as this may resolve the issue.
• Mediation or conciliation: Alternatively, you can consider using mediation or conciliation services, such as those provided by Acas (Advisory, Conciliation and Arbitration Service), to help resolve the dispute informally with your employer.
• Claiming to an Employment Tribunal: If you cannot resolve the matter through mediation, conciliation, or your organisation's grievance process, you can bring a claim to an Employment Tribunal. You must typically do so within three months of the discriminatory act occurring or the end of your employment. If successful, the tribunal may award compensation, recommend changes to your employer's practices, or order your employer to take specific actions such as reinstatement or promotion.

It is crucial for individuals to be aware of their legal rights and employers to understand their obligations to promote fair treatment and prevent discrimination in the workplace. A solid understanding of Employment Discrimination Law will help both employers and employees work together to create a more inclusive and equal work environment.

Employment Law in Scotland

Employment Law in Scotland shares many similarities with the wider United Kingdom, as it is primarily governed by the same legislations enacted by the UK Parliament. However, certain aspects of Employment Law differ in Scotland due to its unique legal system, devolved powers, and regional laws.

Comparing Employment Law in Scotland and the UK

Employment Law in Scotland is generally consistent with the UK, as major employment legislations such as the Equality Act 2010, Employment Rights Act 1996, and the Working Time Regulations 1998 apply to both jurisdictions. However, there are some distinctions and nuances in the Scottish context that are worth noting:

• Legal system: Scotland has its own distinct legal system, separate from England and Wales, which influences certain aspects of Employment Law. For instance, Scottish courts and tribunals may interpret and apply Employment Law differently, often drawing on precedents set by the Scottish judiciary.
• Tribunal claims: Employment Tribunal procedures in Scotland differ slightly from those in the rest of the UK. For example, unlike England and Wales, Scotland does not have separate Employment Tribunal regions but operates as a single region for tribunal claims.
• Devolved powers: The Scottish Parliament has certain devolved powers that can affect employment matters, such as control over public sector pay and some aspects of social security, which may influence Employment Law in Scotland indirectly.
• Scottish-specific legislation: Sometimes, there may be specific legislation or amendments to UK laws that only apply in Scotland. These cases are relatively rare but can create differences in Employment Law between Scotland and the rest of the UK.

Specific Employment Law Acts in Scotland

In general, most of the UK's key Employment Law Acts apply across all jurisdictions, including Scotland. However, certain Acts include specific provisions that apply to Scotland alone or have been amended by the Scottish Parliament, resulting in unique aspects of Employment Law in the region.

Some noteworthy Scottish-specific provisions or amendments to UK Employment Law Acts include:

While the core elements of Employment Law in Scotland largely align with the UK, it is essential to be aware of these unique aspects and regional differences. To ensure full compliance and legal understanding, employers and employees operating in Scotland should familiarise themselves with not only the broader UK Employment Law but also the specific nuances and legislations applicable to Scotland.