EMP1
Sources of Employment Law
Employment law derives from various sources within the UK and from EU law.
Common law Before the creation of legislation affecting emp. law, the obligations were governed by the law of
contract and case law developed as the courts were called up on interpret more and more cases
Employment tribunals – Have jurisdiction through statute to hear claims arising out of breaches of
employment relationships e.g. Unfair dismissal, wrongful dismissal, redundancy payments,
discrimination claims, equal pay claims and protection of wages claims. Also have jurisdiction to hear
claims from workers (See s230 of ERA 1996 for distinction between worker and employee)
Employment Appeal Tribunal (EAT) – Hears appeals, and its decisions are binding on emp. tribunals.
An appeal from the EAT lies to the Court of Appeal, and from there to the Supreme Court.
Civil courts – the High Court and county courts can hear breach of contract claims (e.g. wrongful
dismissal). They are able to grant injunctive relief (e.g. where a restraint of trade clause has been
breached)
Legislation Industrial Relations Act 1971 attempted to introduce a regulatory framework for all aspects of emp.
law
- Introduced the right to complain of ‘unfair’ dismissal
- Majority of individual rights were consolidated, and even further in Employment Protection
(Consolidation) Act 1978 (EP(C)A 1978) and most recently in Employment Rights Act 1996
(ERA 1996)
The ERA 1996 was amended by the Employment Relations Act 1999 and 2004 (ERA 1999 and 2004),
the Employment Act 2002 (EA 2002) and the Work and Families Act 2006.
Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) as amended by Trade
Union Reform and Employment Rights Act 1993 and ERA 1999, consolidated all statute law on T.U’s
and group provisions.
The Equal Pay Act 1970 (EPA 1970), the Sex Discrimination Act 1975 (SDA 1975), the Race Relations
Act 1976 (RRA 1976) and the Disability Discrimination Act 1995 (DDA 1995) have all been repealed
and replaced by the provisions of the Equality Act 2010.
Codes of Practice Not legally binding and intended to give guidance to employers on good employment practices
- E.g. ACAS (Advisory, Conciliation and Arbitration Service) Code of Practice on Discipline and
Grievance is often referred to by tribunals
EU Law Treaty Provisions Directly enforced in national courts as they have direct applicability (Van Gend en
and Regulations Loos)
Sources of Employment Law
Employment law derives from various sources within the UK and from EU law.
Common law Before the creation of legislation affecting emp. law, the obligations were governed by the law of
contract and case law developed as the courts were called up on interpret more and more cases
Employment tribunals – Have jurisdiction through statute to hear claims arising out of breaches of
employment relationships e.g. Unfair dismissal, wrongful dismissal, redundancy payments,
discrimination claims, equal pay claims and protection of wages claims. Also have jurisdiction to hear
claims from workers (See s230 of ERA 1996 for distinction between worker and employee)
Employment Appeal Tribunal (EAT) – Hears appeals, and its decisions are binding on emp. tribunals.
An appeal from the EAT lies to the Court of Appeal, and from there to the Supreme Court.
Civil courts – the High Court and county courts can hear breach of contract claims (e.g. wrongful
dismissal). They are able to grant injunctive relief (e.g. where a restraint of trade clause has been
breached)
Legislation Industrial Relations Act 1971 attempted to introduce a regulatory framework for all aspects of emp.
law
- Introduced the right to complain of ‘unfair’ dismissal
- Majority of individual rights were consolidated, and even further in Employment Protection
(Consolidation) Act 1978 (EP(C)A 1978) and most recently in Employment Rights Act 1996
(ERA 1996)
The ERA 1996 was amended by the Employment Relations Act 1999 and 2004 (ERA 1999 and 2004),
the Employment Act 2002 (EA 2002) and the Work and Families Act 2006.
Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) as amended by Trade
Union Reform and Employment Rights Act 1993 and ERA 1999, consolidated all statute law on T.U’s
and group provisions.
The Equal Pay Act 1970 (EPA 1970), the Sex Discrimination Act 1975 (SDA 1975), the Race Relations
Act 1976 (RRA 1976) and the Disability Discrimination Act 1995 (DDA 1995) have all been repealed
and replaced by the provisions of the Equality Act 2010.
Codes of Practice Not legally binding and intended to give guidance to employers on good employment practices
- E.g. ACAS (Advisory, Conciliation and Arbitration Service) Code of Practice on Discipline and
Grievance is often referred to by tribunals
EU Law Treaty Provisions Directly enforced in national courts as they have direct applicability (Van Gend en
and Regulations Loos)
