Introduction to Employment Law
What is Employment Law?
💡 All aspects of rules and regulations that are relevant to relationship between employers and
them.
During recruitment - Equality Act 2020 prevents unlawful discrimination against job applicants b
gender, religious belief or sexual orientation.
During working relationship - Contractual relationship with employer.
Employment Tribunal
Many claims brought before Employment Tribunal rather than courts.
Some claims give choice to venue of claim - E.g., Wrongful dismissal if dismissed without notice
Employment Appeals Tribunal
Next step up if disagree with employment tribunal's ruling.
Advisory, Conciliation and Arbitration Service “ACAS”
Organisation providing free and impartial information and advice to both employers and workfor
relations and employment law.
Categories of Employment Status
Employee
Employment Rights Act 1996, s.230 (1) - “an individual who … works under … a contract o
Employment Rights Act 1996, s.230 (2) - “a contract of service … whether express or impl
oral or in writing”.
Of service or for services?
Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insura
The employee must be under an obligation to provide the work personally.
Express & Echo Publications Ltd v Tanton [1999] IRLR 367 (CA).
Contract stated that he didn't have to do the work personally - No contr
What is Employment Law?
💡 All aspects of rules and regulations that are relevant to relationship between employers and
them.
During recruitment - Equality Act 2020 prevents unlawful discrimination against job applicants b
gender, religious belief or sexual orientation.
During working relationship - Contractual relationship with employer.
Employment Tribunal
Many claims brought before Employment Tribunal rather than courts.
Some claims give choice to venue of claim - E.g., Wrongful dismissal if dismissed without notice
Employment Appeals Tribunal
Next step up if disagree with employment tribunal's ruling.
Advisory, Conciliation and Arbitration Service “ACAS”
Organisation providing free and impartial information and advice to both employers and workfor
relations and employment law.
Categories of Employment Status
Employee
Employment Rights Act 1996, s.230 (1) - “an individual who … works under … a contract o
Employment Rights Act 1996, s.230 (2) - “a contract of service … whether express or impl
oral or in writing”.
Of service or for services?
Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insura
The employee must be under an obligation to provide the work personally.
Express & Echo Publications Ltd v Tanton [1999] IRLR 367 (CA).
Contract stated that he didn't have to do the work personally - No contr