Sources Employment Law | Employment Law Definition | Employment Law

Introduction Sources Employment Law

Sources Employment Law plays a very important role in employee and employer relationship in UK. This Assignment is related to various aspects of the employment. It covers all the laws which is related to the employment like how the rights are enforced, contract of services, contract for service. Discrimination laws, data protection law etc.

This material of this assignment is taken from both primSources Employment Law | Employment Law Definition | Employment Lawary and secondary source.

Task 1

1.1    Explain the Sources of Employment Law

In United Kingdom the law which deals with the employee and employer relationship is called the employment law. (Legal Dictionary, 2015).  The employment law is not taking from the only one source; in the country but it is taken from various sources. The various sources for the employment law are (Pearson, n.d):

  • The first and foremost source of the employment law is the government itself. Government plays a very important role in making the laws relating the employment. There are legislation which framed the laws for the employee and employer. Some of the employment laws are:
  • Treaty of Rome 1957
  1. Employment Tribunals Act 1996
  2. Human Right Acts 1998mployment Rights Act, 1996
  3. Trade Union and Labour Relations (Consolidation) Act 1992;
  • In UK the major source of employment law is the ACAS code of practices.
  • In UK another major sources of employment law is the European Union which also make the several laws and regulation relating to the employment.
  • The court decision is also one of the sources of the employment law. It includes courts of Appeal, county courts, European courts of justice and Supreme Court.
  • There are various academic sources which are also used for making the laws of the employ.
  • Another and apart from all of the above sources are religion, customs, agreement, trade practices and belief. These are also become the sources of the employment laws.

1.2 Enforcement of Contractual Rights

For the enforcement of the contractual right it is necessary that these two situations are existing.

  1. First condition is that under employment law it is necessary to evaluate that A commence any action against the B?
  2. Second condition is that to evaluate effectiveness of the institutions under which A can put into effect his rights?

The fact shows that there is employment relationship between A and B and A employed under b on his contract site. At the time of working B was injured and he have intention to sue the A.

Both situations are resolved by the major institutions through which A can commence its proceedings. There are four major institutions. These are following:

Sources Employment Law | Employment Law Definition | Employment Law

  1. ACAS
  2. ET
  3. COUNTRY COURT OR HIGH COURT
  4. HUMAN RIGHT(Kidner R, 2010)
  • ACAS – The full form of ACAS is Advisory, Conciliation and Arbitration services. The main function of the ACAS is to solve the dispute between employee and employer. It provides advice and conciliation to the both disputed parties. the advice which is provide by the ACAS officers to the disputed parties is not depend upon the merits of the case but officers taken that approach which gives the best remedy and which can be attained best for the parties. The officers of the ACAS are not under any obligation that they have to analyse the contract terms that they are fair or not for the employees. ACAS have two power these are under:
  • ACAS have power to resolve the dispute of the employees.
  • ACAS have power to resolve the dispute through settlement but it is necessary that the dispute is not brought in the arbitration.

There are various officers in the ACAS which have some power to deal with the dispute which is mentioned in under section 256A-256AA of TULR(C). The complaint which is filed by the any employee can be strike out on the basis of vexatious and scandalous. When the decision is passed by the ACAS officer then they give the decision in the form of certificate through which the disputed party can file the appeal to the employment tribunal, but it is necessary that the appeal will be filed within 3 months after the certificate is issue.

  1. When the disputed party get the certificate of the decision then part can file appeal in the employment tribunal. The party have to pay the fees for entertaining their appeal to the employment. The fee is according to the case.
  2. The applicant has right to make appeal or to file the complaint in the high court. But for filing the appeal it is necessary that claims must be more than £25,000. There is an exception that if the case is worth £5,000 but it is so complicated then case is brought to the high court but it is necessary that case should be bring within 6 years from the date of the breach has been done otherwise it will not entertain by the court.
  3. Before the application is lodged by the party to the court, It is necessary that written complaint is given to employer.
  4. The party who alleged the case has the right under the Human Rights Act 1998.

References

  1. Kidner R (2010) “Blackstone’s Statutes on Employment Law 2009-2010 (OUP Oxford, 2009) ISBN: 9780199569199
  2. Legal Dictionary (2015) Employment law (Online). Available at: http://legal-dictionary.thefreedictionary.com/Employment+Law. (Accessed on 21st May 2015);
  • Pearson (n. d) An introduction to Employment law (Online). Available at: http://catalogue.pearsoned.co.uk/assets/hip/gb/hip_gb_pearsonhighered/samplechapter/1408270471.pdf. (Accessed on 21st May 2015);