Karteikarten
Sources and institutions of employment law
Karten in diesem Stapel (19)
- 1Employment LawEnforced when claimant sues respondent for remedy in a civil court.
The claimant is usually an employee/former employee/ failed job candidate.
They sue because the respondent has done some kind of detriment in contravention of law - 2Employment LawIs the regulation of the employer/employee relationship. It can be on individual and collective levels
- 3IndividualContract of employment
- 4CollectiveTrade unions and employer's associations
- 5Sources and institutions of employment lawPrimary and secondary legislation
Case law
EU law
Decisions of courts
Decisions of international courts - 6Codes of guidanceEHRC
ACAS
HSE
CAC - 7EHRC ACAS HSE CACEquality and human rights commission
Advice, consolidation and arbitration services
Health and Safety executive
Central arbitration comitee - 8Primary and secondary legislationActs of parliament:
Employment rights act 1996
Equality act 2010
Trade Union and labour relations 1992
National minimum wage act 1998
Health and safety at work act - 9EU treaties and legislationTreaty on the functioning of the EU
Treaty on EU - 10EU lawProvides employment rights that must be enforced in UK courts and tribunals via treaties, directives and legislation
- 11Employment TribunalStatute based - specifically to solve disputes about employment rights
Specialists: one lawyer + two laypersons
Informal and cheaper - 12EATHears appeals from the employment tribunal on points of employment law
- 13Key employment law issuesWider economic climate
Changes to dynamics in organisations
Equality
Increased rights for employees - 14Contract of employmentThere has to be an employer/employee relationship
- 15Contract of serviceIs a contract of employment
- 16Contract for servicesApplies to independent contractors and self-employed persons
- 17EmployeeEntitled to full common law and
statutory employment rights - 18WorkerContrast enjoys fewer rights, but is protected from
discrimination under the Equality Act 2010 - 19Self-employed person(Under contract for services) Enjoys
fewest rights – e.g. protection under Health and Safety legislation