Employment Law

Employment law governs the relationship between employers and workers. It regulates what employers can expect from their employees, what employers can get workers to do, and the rights employees have in the workplace.

Employment law is there to provide guidance and protection to both employees and employers. It offers legal frameworks around issues like hiring processes, dismissal procedures and how individuals are treated at work, ensuring that everyone is treated fairly in the workplace.

Three examples of basic worker employment rights include:

1. Statutory Sick Pay — This guarantees workers’ pay if they’re sick. Here in the UK, eligible employees can get Statutory Sick Pay (SSP) of £95.85 per week.
2. Protection against unfair dismissal — Protection against unfair dismissal does exactly what the name suggests, and means employers must give a lawful reason to terminate an employee’s contract. 
3. Annual leave —  By law, employers need to give employees that work a five-day week at least 28 days of paid annual leave a year.

The vast majority of employment law rights are enforced by individuals taking either their current or former employers to an employment tribunal. These are independent public bodies which make decisions on matters to do with employment law.

A capability procedure details how any issues arising from an employee’s incapability to do their job should be managed by a business, such as by offering extra support or training. Under the Employment Rights Act 1996, ‘capability’ is assessed by reference to an individual’s “skill, aptitude, health or any other physical or mental quality”. 

There are certain health and safety regulations that employers have a duty to provide in the workplace, including ensuring employees have the right safety equipment free of charge; to have breaks and paid holiday time off; to conduct risk assessments and control any risks as far as possible; and to ensure employees are able to inform their employer of health and safety concerns without fear of disciplinary action.

Furthermore, employees also have responsibilities when it comes to health and safety. For example, they need to take reasonable care not to put their own or others’ health at risk; inform their employer of any circumstances that may affect their health and safety at work (such as pregnancy or a change in medication that may affect the way in which they typically do their job);  and to co-operate in training on relevant health and safety procedures.

Trade unions are organisations designed to protect employees’ rights, and to negotiate in the interests of their members (for example, over pay or working conditions). Members pay a fee to benefit from their services.

Typically, trade unions will have members from a particular type or sector of employment, such as teachers, doctors, construction workers, retail workers, and so on.