CIPD 7OS01: Advanced Employment Law In Practice
1.1 Discuss The Major Sources Of Employment Law And Its Evolution, Including The Major Employment Rights
The primary sources of employment law in the UK include:
- Common law, which originates from case law or judicial precedents.
- Statutory law, codified in legislation enacted by Parliament.
- European Union (EU) law, encompassing directives and regulations that member states are required to incorporate into their national legal frameworks.
The evolution of employment law has been influenced by several pivotal events, such as the Industrial Revolution, the rise of trade unionism, and the passage of significant legislation like the Factory Acts (18021901) and the Trade Disputes Act (1906).
Key employment rights in the UK comprise the right to fair wages, the right to paid leave, protection against unfair dismissal, and the right to work in a safe and healthy workplace.
1.2 Explain The Role And Function Of The Courts And Other Institutions Responsible For The Administration Of Employment Law.
The courts and institutions that administer employment law are crucial in ensuring fair treatment of employees in the workplace. By enforcing the law, these bodies help protect employees from discrimination, ensure they receive fair wages, and provide a platform for those wronged by their employers to seek justice.
Key points include
Employment Tribunals:
The main courts responsible for employment law in the UK, where disputes between employees and employers are heard. Their decisions are binding on both parties and set precedents for future cases.
Employment Appeal Tribunal:
This tribunal handles appeals against decisions made by Employment Tribunals, further ensuring fairness and adherence to the law.
Trade Unions:
These organizations represent employees in negotiations with employers, advocating for workers’ rights and fair treatment.
Government Agencies:
Bodies like the Health and Safety Executive play a significant role in enforcing health and safety legislation, ensuring that workplaces meet legal standards.
These institutions work together to uphold employment laws, providing employees with the protection and justice they deserve.
