4783294
| Question | Answer |
| Employment Law | Enforced 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 |
| Employment Law | Is the regulation of the employer/employee relationship. It can be on individual and collective levels |
| Individual | Contract of employment |
| Collective | Trade unions and employer's associations |
| Sources and institutions of employment law | Primary and secondary legislation Case law EU law Decisions of courts Decisions of international courts |
| Codes of guidance | EHRC ACAS HSE CAC |
| EHRC ACAS HSE CAC | Equality and human rights commission Advice, consolidation and arbitration services Health and Safety executive Central arbitration comitee |
| Primary and secondary legislation | Acts 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 |
| EU treaties and legislation | Treaty on the functioning of the EU Treaty on EU |
| EU law | Provides employment rights that must be enforced in UK courts and tribunals via treaties, directives and legislation |
| Employment Tribunal | Statute based - specifically to solve disputes about employment rights Specialists: one lawyer + two laypersons Informal and cheaper |
| EAT | Hears appeals from the employment tribunal on points of employment law |
| Key employment law issues | Wider economic climate Changes to dynamics in organisations Equality Increased rights for employees |
| Contract of employment | There has to be an employer/employee relationship |
| Contract of service | Is a contract of employment |
| Contract for services | Applies to independent contractors and self-employed persons |
| Employee | Entitled to full common law and statutory employment rights |
| Worker | Contrast enjoys fewer rights, but is protected from discrimination under the Equality Act 2010 |
| Self-employed person | (Under contract for services) Enjoys fewest rights – e.g. protection under Health and Safety legislation |
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