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Employment Law is a very complicated field of law. It is also very misunderstood.

Employment law in the United Kingdom

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A complaint of unfair dismissal can only be made where there has been a dismissal, so that there is no general right to complain of unfair treatment. An employee may, however, complain at any time that they consider a statutory 'employment protection' right has been infringed. Where this takes place in connection with a dismissal an employee may combine this with their complaint against the dismissal.

Except where no qualifying time limit applies (as in the case of 'statutory rights') an employee needs to have worked for their employer for a least a year in order to make a complaint of unfair dismissal to an employment tribunal. In addition, a claimant may raise a complaint of discrimination without claiming dismissal or whilst also claiming dismissal but without one year of service. Claimant's with less than one year's service may find their unfair dismissal claim is brought to a pre-hearing review where they are asked to explain why they feel they can bring a claim without a year's service, i.e. dismissal due to a public interest disclosure or for being a trade union member. Most tribunal offices however write to the claimant upon receipt of their claim form telling them that they have 14 days to show why their claim should be heard, otherwise the chairman will strike out the claim.

In certain circumstances, an employer's conduct could be such that an employee is entitled to resign in response and to regard that as an unfair "constructive" dismissal. Failure by an employer to extend a fixed term contract can also be an instance where a claim for unfair dismissal may be made.

Employment regulations play a key role in the development of any business. Sometimes, building a team with complementary skills involves little more than a quick chat with someone who has been introduced to them by a business associate. No psychometric tests, references or formal contracts of employment here.

Often, employees or team members are taken on without sufficient protection in terms of valuable intellectual property or a means to prevent ´moonlighting´or unfair competition when they leave.

Emerging businesses and entrepreneurs can have the basis of a fantastic business, but, once they start employing people, things can go wrong.

Employees can rip companies off by stealing their ideas or passing them on to subsequent employers, who have not invested heavily in the underlying research and development.

Even if employees do not take ideas or indulge in unfair competition, poor performance can itself damage the business.

Not only that but any attempt to discipline or improve the errant employees can lead to employment tribunal claims, where, for example, unlimited damages can be awarded where discrimination is proved.

The year 2003/4 saw 115,000 employment tribunal claims in the UK, of which over 31,000 resulted in a hearing. Any trouble like this is inevitably a very disruptive and costly event for any business with limited management resources.

The stakes are high. Though the average settlement was £7,275, some race and sex discrimination claims resulted in awards against employers of around the £0.5m mark.

Traditionally, smaller and emerging businesses have adopted a reactive approach. Employment lawyers are called in when an errant employee claims the rights to technology developed in his or her employment or where a tribunal claim is threatened.

It is much better to make sure that he or she has the necessary employment contracts in place and the appropriate procedures.

Contracts should specifically address the issue of research and development and who owns the rights to such material etc. Normally, this will be the employer, but it is unwise to rely solely on this generalisation.

The procedures covered should include those for grievances and disciplinary matters. Commonly, equal opportunities, bullying, harassment and even the use of company emails are also covered.

From stealing ideas and information through to the incorrect use of emails, the risks are significant.

For further information please refer to the below Source List * 2 years ago Flexible Working (Procedural Requirements) Regulations 2002 : http://www.opsi.gov.uk/si/si2002/2002320...

Employment Act 2002 (Dispute Resolution) Regulations 2004 :

http://www.opsi.gov.uk/si/si2004/2004075...

Employment Legislation :

http://www.dti.gov.uk/files/file23833.pd...

Statutory Instrument 2000 No. 1551 :

http://www.uk-legislation.hmso.gov.uk/si...

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15y ago
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16y ago

It is the laying down of legal rules, needed for safety in the workplace etc.

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13y ago

Because employers and unions often have strong incentives to do things employees might oppose. Statutes prohibit employers and unions from doing things the voters oppose.

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12y ago

Helps make the workplace a safer place

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Q: Why the legislation relating to employment exists?
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Related questions

Why does legislation exist relating to employment?

to protect both the employee and employer


Why employment legislation exists?

the right of both the employer and the employee must be be adhered to and protected at all times


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equality act 2010


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What are the current employment legislation main features?

The spectrum of employment law in the UK covers three main areas. Employment Rights, Equalities and Discrimination law... and Health and safety legislation. Although Equalities and Health and safety have meaning in other areas of life... both bodies of law feature measures relating to employment to a significant degree , <a href="http://www.ap365days.blogspot.com">Andhra Pradesh Educational news updater</a>


Why does employment legislation exists?

Employment legislation exists to protect the rights of workers, ensure fair treatment in the workplace, and promote safe working conditions. It also helps regulate aspects like minimum wage, working hours, anti-discrimination practices, and dispute resolution mechanisms to create a balanced and harmonious work environment.


Main features of current employment legislation?

The spectrum of employment law in the UK covers three main areas. Employment Rights, Equalities and Discrimination law... and Health and safety legislation. Although Equalities and Health and safety have meaning in other areas of life... both bodies of law feature measures relating to employment to a significant degree , <a href="http://www.ap365days.blogspot.com">Andhra Pradesh Educational news updater</a>


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Employment legislation is usually created to protect the employee from abuses of the employer.


What is the list of main features of current employment legislation?

The list of the main features of current employment legislation includes: Employment rights Equality and discrimination Health and safety


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When was the first law relating to equal employment passed in the US?

Laws relating to equal employment opportunity date back to the Civil Rights Act of 1883, which prohibited favoritism in federal employment.


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