Employment law: key points
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Need to be aware of where law comes from:
• statute law
• common (case) law
• EU law
• codes of practice
Distinguish civil vs. criminal law
Collective vs. individual law
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Employment law: key points
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Consider how law is enforced:
• role of the courts system
• role of regulatory bodies (e.g. Equalities and
Human Rights Commission)
• role of self-regulation
Tribunal system and enforcement of statutory
rights
Penalties/sanctions for breach of contract and
infringement of statutory rights
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Chapter 8
Employment law: key points
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Forms of employment law:
• regulatory law
• restrictive law
• auxiliary law
Historically law has played a minor role in the
regulation of employment
Today law has an impact on the employment
relationship at many stages
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Chapter 8
Employment law: key points
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Influences recruitment and selection decisions –
discrimination law
Once job has been offered and accepted
contract law comes into play
• importance of express and implied terms
Importance of the law in regulating contract
details:
• pay
• working time
• holidays
• rest periods
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Chapter 8
Employment law: key points
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Law also important where organisational
change is taking place:
• impact of change on contractual terms
• issues of redeployment and redundancy
• business transfers
Importance of law in managing the
employment relationship:
• issues of performance and capability
• termination of employment; laws on unfair
dismissal and redundancy
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Employment law: key points
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Important to consider how law affects the HR
role and function
The relationship between legislation and ‘best
practice’ HR
Law often about minimum standards – sets a
floor of rights which organisations can build
upon
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Chapter 8
Learning summary
By the end of this chapter you should:
• Appreciate the growing importance of law in
regulating employment
• Understand the main sources of law and how
law is enforced
• Understand the importance of the contract of
employment and contractual terms
• Appreciate the impact of employment law on
the work of the HR function and the skills
requirements of HR practitioners
Unlocking Human Resource Management
Chapter 8