EmplOyment Law Draft 1
Purpose of employment regulation and the way it is enforced in practice
1.1 Aims and objectives of employment regulation
Origins of employment law date back to the 14th century, with the first labour legislation, the Ordinance of Labourers, being passed in 1349. It maintained wages at rates to be fixed from time to time by justice of the peace. However, it is not really until the early 19th century that we see a significant increase in change in employment law, and an ever-increasing speed of change and innovation, giving more and more legal protection to workers.
Laws are critical to every society in every country and in Britain we have three main varieties of law at work; statute laws, European laws and common laws. The purpose of employment legislation in the UK is ensure that the employee has contractual rights, such as entitlement to a minimum wage, pay structure, fairness in the work place, realistic health and safety conditions. Equally, employment legislation is there to protect the employer and to ensure social and political objectives. Of the course of the past hundred years, we have seen the governments use employment legislations to gain and increase political favour and power.
Statute law is government lead. Made either directly through passing of Acts of Parliament, or indirectly through the creation of statuary Instruments that contain rules and regulations. On an annual basis government will generally create around one hundred laws through Acts of Parliament, and around two hundred thousand statutory Instruments.
European law can often override national laws of those countries who have chosen to join the European Union. Britain joined in 1973, therefore agreeing to be subject to European Community Laws.
Hugely important to development of the English Legal System, Common Law has developed over centuries from judgements given in courts. The judge sets the precedent for future laws by its interpretation and ruling, which are then usually used
1.1 Aims and objectives of employment regulation
Origins of employment law date back to the 14th century, with the first labour legislation, the Ordinance of Labourers, being passed in 1349. It maintained wages at rates to be fixed from time to time by justice of the peace. However, it is not really until the early 19th century that we see a significant increase in change in employment law, and an ever-increasing speed of change and innovation, giving more and more legal protection to workers.
Laws are critical to every society in every country and in Britain we have three main varieties of law at work; statute laws, European laws and common laws. The purpose of employment legislation in the UK is ensure that the employee has contractual rights, such as entitlement to a minimum wage, pay structure, fairness in the work place, realistic health and safety conditions. Equally, employment legislation is there to protect the employer and to ensure social and political objectives. Of the course of the past hundred years, we have seen the governments use employment legislations to gain and increase political favour and power.
Statute law is government lead. Made either directly through passing of Acts of Parliament, or indirectly through the creation of statuary Instruments that contain rules and regulations. On an annual basis government will generally create around one hundred laws through Acts of Parliament, and around two hundred thousand statutory Instruments.
European law can often override national laws of those countries who have chosen to join the European Union. Britain joined in 1973, therefore agreeing to be subject to European Community Laws.
Hugely important to development of the English Legal System, Common Law has developed over centuries from judgements given in courts. The judge sets the precedent for future laws by its interpretation and ruling, which are then usually used
References: CHARTERED INSTITUTE OF PERSONNEL AND DEVELOPMENT. (2010) Employment law developments in 2009 and 2010. Factsheet. London: CIPD. Available at: www.cipd.co.uk/subjects/emplaw ACAS. 2014. Managing discipline - Investigation to possible dismissal. (ONLINE]) Available at: http://www.acas.org.uk/index.aspx?articleid=4227. (Accessed 22 April 15). DANIELS, K. (2008) Employment law: an introduction for HR and business students. 2nd ed. London: Chartered Institute of Personnel and Development. NAIRNS, J. (2007) Employment law for business students. 3rd ed. Harlow: Longman. TAYLOR, S. and EMIR, A. (2009) Employment law: an introduction. 2nd ed. Oxford: Oxford University Press.