EMPLOYEE LAW

Employee Law and Relations

Employee Law and Relations

Introduction

Employment law, overall, is not a theoretically complicated subject, and a good spoonful of logical common sense can frequently work wonders. However, intuition will not offer all the answers or the paramount advice. Employment law can be tremendously thorough at times and a legal representative desires to grab both the aspects and in general the implications in order to provide appropriate direction to his or her client. The interrelationship among issues such as a violation of contract and iniquitous discharge, for case in point, can cause some mystification to individuals fresh to the subject matter.

Modern employment law came out out of the poor employee laws, Trade Unions and the olden times of Craftsmen's Guilds. Family law has functioned to the performance of agriculture workers and household servants, and in the nineteenth century, the regulation of contract. By 1960s, one could discover for the most part of the employment texts in textbooks of contracts; however, from the centre of that decade forward, UK and EU legislation become the main dynamic force in the formation of service rights and compulsions. Any queries related to law of employment now includes, contractual common law principles, pure statutory principles, combination of UK and European legislation; or mixture of all the above.



Discussion

It has been suggested that the UK employment law are basically supported by different statue. The UK laws have been highly affected by its membership with European Union and globalization. Development of laws with regards to anti discrimination and equality has also modified the employment laws. All in all legislation has a pivotal role in establishing of current UK employment laws. Additionally some laws that cannot be described and resolved with its help and have been dealt with, by referring to different cases in law for guidance.

There is a strong connection between case laws and legislation in forming the basis of UK employment laws. Employers are supposed to satisfy the following requirements with regards to their basic obligations towards employees:

There should be clear terms and condition in employment contract so that the employee is well aware and can make informed decisions.

Transparency of implied terms and conditions of contract that are the result of case law and legislative activity.

Legislative provision that can be applied in practical situation.

Jurisdictions of the courts and employment tribunals Source: Employment Law by Holland & Burnett (2007)

Employment Status of Employees

As it is required by law that any worker who wishes to sue their employer for unfair dismissal must firstly prove that he or she is an employee of the company. Employers engage their employees on either contracts for services or contract of service. Only person who are engaged under the contract of service are believed to be an employee and hence are required to be secluded by full range of service legislation. A self-employed person or an self-governing contractor will be working under a services of contract with the party for whom he or she is ...