Explain the core principles that underpin employment law as it applies in the UK

Assignment Brief

HR50021E – Employment Law

1.1 Learning outcomes to be assessed

On completion of this module students will be able to:

1. Explain the core principles that underpin employment law as it applies in the UK, including common law, their purpose, origin and how employment law is enforced in practice.
2. Advise colleagues about significant legal implications of decisions, plans or proposals in the employment field, and manage change and reorganisation lawfully.
3. Advise about the appropriate action and lawfully manage the process that should take place in workplace scenarios where employment regulation applies, such as dismissal, redundancy, retirement, recruitment and selection, pay and working time, and performance and disciplinary matters.
4. Assist in determining the appropriate organisational response when legal action on the part of a worker or employee is anticipated, threatened or taken.
5. Demonstrate a critical understanding of the process of preparation, presentation and settling of employment tribunal cases.
6. Demonstrate a critical awareness of how to set up and manage HR policy in an organisation that will ensure staff is treated lawfully when they are at work.

Sample Answer

Understanding and Applying Core Principles of UK Employment Law in HR Practice

Introduction

Employment law in the United Kingdom plays a vital role in regulating the relationship between employers and employees. It ensures fair treatment, protects workers` rights, and promotes a lawful, structured approach to workplace management. The law is rooted in common law, statutory provisions, and influenced by both national and international standards. Human Resource (HR) professionals must understand these legal principles to manage workplace issues lawfully and ethically. This essay explores the core principles underpinning UK employment law, discusses how it applies in practical HR scenarios, and analyses the process of managing legal risks, including employment tribunals and HR policy development.

Core Principles of UK Employment Law

UK employment law is shaped by several sources: common law (judge-made law), statutory law (laws passed by Parliament), EU law influence (historical and retained law post-Brexit), and case law from tribunals and courts.

Common Law and Contracts

At the heart of employment law is the contract of employment, governed by common law. This defines mutual obligations, such as employer’s duty to pay wages and employee’s duty to work. Implied terms in contracts include trust and confidence, duty of care, and duty of fidelity (Cabrelli, 2020). Breach of these terms can lead to claims such as constructive dismissal.

Statutory Rights and Protections

Statutory law offers minimum standards and protections, including:

• Employment Rights Act 1996: governs unfair dismissal, redundancy, and notice periods.

• Equality Act 2010: prohibits discrimination in recruitment, pay, promotion, and dismissal.

• Working Time Regulations 1998: set limits on working hours, rest breaks, and holidays.

• National Minimum Wage Act 1998: sets pay floors.

These laws are enforced through employment tribunals and the Employment Appeal Tribunal (EAT), providing remedies such as reinstatement, compensation, or declaration of rights.

Applying Employment Law in Workplace Scenarios

HR professionals must apply legal knowledge in daily practice, particularly when managing issues such as dismissal, redundancy, recruitment, and discipline.

Dismissal and Disciplinary Procedures

Lawful dismissal requires fair reason (e.g., misconduct, capability, redundancy) and fair process under the Employment Rights Act 1996. Failure to follow ACAS Code of Practice on discipline can lead to tribunal penalties. For example, if an employee is dismissed without investigation or hearing, it may be ruled unfair dismissal (BHS v Burchell [1978]).

Redundancy and Change Management

In redundancy, employers must demonstrate genuine redundancy, follow consultation procedures, and consider alternative employment. HR must manage organisational change lawfully, using fair selection criteria and avoiding discrimination.

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