Employment Law

5000 Words20 Pages
Q1 – Understand the purpose of employment regulation and the way it is enforced in practice.
Explain the purpose of employment law and how it is enforced. Describe the role played by the tribunal and courts system in enforcing employment law. Include how cases are settled before and during formal legal proceedings. (1.1, 1.2, 1.3)
1.1 – Explain the aims and objectives of employment regulation
Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers passed in 1349 and consisted of regulations and price controls issued by King Edward 111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time by the Justice of the peace. The ordinance was written in
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Common Law has an equal footing to that of statute.
(Wikipedia 2016a)

In addition, we have European law, a major source of legislation related to employment matters for example, treaties (applies to trading activities across the UK), Regulations, Directives (UK Legislation) and decisions, which set precedence and legal test.

1.2 - Describe the role played by the tribunal and courts systems in enforcing employment law

The role of the tribunal and court systems in enforcing employment law is to ensure that cases brought before them are dealt with in a fair and consistent manner. Delivering an outcome that is consistent with the facts put before them. They have to consider the evidence placed by both the employee and the employer. In most cases it is for the employer to prove that they handled the case appropriately taking account of their internal procedures and ensuring that they were not in breach of any relevant employment legislation related to the employee and their circumstances.
In the UK most employment law is considered as a civil or private law and is enforced as a result of one party suing another. The primary outcomes sought is usually that of compensation. Cases brought before the court are generally made by a former or existing employee or a failed job applicant and they use the courts system to allege that their employer has in some way caused a detriment and has done this in contravention on the law.

Structure of the courts

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