Employment and the Law

Employment Rights Act 1996

The Employment Rights Act 1996 outlines the legal rights and obligations of workers and employers.
It provides protection against unlawful dismissal, unfair redundancy and discrimination.
It sets out duties and responsibilities for employees, such as the acceptance of reasonable instructions and giving notice of resignation.
Under this Act, employers cannot dismiss an employee without a fair reason and must provide a written statement of employment particulars, including pay, working hours, and notice period.

Equality Act 2010

This legislation prohibits discrimination, harassment, and victimisation in the workplace on the basis of protected characteristics - age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex, and sexual orientation.
It includes provisions for equal pay for equal work, meaning it is unlawful to pay men and women differently for the same job.
It also offers protection to employees who are pregnant or on maternity leave.

Minimum Wage Regulations

The National Minimum Wage Act 1998 and subsequent regulations set out the minimum amount employers must pay their workers per hour.
The specific rate varies depending on the worker’s age and whether they are an apprentice.
Failing to pay the national minimum wage can result in fines or prosecution for employers.

Health and Safety at Work Act 1974

This Act places the responsibility for health and safety in the workplace on both employers and employees.
Employers must abide by these health and safety regulations and ensure working conditions are safe.
They must provide any necessary training and make sure machinery and material are safe to use.
Employees have a duty to follow Health and Safety guidelines put in place by their employers.

The Working Time Regulations 1998

This legislation limits the maximum working week to 48 hours, although workers can opt out if they choose.
It also provides rights to paid annual leave, rest breaks, and limits the amount of night work.
Employers can be prosecuted if they pressure workers to opt out of the 48-hour week.

Trade Union and Labour Relations Act

Trade union recognition is protected under this Act, which affords workers the freedom to join, leave, or refrain from joining a trade union.
It also regulates strikes and industrial action, providing protection for workers partaking in lawful strikes action from dismissal.
It sets requirements for consulting with recognised trade unions over redundancies and changes that affect workers’ terms and conditions.

Employment Tribunal Claims

If a worker believes their employment rights have been breached, they can make a claim to an employment tribunal.
Employers found to be at fault could face a financial penalty and will usually be required to remedy the situation that led to the breach.
Before going to a tribunal, most people must notify the Advisory, Conciliation and Arbitration Service (ACAS) to try Early Conciliation.