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British labour law | ||
British labour law is that body of law which regulates the rights, restrictions obligations of trade unions, workers and employers in the During much of the Nineteenth century the employment contract was based on the Master and Servant Act of 1823, designed to discipline employees and repress the 'combination' of workers in Trade unions. Employment Law in the United Kingdom has developed rapidly over the past forty years, due to a historically strong Trades Union movement and (since 1973) to the United Kingdom's membership of the European Union. In its current form, it is largely a creature of Statute, (Acts of the UK Parliament) rather than Common Law. Leading Employment Law Statutes include the Employment Rights Act 1996, the Employment Act 2002 and various legislative provisions outlawing discrimination on the grounds of sex, race, disability, sexual orientation, religion and, from 2006, age. Unusually for Summary of Internal Employer's Process: resolving problems before legal actionRecent legislation (particularly the Employment Act 2002) has stressed the importance of employees and employers resolving their differences between them prior to starting costly legal disputes. All employees have the right to raise formal grievances against their employer. If they do so, the employer should arrange for a meeting between the parties to discuss how to resolve their differences. If the employee remains dissatisfied, they can appeal the outcome of the first hearing. A failure on the employee's part to follow this procedure may preclude a claim for constructive dismissal, and a failure on the employer's part may lead to an increase in the compensation payable to the employee if he successfully pursues a Tribunal claim. Preacceptance ProtocolsA complaint of unfair dismissal must be made to an employment tribunal within 3 to 4 months of the effective date of termination of the employment. If the substance of the complaint has been raised in writing with the employer either before or within 3 months of termination, then a claimant has 3 months to submit a complaint. If the substance of the complaint has not been raised either before or within 3 months of termination, the claimant has 4 months to submit a complaint, with a grievance being submitted within the extra month provided if it has not already been submitted within the first 2 months. If a grievance is then submitted within the fourth month, the claimant has a further two months within which to submit a complaint. Standalone unfair dismissal complaints do not require a grievance whereas constructive dismissal claims do. Most solicitors within the If a claimant has not submitted a complaint with the 3 month period, the tribunal will likely invite the claimant to write to the chair of the tribunal explaining why they feel the claim should be accepted out of time, within 14 days of the tribunal writing to the claimant. Those tribunals that do not pick this up will invite the respondent to address this in the response form (ET3) and a pre-hearing review will most likely be arranged to discuss the same. Copyright 2008 - France BtoB from Wikipédia
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• The Disability Discrimination Act
• Accord and satisfaction • Employment contract • Employee Retirement Income Security Act • Overtime in the United States • Unemployment benefit in UK • British labour law | |
