The Four Pillars of UK Employment Law: What You Need to Know (2024)

Employment law is an important part of running a business in the UK. From recruitment to termination, employers must adhere to specific laws and regulations to ensure their employees are treated fairly and equitably.

In this blog post, we'll talk about the four most important parts of UK employment law: recruitment, pay, discrimination, and health and safety. We'll also give examples of how businesses can follow these rules.

Learn more by watching the video and reading the blog post below:

Recruitment

Recruitment is the process of finding and hiring new employees. It's important to make sure the hiring process is fair and open to everyone. Under UK employment law, you can't be treated differently because of your age, gender, race, religion, disability, sexual orientation, or any other protected trait.

For example, if a business advertises a job vacancy on its website and specifies that they are looking for a candidate who is "young and energetic." This job ad could be seen as unfair to older workers, which could lead to a claim of discrimination against the business.

Pay

Pay is a critical area of employment law that includes the minimum wage, overtime pay, and equal pay.

For example, the UK Government has announced the rates of the National Living Wage (NLW) and National Minimum Wage (NMW) which will come into force from April 2023 and can be seen in the image below:

The Four Pillars of UK Employment Law: What You Need to Know (1)

(Source - https://www.gov.uk/government/publications/minimum-wage-rates-for-2023)

But employers should also be aware of other things that can affect an employee's pay, such as bonuses, commission, and holiday pay.

For example, if a business hires a man and a woman to do the same job, but the woman gets paid less than the man. This could lead to a claim of discrimination for different pay.

Discrimination

Discrimination is an area of employment law that prohibits treating employees or job applicants unfairly based on their age, gender, race, religion, disability, sexual orientation, or any other protected characteristic. Direct discrimination, indirect discrimination, harassment, and victimisation are all types of discrimination.

For example, if a business refuses to hire a job applicant because they are pregnant. This is direct discrimination, and the business could be sued for discrimination.

Health and safety

Health and safety is a crucial area of employment law that aims to protect employees from harm in the workplace. Employers have to do what they can to make sure the workplace is safe and free of dangers. Employers must also provide their workers with the right training and safety gear.

For example, when employees are working in dangerous conditions, if the business doesn't give them protective clothing and tools. This could cause an employee to have an accident or get hurt, which could lead to a lawsuit against the business.

In conclusion, UK employment law is a complicated area that employers must understand to make sure they treat their workers fairly and legally. By paying attention to the four key areas of recruitment, pay, discrimination, and health and safety, businesses can protect themselves and their employees from legal action and create a positive workplace culture.

The Four Pillars of UK Employment Law: What You Need to Know (2024)

FAQs

The Four Pillars of UK Employment Law: What You Need to Know? ›

The Four Pillars of UK Employment Law: What You Need to Know

What are the main UK employment laws? ›

Employment law in the UK covers a wide range of issues. Such as disability, discrimination, dismissal and grievances, employment contracts, holiday entitlement and pay, maternity, parental or paternity leave, pay and benefits, redundancy, and working hours.

What is the UK common law of employment? ›

The law of contract is a particularly relevant common law because all employees in the UK work under a contract of employment (whether that contract is in writing or not). Common law is law derived from custom and judicial precedent, rather than from statute (there's more on statute below).

What are the core principles that underpin employment law as it applies in the UK? ›

Key elements of the Employment Law Act

Employment law prohibits discrimination against employees based on characteristics such as age, gender, race, religion, sexual orientation, and disability. Employers have a legal responsibility to provide a safe working environment and protect their employees from harm.

What are the working standards in the UK? ›

You cannot work more than 48 hours a week on average - normally averaged over 17 weeks. This law is sometimes called the 'working time directive' or 'working time regulations'. You can choose to work more by opting out of the 48-hour week. If you're under 18, you cannot work more than 8 hours a day or 40 hours a week.

What is the difference between the US and the UK employment law? ›

In contrast to the US, employees are not employed “at will” in the UK. Employees have two sets of rights: contractual and statutory. Contractual rights are mainly contained within written contracts. UK law requires that employees receive a written statement of terms within 2 months of starting work.

What are the main laws in the UK? ›

Important Laws in the UK
  • Smoking. Smoking is not permitted in all public places in the UK, including bars, restaurants, shops, cinemas, stations and on public transport. ...
  • Drinking. The legal age to drink alcohol in the UK is 18. ...
  • Drugs. ...
  • Weapons. ...
  • TV licence. ...
  • Council tax. ...
  • Traffic. ...
  • Cycling.

What are the 3 basic employment rights for a worker in UK? ›

What are the 3 basic employment rights for a worker?
  • The right to written terms which outline the workers job rights and responsibilities.
  • The right to national minimum wage, paid holidays and payslips.
  • Protection against unlawful discrimination.

How is employment law enforced in the UK? ›

Employment Tribunals list hearings that make a judgement on contractual and statutory claims, commonly issues such as discrimination, unfair dismissal, and redundancy. In an Employment Tribunal, your case is heard by a tribunal panel.

What is the common law rule in the UK? ›

England and Wales operate a common law system which combines the passing of legislation but also the creation of precedents through case law. The laws are established by the passing of legislation by Parliament which consists of the 'Monarch', the House of Commons and the House of Lords.

What are protected characteristics UK employment law? ›

Under the Equality Act 2010, the protected characteristics for which a worker will be afforded protection against discrimination are age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex and sexual orientation.

What are the working time regulations in the UK? ›

Average working hours are calculated over a 'reference' period, normally 17 weeks. This means you can work more than 48 hours one week, as long as the average over 17 weeks is less than 48 hours a week. Your working hours cannot be averaged out if you're under 18.

What is the doctrine of common employment in the UK? ›

The Doctrine of Common Employment, also known as the “fellow servant rule,” is a legal principle that originated in the 19th century during the Industrial Revolution. It was established as a defence for employers against liability for injuries sustained by employees due to the actions of their co-workers.

What is the structure of employment in the UK? ›

In 2021, 1.03 percent of the workforce were employed in agriculture, 17.97 percent in manufacturing and 80.83 percent in services. The same year, the total UK population amounted to about 81 million people.

What is the new work rule in the UK? ›

New UK immigration rules are being introduced throughout 2024, including an increase in the salary requirement for skilled worker visa to £38,700 per year on 4 April 2024 and spouse visa to £29,000 on 11 April 2024, restrictions on healthcare and care worker visa holders as well as international student visa holders ...

What is work to rule UK? ›

'working to rule' – this means refusing to do work that is optional in their contract, for example refusing to work overtime. 'go slow' or 'slowdown' – this means deliberately slowing down their work. refusing to do a specific task or part of the job.

What is the workplace Act in the UK? ›

The Health and Safety at Work Act 1974

Adequate training of staff to ensure health and safety procedures are understood and adhered to. Adequate welfare provisions for staff at work. A safe working environment that is properly maintained and where operations within it are conducted safely.

What are the three types of employment in the UK? ›

The main types of employment status are: worker. employee. self-employed and contractor.

What are workplace policies UK? ›

Workplace policies are specific guidelines for the behaviour of staff and how a company would like to structure the operations they undertake. Policies reinforce the overall operating procedure and working practices of a company.

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