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Employment law: key points

Employment law: key points. Need to be aware of where law comes from: statute law common (case) law EU law codes of practice Distinguish civil vs. criminal law Collective vs. individual law. Employment law: key points. Consider how law is enforced: role of the courts system

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Employment law: key points

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  1. Employment law: key points • Need to be aware of where law comes from: • statute law • common (case) law • EU law • codes of practice • Distinguish civil vs. criminal law • Collective vs. individual law Unlocking Human Resource Management Chapter 8

  2. Employment law: key points • Consider how law is enforced: • role of the courts system • role of regulatory bodies (e.g. Equalities and Human Rights Commission) • role of self-regulation • Tribunal system and enforcement of statutory rights • Penalties/sanctions for breach of contract and infringement of statutory rights Unlocking Human Resource Management Chapter 8

  3. Employment law: key points • Forms of employment law: • regulatory law • restrictive law • auxiliary law • Historically law has played a minor role in the regulation of employment • Today law has an impact on the employment relationship at many stages Unlocking Human Resource Management Chapter 8

  4. Employment law: key points • Influences recruitment and selection decisions – discrimination law • Once job has been offered and accepted contract law comes into play • importance of express and implied terms • Importance of the law in regulating contract details: • pay • working time • holidays • rest periods Unlocking Human Resource Management Chapter 8

  5. Employment law: key points • Law also important where organisational change is taking place: • impact of change on contractual terms • issues of redeployment and redundancy • business transfers • Importance of law in managing the employment relationship: • issues of performance and capability • termination of employment; laws on unfair dismissal and redundancy Unlocking Human Resource Management Chapter 8

  6. Employment law: key points • Important to consider how law affects the HR role and function • The relationship between legislation and ‘best practice’ HR • Law often about minimum standards – sets a floor of rights which organisations can build upon Unlocking Human Resource Management Chapter 8

  7. Learning summary By the end of this chapter you should: • Appreciate the growing importance of law in regulating employment • Understand the main sources of law and how law is enforced • Understand the importance of the contract of employment and contractual terms • Appreciate the impact of employment law on the work of the HR function and the skills requirements of HR practitioners Unlocking Human Resource Management Chapter 8

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