Employment and the Law

Employment law can be a very confusing area to try to come to grips with. It deals with the actions of both the employers and employees of a business. The law involved with employment aims to protect, for the most part, employees against the actions of their employers. Whether done intentionally or by accident employers must be held liable for actions which are deemed in breach of employment law. I aim to discuss the laws in place and what actions they protect against. Following this I will look at the employment contracts involved with employment and the law, looking at what they entail and how they can be changed.

General provisions

• The Sex Discrimination Act 1975: Protection against discrimination made on the basis of gender.

• The Equal Pay Act 1970: This protects against employers unfairly paying positions of the same level different amounts.

• Employment Equality Regulations 2003: This ensures that equality is obvious across the workforce, with regards pay, workload and duties.

• The Race Relations Act 1976: This protects against any discrimination made on the basis of race.

• Employment Rights Act 1996: This covers all details of the rights both the employer and employee have within their working life.

• Protection from Harassment Act 1997: This protects against any form of harassment or fear of harassment between employer and employee.

• Health and safety Act: This is there to ensure the working environment is a safe place to work and if not then the individual responsible is to be held liable.

Employment contracts

Certain areas of employment and the law are covered by the employment contract commonly referred to as 'contract of employment' The contract of employment details what employment rights, duties and responsibilities the employer and employee has, these are known as the 'terms' of the agreement. It is important to have this contract in place so that both the employer and employee known exactly what their rights are and what is expected of them. Employment contracts do not have to be in writing but experience in employment and the law suggests that you should get the contract in writing. Disputes that arise out of the contract of employment can be much harder to prove if not in writing. Both the employer and employee are legally bound by the contract until it expires or until it is changed.

The employer or employee may have reasons for the contract to be changed. No changes to a contract of employment can be made within consent of both parties involved. This means that both the employer and employee must agree to the suggested changes before they can be implemented in to the terms of agreement.

Reasons for the employer or employee to change the contract:

Employers may need to make changes to the current rates of pay, working time (length of hours worked), employee duties and responsibilities, the duties and responsibilities of the position in charge and potentially the location of where you work. These may occur due to economic reasons, reorganisation or relocation of the business or changes due to new laws and regulations being implemented. Whatever the reasons, as an employee you are well within your rights to debate potential changes if you feel the changes are likely to affect you in any negative way.

Employees may similarly request to change the terms of the contract. They may require better pay (this is not a right but can be requested), improved working conditions, different working hours and more holiday. Employee changes to a contract are more based around personal and social issues rather than changes to the business itself.

Whatever your dispute within employment and the law, I would advise you to always consult a solicitor. Employment and the law is a complex field and for any claim or case made against and employer or employee to be successful, the assistance of a solicitor will be most beneficial.

I am a legal writer who specialises in employment and the law, if you would like more information about employment and the law and would like to find a solicitor, I suggest you have a look at lawontheweb.co.uk.