This
chapter examined the employment relationship and its regulation through the
contract of employment under three key themes. It then examined some of the
‘hot topics/current issues’ within the legal
regulation of the employment relationship and sought to link them to
contemporary HR practice.
Formation
Distinguishing contractual and statutory
employment rights
a)
All
employees have a contract of employment.
b)
All
employees are protected by some statutory rights – these include day one rights
and other rights that require some qualifying length of
service.
The contract of employment
a)
Employment
contracts are contracts of personal service between an employer and an employee.
b)
Employment
contracts are based on the theory of market individualism, where individuals are
seen as rational and self-interested.
c)
Employment
contracts are subject to the common law.
d)
There are
different types of employment contract.
e)
Employment
contracts contain express, implied and statutory incorporated terms and conditions.
Continuation
Discrimination in employment
a)
Discrimination
remains a persistent feature of the employment relationship.
b)
Some
types of ‘discrimination’ remain lawful.
Termination
Termination of the employment
contract
a)
Employees
can be fairly, unfairly, wrongfully or constructively dismissed.
b)
Dismissals
may be fair and potentially fair, otherwise they are unfair.
Enforcement of contractual and
statutory employment rights
a)
Most
employees are treated fairly.
b)
If employees
are treated unreasonably or unfairly they can complain to an employment tribunal.
c)
Tribunals,
HRM departments, the Commission for Equality and Human Rights, the Commission for Racial
Equality, the Disability Rights Commission and trade unions all play a role in
enforcing employment rights.
Current issues
a)
Brexit
and its implications for the regulation of the employment relationship.
b)
The Trade
Union Act 2016 noting especially the manner in which it is possible it will
shift more conflict into the workplace as
individualised behaviours.
c)
The need
for HR to maintain neutrality and advise managers wisely.
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