Q1 – Understand the purpose of employment regulation and the way it is enforced in practice.
Explain the purpose of employment law and how it is enforced. Describe the role played by the tribunal and courts system in enforcing employment law. Include how cases are settled before and during formal legal proceedings. (1.1, 1.2, 1.3)
1.1 – Explain the aims and objectives of employment regulation
Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers passed in 1349 and consisted of regulations and price controls issued by King Edward 111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time by the ...view middle of the document...
The purpose to ensure that judges pass in the main a consistent ruling. Common Law has an equal footing to that of statute.
In addition, we have European law, a major source of legislation related to employment matters for example, treaties (applies to trading activities across the UK), Regulations, Directives (UK Legislation) and decisions, which set precedence and legal test.
1.2 - Describe the role played by the tribunal and courts systems in enforcing employment law
The role of the tribunal and court systems in enforcing employment law is to ensure that cases brought before them are dealt with in a fair and consistent manner. Delivering an outcome that is consistent with the facts put before them. They have to consider the evidence placed by both the employee and the employer. In most cases it is for the employer to prove that they handled the case appropriately taking account of their internal procedures and ensuring that they were not in breach of any relevant employment legislation related to the employee and their circumstances.
In the UK most employment law is considered as a civil or private law and is enforced as a result of one party suing another. The primary outcomes sought is usually that of compensation. Cases brought before the court are generally made by a former or existing employee or a failed job applicant and they use the courts system to allege that their employer has in some way caused a detriment and has done this in contravention on the law.
Structure of the courts system
Different types of case are dealt with in specific courts: for example, all criminal cases will start in the magistrates’ court, but the more serious criminal matters are committed (or sent) to the Crown Court. Appeals from the Crown Court will go to the High Court, and potentially to the Court of Appeal or even the Supreme Court.
Civil cases will sometimes be dealt with by magistrates, but may well go to a county court. Again, appeals will go to the High Court and then to the Court of Appeal – although to different divisions of those courts.
The tribunals system has its own structure for dealing with cases and appeals, but decisions from different chambers of the Upper Tribunal, and the Employment Appeals Tribunal, may also go to the Court of Appeal.
The courts structure covers England and Wales; the tribunals system covers England, Wales, and in some cases Northern Ireland and Scotland. (https://www.judiciary.gov.uk/about-the-judiciary/the-justice-system/court-structure/)
Employment cases can start in one of three courts, which court they commence in is partly dependent upon the level of compensation sought by the person making the claim. For example, employment tribunals generally hear cases made by a former employer are related to a breach of employment statute or where a breach of contract has been made and the level of compensation does not exceed £25,000. Breaches of common law e.g....