introduction to employment law

• Employment Law


  Governs relationship between the employer and the employee
• Determining if an employer-employee relationship exists

  Check if a contract of employment exists between the parties
• Employee tests


  • Control test
  • Organisational test
  • Multiple test
  • Economic reality test
  • Mutuality of obligation
• Contractual principles


  • Offer and acceptance
  • Consideration
  • Intention to create legal relations
• A contract does not have to be in writing
• Express terms


  Included in a statement of written particulars within 2 months, such as pay, hours of work, holiday entitlement, sick pay arrangements, notice periods, information about grievance procedures
• Duties owed by the employer (implied terms)

  • Duty to pay wages
  • Health and safety
  • Provide references
  • Provide work
  • Grievance procedure
• Duties owed by the employee (implied terms)


  • Duty of obedience
  • Reasonable skill, diligence and care
  • Good faith and confidence
  • Co-operation
• External factors affecting contracts

  • Collective agreements
  • Statute
• Varying a contract of employment

  1. Cannot be varied without agreement

  2. Flexibility clauses may allow employer discretion

  3. Variation should be necessary

  4. Consultation and agreement process

  5. Changes should be confirmed in writing

  6. Termination should be last resort

  7. Certain changes may require collective consultation
• Post 31 December 2020 the European Court of Justice no longer has any constitutional role in the UK
• However, ECJ rulings will apply in the UK unless the Supreme Court decides to alter any precedents
• Short term - all existing employment law of EU origin will remain on the UK Statute Book
• Longer term - amendments could be made to employment rights and existing ECJ judgements could be overturned or altered
• Article 6.2 of the EU-UK Trade and Cooperation Agreement: 'A party shall not weaken or reduce in a manner affecting trade or investment between the parties, its labour and social levels of protection below the levels in pace at the end of the transition period, including by failing to effectively enforce its law and standards.'