Skip to main content

Insight article

July 2, 2019

What is employment law?

Employment law focuses on everything to do with the world of work and offers protection to businesses, as employers, and individuals as employees and workers.

It doesn’t matter whether an organisation is a small company or a large corporate entity; employment law will come into play when it retains someone to work for it or provide services to it.

There are three main sources of employment law in the UK:

  1. law derived from case law (cases heard before the Courts and Tribunals);
  2. UK statutes and European law; and
  3. certain codes of practice also have influence, for example, the ACAS Code of Practice on Discipline and Grievance Procedures.

Generally, the UK enjoys the benefits of employment laws which strike a balance between worker protection and business flexibility.

Employment Tribunals have the authority to hear most claims arising out of breaches of employment law, for example, discrimination claims, unfair dismissal claims and wrongful dismissal claims. They can also hear some claims submitted by workers, for example, discrimination claims and protection of wages claims. In addition, the High Court and County Courts can hear breach of contract claims.

What does employment law involve?

Employment law falls into two main categories. One deals with employees and their rights and obligations and encompasses other categories of workers and the self-employed (as not everyone working for another is an employee). The other deals with employers and their rights, duties and obligations. Thrown into the mix are matters of legislation, statutory authorities, conduct regulations and the processes through which the law is implemented.

In summary

Employment law covers various issues, including recruitment, remuneration and bonus schemes, the movement of employees and their exit. For example:

  • Contracts of employment and service agreements
  • Confidential information and springboard injunctions[1]
  • Consultancy agreements
  • Disciplinary and grievance procedures
  • Discrimination and victimisation claims (including bullying and harassment claims)
  • Employee due diligence on business transfers (TUPE)
  • Employee share schemes
  • Equal pay
  • Family-friendly rights (maternity/paternity and flexible working requests)
  • Managing sickness absence
  • Performance management
  • Policies, procedures and handbooks (including social media policies)
  • Post-termination restrictions and garden leave
  • Redundancy and reorganisation (including collective consultation for large-scale redundancies)
  • Settlement agreements (formerly known as compromise agreements)
  • Sickness and absence from work
  • TUPE rights
  • Unfair dismissal and wrongful dismissal
  • Whistleblowing

It is important for employers to keep up to date with the latest developments in employment law and the practical implications of changes. To find out more, contact Karen Cole.

[1] An injunction is a court order restraining a person from beginning or continuing an action threatening or invading the legal right of another or compelling a person to carry out a certain act. A springboard injunction is an injunction to prevent a former employee who has used confidential information to their own advantage from gaining a head start in competition with their former employer. An ordinary injunction would not be effective as the information has been published and is no longer confidential. Back to article

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Strategic lifetime gifting
    How to minimise your IHT liability during your lifetime.


    Read more
  • Navigating directors’ duties
    Legal responsibilities and risks for UK company directors


    Read more
  • Preparing a business-lasting power of attorney
    In this article, private client solicitor Herman Cheung of West End law firm RIAA Barker Gillette (UK) considers the advantages, needs and practical examples of creating a bu


    Read more
  • Can you make a WhatsApp will?
    Key legal requirements and future outlook.


    Read more
  • Supporting neurodiverse people in family law matters
    Understanding neurodiversity in the legal context.


    Read more

What they say...

  • Michael, May 2025
    “Very pleased with the services provided by Charlotte Barbaroussis. Particularly found her quick and effective to reply to any queries.”

  • Malcolm & Sheila Blackmore, May 2025
    “My wife and I engaged RIAA Barker Gillette to prepare our wills and LPOA’s. James McMullan and Charlotte Barbaroussis were the epitome of professionalism – responding quickly, talking us through the legalese, clearly answering any

  • Ian, April 2025
    “Martin and his team at Barker Gillette acted for us in our purchase and sale of property. The chain was lengthy and elements of the work became complex. Martin was tenacious and resolved to answer our queries as they arose. He handled all aspe

  • Henry, April 2025
    “We have purchased flats before with 2 different solicitors who were unable to help us this time. Martin came highly recommended and are we glad. He was very professional in every way: knowledgeable, approachable, he has a friendly manner, very

  • Megan Purcell-Jones, April 2025
    “Charlotte was extremely diligent and thorough. She talked us through the process of making our wills and listened to and understood our needs and the complexities involved. Extremely patient and very clear.”

Read more