Employment Legislation

This sets out requirements and protection for employees and employers and the relationship between each party. There are numerous pieces of legislation which relate to employment and some of the key ones include:
1. Employment Rights Act 1996: This is an extensive piece of legislation covering 15 ‘Parts’ and many ‘Chapters’. It provides a wide range of rights to an employee, including being provided with a written contract of employment, being notified of the relevant disciplinary procedure, not to be unfairly dismissed, being provided with an itemised statement of pay, notice of termination of contract being stated, redundancy pay, maternity / paternity leave, flexible working requests, and much more. (https://www.legislation.gov.uk/ukpga/1996/18/contents)
2. National Minimum Wage Act 1998 states the right for a worker to be paid the minimum wage and the action that can be taken to enforce the obligations of the Act (https://www.legislation.gov.uk/ukpga/1998/39/contents). The Government publishes the rates on an annual basis, with 2023 being at https://www.gov.uk/government/publications/minimum-wage-rates-for-2023.
3. Working Time Regulations 1998, sets a maximum (average) of 48 hours over a 7-day period, unless an employee opts out of this arrangement, identifies a range of obligatory rest, and also a rest break during a day of not less than 20-minutes if working for 6-hours, or more (only after the 6-hours has been reached). (https://www.legislation.gov.uk/uksi/1998/1833/contents/made)
4. Employment Relations Act 1999: An employee can be accompanied by a companion of their choice to a disciplinary or grievance meeting (Section 10), a Trade Union can seek to be recognised by an employer if there is support from at least 21 employees (Schedule 1); and employees can have time off for dependants (Schedule 4: Part II). (https://www.legislation.gov.uk/ukpga/1999/26/contents)
5. Maternity and Parental Leave etc. Regulations 1999. This identifies the provision and obligations employers must make for maternity and parental leave. (https://www.legislation.gov.uk/uksi/1999/3312/contents/made)
6. Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000: This states that part-time workers must be treated no less favourably, i.e. in the same way, as full-time workers. (https://www.legislation.gov.uk/uksi/2000/1551/contents/made)
7. Transfer of Undertakings (Protection of Employment) Regulations 2006 (https://www.legislation.gov.uk/uksi/2006/246/contents): This is commonly known by its acronym/abbreviation of TUPE and “… the effect of the Regulations is to preserve the continuity of employment and terms and conditions of those employees who are transferred to a new employer when a relevant transfer takes place.” ((2009), ‘A guide to the 2006 TUPE Regulations for employees, employers and representatives’, Department for Business Innovation & Skills, p.4, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/271496/bis-09-1013-guide-to-tupe-regulations-2006.pdf)
8. The Equality Act 2010: Another significant piece of legislation, which aims to reduce discrimination and make this illegal on a range of grounds (termed protected characteristics), including age, disability, sex, race, marriage and civil partnership, sexual orientation, gender reassignment, pregnancy and maternity, and religion or belief. (https://www.legislation.gov.uk/ukpga/2010/15/contents)
9. Flexible Working Regulations 2014. Where an employee has been employed for 26 weeks, or greater, they can request, in writing, flexible working, although they don’t have a right to this, and an employer can refuse this request if they consider it will affect business performance and viability. (https://www.legislation.gov.uk/uksi/2014/1398/contents/made)

See also ‘Employment status and employment rights: guidance for HR professionals, legal professionals and other groups’, 26 July 2022, Department for Business, Energy & Industrial Strategy, https://www.gov.uk/government/publications/employment-status-and-employment-rights/employment-status-and-employment-rights-guidance-for-hr-professionals-legal-professionals-and-other-groups#employment-rights