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EMPLOYMENT LAW

(1) Employment law deals with relationship between employers and employees in a recruitment process, during employment and at the end of employment. It is related to most aspects of employment including discrimination, fair pay, dismissal, employee benefits, and workplace safety, etc.
(2) In the UK rights and obligations of employers and employees come from the following main sources:
• Acts of Parliament, which give rise to statutory rights and obligations;
• Employment contracts, which give rise to contractual rights and obligations. This area of law is largely governed by case law;
• European Union legislation and judgments from the European Court of Justice.
(3) Clauses in employment contracts cover job title, hours of work, term of the contract, time off and leave, remuneration, sick pay, confidentiality, giving notice. The non-competition clause imposes restrictions on the actions of an employee once the employment is ended.
The employee is not allowed to start the same business or work for a rival of the employer for a certain period of time. The employment contract also provides for the grievance procedure in the event of the employee's problems at work or job loss. The parties to the employment contract may agree to vary provisions of the contract but they cannot be unilaterally varied.
The Employment Rights Act 1996 requires the employer to provide the employee with a document containing the terms and conditions of employment.
(4) Employers are bound by the employment contract and statutory regulation as to how they may deal with employees, particularly in relation to the termination of employment. Failure to observe such obligations and regulations may give rise to a claim for wrongful dismissal, constructive dismissal or unfair dismissal. In case of wrongful dismissal the employer is in breach of contract. When an employee resigns because of the conduct of his employer, it is constructive dismissal. Unfair dismissal happens when the employer breaches certain statutory provisions by dismissing an employee.
For example, an employee has been dismissed because of his sex, age, race, disability or nationality or made redundant unfairly. The employment law also states that the employer is obliged to follow a certain procedure of warning the employee before terminating the contract with him. If the employer fails to do this, the employee may also claim unfair dismissal.
However, the employer does not have to follow the procedure when the employee is guilty of gross misconduct that is a very bad behaviour, such as stealing money from the employer. Gross misconduct may result in immediate dismissal.