7OS01 Advanced Employment Law in Practice focuses on the main principles of employment law, the defences employers can use, and the remedies employees may seek when they take cases to court. It looks at common employment law issues that arise in organisations and helps build understanding of how to prepare a defence or resolve claims before a hearing. It also covers the legal system, the main sources of law, and how employment regulation in the UK has developed over time.
Table of Contents
Learning Outcome 1: Understand the legal framework for employment regulation in the UK.
AC 1.1 Discuss the major sources of employment law and its evolution, including the major employment rights
UK employment law derives from multiple sources that interact in a complex and evolving hierarchy. Understanding this multi-layered framework is essential for people professionals who must ensure organisational compliance while advocating for fair and effective employment practices (Taylor, 2024).
Common law, developed through judicial decisions over centuries, provides foundational principles governing the employment relationship. The contract of employment, implied duties of mutual trust and confidence, and the duty of care all originate in common law. Common law continues to evolve through judicial interpretation, with landmark decisions shaping areas such as employment status, restrictive covenants, and the scope of implied contractual terms (Sargeant and Lewis, 2024).
Statute law, enacted by Parliament, constitutes the primary source of modern employment rights. Key statutes include the Employment Rights Act 1996, the Equality Act 2010, the Trade Union and Labour Relations (Consolidation) Act 1992, the National Minimum Wage Act 1998, the Working Time Regulations 1998, and the Health and Safety at Work etc. Act 1974. The evolution of statutory employment rights reflects broader social, political, and economic developments, from the factory legislation of the nineteenth century through the post-war welfare state to the individual rights-based framework that characterises the contemporary era (Taylor, 2024).
European Union law significantly shaped UK employment law during EU membership, introducing directives on working time, agency workers, fixed-term contracts, collective redundancy consultation, and TUPE. Following Brexit, the Retained EU Law (Revocation and Reform) Act 2023 determined which EU-derived rights were preserved, amended, or revoked. While the majority of substantive employment rights were retained, the long-term trajectory of post-Brexit divergence remains uncertain, and people professionals must monitor legislative developments closely (Lewis and Sargeant, 2023).
