British Labor Law
British labor law has a long and complex history. Beginning in the early 14th century, the precise aims of labor legislation enacted through the years have always reflected the views and needs of society at large. Modern British employment law emphasizes fairness and personal rights, while in the past the needs of the community routinely overrode those of the individual employee.
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History
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Legislation regulating British workers was first enacted in Britain during the reign of Edward III in the early-to-mid-14th century with a focus on the needs of the state. Prior to this time, labor law had been the province of the Church, which created localized rules in conjunction with prominent local figures. Since the 14th century, British labor law has moved away from legislation benefiting the state and into attempts to make the employer-employee relationship fairer.
Features
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Modern British labor law, under the Employment Act 2002 and related legislation, features an emphasis on fairness with clearly defined terms and conditions in employment contracts, the ability to have grievances dealt with in a timely manner and an end to workplace discrimination. The 2002 act introduced statutory grievance procedures that created a base standard for dealing with workplace problems--with failure to follow these procedures being grounds for bringing an unfair dismissal claim in the Employment Tribunal.
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Legislation
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Most of modern British labor law is contained in the Employment Act 2002 and the Employment Rights Act 1996--which streamlined employment law and emphasized amicable dispute resolution over court action. Workplace discrimination has been dealt with through numerous anti-discrimination laws, including the Race Relations Act 1976, the Sex Discrimination Act 1975 and the Sex Discrimination (Gender Reassignment) Regulations 2003.
Effects
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Although some business leaders such as Lord Sugar have stated that anti-discrimination legislation has caused employers to "think twice" before employing women and minorities, the overall effect of modern British labor law has been to increase fairness and equality in the workplace. However, a recent study by the University of Warwick has shown the onus is still on individuals to bring equality claims to the Employment Tribunal, rather than on companies to act according to the law.
Considerations
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The Employment Act 2002 allows the Employment Tribunal to reduce damages awarded in some cases where employees refuse to undertake alternative dispute resolution. Similarly, an employer who fails to follow the minimum standards of grievance investigation set by statute can find that the Tribunal automatically rules against him in cases of unfair dismissal. Both parties must therefore consider their positions carefully and consider consulting a lawyer--the precise situation the Tribunals were set up to avoid.
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References
Resources
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