ENGLAND & WALES Law and Practice Contributed by: James Ross, Paolo Palmigiano, Debbie Cloake, Helen Farr, Debbie Heywood and Louise Popple, Winston Taylor
• Employment offer: (a) ERA1996;
ciples. Case law establishes precedent, which is then followed by other tribunals deciding employ - ment disputes. • Collective bargaining agreements: These are agree - ments made between employers (or employers’ organisations) and trade unions representing work - ers. They govern key employment terms including pay, working hours, holidays and other working conditions. • Employment contracts: Individual contracts between an employer and employee establish the contractual terms that apply to the employment relationship including duties, remuneration, ben - efits and termination procedures. • Regulatory materials: Guidance from regulatory bodies, including the Health & Safety Executive or Information Commissioner’s Office, also plays a significant role in shaping workplace practices. 4.2 Characteristics of Employment Contracts An employment contract between an employee and employer is a legally binding agreement. An employ - ee has the right to a “written statement of employ - ment particulars” in accordance with Section 1 of the ERA1996. A Section 1 statement sets out the main terms of employment, and there is a list of mandatory terms that must be given to every employee. An employer will be treated as having met its obliga - tions to provide a Section 1 statement where it gives an employee a written contract containing information satisfying the employer’s Section 1 obligations, and the document is provided no later than the beginning of employment. From October 2026, the ERA2025 introduces a new right to be provided with a statement of a worker’s right to join a trade union. This statement must be provided at the same time as the Section 1 statement. The characteristics of a typical employment contract include: • a job title and description; • commencement date of the employment, duration and if it is intended to be for a fixed term; • location of work; • salary and benefits, including payment frequency;
(b) the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002; and (c) the Part Time Workers (Protection from Less Favourable Treatment) Regulations 2000. • Training and development: (a) EA2010; (b) ERA1996; (c) the Education and Skill Act 2008; and (d) the Employees Study and Training Regulations 2010. • Change in personal circumstances: (a) ERA1996; (b) ERA2025; (c) the Flexible Working Regulations 2014; and (d) the Employment Act 2002. • Performance management: (a) EA2010; and (b) ERA1996. • Industrial action: (a) ERA2025; (b) the Trade Union and Labour Relations (Con - solidation) Act 1992 (TULR(C)A1992); (c) the Strikes (Minimum Service Levels) Act 2023; and (d) the Conduct of Employment Agencies and Employment Business (Amendment) Regula - tions 2022. • Mergers and acquisitions: (a) the Transfer of Undertakings (Protection of Employment) Regulations 2006. • End of employment: (a) ERA1996; (b) ERA2025; (c) EA2010; (d) TULR(C)A1992; and (e) the Collective Redundancies and the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999. Other Sources of Law and Regulation The following are also important sources of legal rules that govern employment relationships. • Case law (common law): The UK uses a common law system whereby judges make decisions inter - preting statutes and cases establishing legal prin -
336 CHAMBERS.COM
Powered by FlippingBook