EMPLOYMENT RIGHTS ACT 1996
Common law & legislation
Employment law is an ever-expanding field. Particularly over the past three decades, the rights of employees have become considerably stronger. The trend towards better protection for workers has grown largely out of a hearty trade union movement as well as the UK’s membership in the European Union.
In the past, many employment rights were grounded in common law. Common law is the law that is based on decisions reached in court cases. The evolution of common law is a slow process, with changes coming gradually over time. Now, however, most employment rights are contained within statutes enacted by Parliament. One of the most important of these statutes is the Employment Rights Act 1996.
Employment rights legislation
All employees can benefit from understanding the basic provisions of the Employment Rights Act 1996. Without an understanding of what your rights are, you may not realise that you have been subjected to illegal treatment in the workplace. This page provides you with a brief overview of the Employment Rights Act 1996, and is intended to educate you on this critical piece of legislation and the rights which it affords you.
Nothing is more central to the concept of employment than wages. The essence of an employment contract is Person A paying Person B for performing specified services. The Employment Rights Act 1996 deals with the issue of wages, protecting the employee from unauthorised wage deductions. Under the Act, employees have a “guaranteed payment.” This means you are guaranteed your wages even if your employer is unable to provide you with work to perform during your hours of employment.
Time off work
The Employment Rights Act 1996 also covers the time off from work to which an employee is entitled. One such entitlement is maternity leave. An employee cannot be dismissed for taking maternity leave. If an employer were to do so, they would be guilty of pregnancy discrimination. Other provisions related to time off include those concerning training, public duties and medical problems.
Dismissal and redundancy
Two major topics covered by the Employment Rights Act 1996 are dismissal and redundancy. The Act makes unfair dismissal illegal. Unfair dismissal occurs when an employer terminates an employee without a legitimate and lawful reason for doing so. It is also the Employment Rights Act 1996 that provides for a redundancy payment.
The process by which disputes related to a violation of your employment rights are resolved is outlined within the Employment Rights Act 1996. It provides aggrieved employees with the right to take their case before an Employment Tribunal. The cases which entitle you to make an application to an Employment Tribunal are outlined on what is known as a “jurisdiction list.” A jurisdiction list can be obtained from your local tribunal office.
Free legal advice on The Employment Rights Act 1996
Our panel of employment law solicitors know and understand every facet of the Employment Rights Act 1996. They can provide representation to citizens located anywhere in the United Kingdom. All cases are taken on a no win no fee basis. That means, you do not pay any legal fees unless your solicitor is successful in obtaining compensation for you.
For free advice without further obligation about your potential employment rights claim, just phone the helpline. You will be transferred to a specialist solicitor who deals exclusively with employment disputes.