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Employment law: key points Need to be aware of where law comes from: statute law common (case) law EU law codes of practice Distinguish civil vs. criminal law Collective vs. individual law Unlocking Human Resource Management Chapter 8
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Employment law: key points Consider how law is enforced: role of the courts system role of regulatory bodies (e.g. Equalities and Human Rights Commission) role of self-regulation Tribunal system and enforcement of statutory rights Penalties/sanctions for breach of contract and infringement of statutory rights Unlocking Human Resource Management Chapter 8
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Employment law: key points Forms of employment law: regulatory law restrictive law auxiliary law Historically law has played a minor role in the regulation of employment Today law has an impact on the employment relationship at many stages Unlocking Human Resource Management Chapter 8
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Employment law: key points Influences recruitment and selection decisions – discrimination law Once job has been offered and accepted contract law comes into play importance of express and implied terms Importance of the law in regulating contract details: pay working time holidays rest periods Unlocking Human Resource Management Chapter 8
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Employment law: key points Law also important where organisational change is taking place: impact of change on contractual terms issues of redeployment and redundancy business transfers Importance of law in managing the employment relationship: issues of performance and capability termination of employment; laws on unfair dismissal and redundancy Unlocking Human Resource Management Chapter 8
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Employment law: key points Important to consider how law affects the HR role and function The relationship between legislation and best practice HR Law often about minimum standards – sets a floor of rights which organisations can build upon Unlocking Human Resource Management Chapter 8
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Learning summary By the end of this chapter you should: Appreciate the growing importance of law in regulating employment Understand the main sources of law and how law is enforced Understand the importance of the contract of employment and contractual terms Appreciate the impact of employment law on the work of the HR function and the skills requirements of HR practitioners Unlocking Human Resource Management Chapter 8
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