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Level 5 HRM | Unit 4 | Employment Law

Lynda

Hello

I am currently studying the Level 5 in HR Management. I am on my fourth assignment on employment law and struggling with the first part...

"Explain the purpose of employment law and how it is enforced". I have explained what employment is and am ok with that part but when they are asking how it is enforced I am unsure? I had originally thought this was relating to the where employment law originated and the passing of a bill through parliament but I think I am interpreting the question wrong. Any help would be appreciated?

Thanks

Lynda 

Parents

  • Hi Lynda and Welcome!

    It's hard for me to know what level of detail or analysis is required here, but here are a few possible pointers:

    - might be worth mentioning that employment is broadly about buying and selling the labour of individuals to other individuals or corporate bodies but UK employment law doesn't precisely define the term

    - legal rules in the UK (including for employment law) are set either by statute or common law. (at least until Brexit, EU law also sets many rules and indeed can take precedence over UK laws etc)

    - there are 'remedies' or penalties for breaking legal rules: broadly enforced by criminal and civil (including tribunals) courts, and the European Court of Justice

    - employment law can involve criminal law (eg health and safety; modern slavery etc) or more usually general contract law as well as specific employment law

    - civil courts / employment tribunals usually award damages against those judged to have broken legal rules which are usually based strictly on the actual loss suffered by the claimant whilst criminal courts impose fines and prison etc sentences based not necessarily or directly on actual loss to any individual but according to the judged seriousness of the crime and the specified statutory remedy

    - these links may help

    keydifferences.com/difference-between-common-law-and-statutory-law.html


    en.wikipedia.org/.../United_Kingdom_labour_law

Reply

  • Hi Lynda and Welcome!

    It's hard for me to know what level of detail or analysis is required here, but here are a few possible pointers:

    - might be worth mentioning that employment is broadly about buying and selling the labour of individuals to other individuals or corporate bodies but UK employment law doesn't precisely define the term

    - legal rules in the UK (including for employment law) are set either by statute or common law. (at least until Brexit, EU law also sets many rules and indeed can take precedence over UK laws etc)

    - there are 'remedies' or penalties for breaking legal rules: broadly enforced by criminal and civil (including tribunals) courts, and the European Court of Justice

    - employment law can involve criminal law (eg health and safety; modern slavery etc) or more usually general contract law as well as specific employment law

    - civil courts / employment tribunals usually award damages against those judged to have broken legal rules which are usually based strictly on the actual loss suffered by the claimant whilst criminal courts impose fines and prison etc sentences based not necessarily or directly on actual loss to any individual but according to the judged seriousness of the crime and the specified statutory remedy

    - these links may help

    keydifferences.com/difference-between-common-law-and-statutory-law.html


    en.wikipedia.org/.../United_Kingdom_labour_law

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