Summary of “Employment Law: A Very Short Introduction” by David Cabrelli (2015)

Summary of

Business Law and EthicsEmployment Law

Introduction

David Cabrelli’s “Employment Law: A Very Short Introduction” provides a comprehensive overview of the key facets of employment law in the UK. The book explores the framework, principles, and practical applications of employment law and covers a broad range of topics from contractual employment terms to discrimination and unfair dismissal. This summary highlights major points, supported by concrete examples from the book, and specific actions readers can take based on the legal advice and explanations provided.

1. The Contract of Employment

Major Points:

  • Formation of Contracts: Employment relationships begin with the formation of a contractual agreement between employer and employee.
  • Express and Implied Terms: Contracts contain express terms (explicitly agreed) and implied terms (inferred by law or through practice).
  • Variation of Contract: Once established, the terms of an employment contract can only be changed with mutual agreement from both parties.

Example:

  • Express Terms: A written contract specifying the employee’s job role, salary, working hours, and benefits.
  • Implied Terms: An understanding that the workplace will adhere to health and safety regulations even if not explicitly stated in the contract.

Actions:

  1. Before Employment: Always read and understand the express terms of an employment contract before signing.
  2. During Employment: If there are changes in your job role or conditions, ensure these are documented and agreed upon in writing.

2. Employee Rights and Employer Obligations

Major Points:

  • National Minimum Wage: Employers must pay at least the national minimum wage to their employees.
  • Working Time Regulations: Limits on working hours, rest breaks, and paid annual leave protect employees from overwork.
  • Equality and Discrimination: Laws ensure non-discriminatory practices regarding gender, race, age, disability, and other protected characteristics.

Example:

  • National Minimum Wage: An employer must pay their employees no less than the specified hourly rate set by law, which updates periodically.
  • Discrimination: An employee cannot be treated unfairly based on their race, such as being passed over for promotions despite qualifications.

Actions:

  1. Check Payslips: Verify that you are receiving at least the national minimum wage and any due overtime pay.
  2. Raise Concerns: If you face discrimination, document the incident and report it to the relevant workplace authority or seek legal advice.

3. Termination of Employment

Major Points:

  • Dismissal and Redundancy: Explores the legal grounds for dismissal, including misconduct, capability, and redundancy.
  • Notice Periods: Statutory and contractual notice periods that must be observed by both employee and employer upon termination.
  • Unfair Dismissal: Employees have the right to challenge dismissals that do not comply with legal standards.

Example:

  • Dismissal for Misconduct: An employee caught embezzling company funds can be legally dismissed for gross misconduct.
  • Unfair Dismissal: If an employee with over two years of service is dismissed without a fair reason or proper process, they can file a claim for unfair dismissal.

Actions:

  1. Understand Rights: Learn your rights regarding notice periods and grounds for dismissal to recognize if you’re being treated unfairly.
  2. Seek Redress: If dismissed unfairly, consider filing a claim with an Employment Tribunal.

4. Health and Safety at Work

Major Points:

  • Statutory Duties: Employers have specific obligations to provide a safe working environment.
  • Risk Assessments: Employers must conduct regular risk assessments to identify and mitigate workplace hazards.
  • Employee Duties: Employees also have responsibilities, such as following safety procedures and reporting hazards.

Example:

  • Risk Assessment: A factory conducting regular checks to ensure machinery is safe and compliant with regulations.
  • Statutory Duties: Ensuring fire exits are accessible and clear in case of emergency.

Actions:

  1. Reporting Hazards: If you notice unsafe conditions at work, report them immediately to your employer or safety representative.
  2. Follow Protocols: Adhere to safety procedures and use protective equipment provided by your employer.

5. Family-Friendly Policies

Major Points:

  • Maternity and Paternity Leave: Legal provisions for expectant mothers and fathers, including rights to leave and pay.
  • Flexible Working: The right to request flexible working arrangements to balance work and family life.
  • Parental Leave: Entitlement to time off for parents to care for their children.

Example:

  • Maternity Leave: A mother is entitled to up to 52 weeks of maternity leave, with a portion being paid leave.
  • Flexible Working: An employee with young children requesting to work from home one day a week to manage childcare responsibilities.

Actions:

  1. Plan Ahead: If expecting a child, inform your employer as per company policy and understand your entitlement to maternity or paternity leave.
  2. Request Flexibility: Formally request flexible working arrangements if needed to balance your work and personal responsibilities.

6. Trade Unions and Collective Bargaining

Major Points:

  • Role of Trade Unions: Unions represent employees in negotiating terms and conditions with employers.
  • Collective Bargaining: The process through which unions and employers negotiate employment terms.
  • Industrial Action: Employees’ rights to strike or take industrial action under specific legal conditions.

Example:

  • Union Representation: Employees at a large corporation being represented by a trade union in negotiations for better pay and working conditions.
  • Strike Action: Workers striking legally to demand an increase in minimum wage and improved working conditions.

Actions:

  1. Join a Union: Consider joining a trade union for representation and support in negotiations with your employer.
  2. Know Your Rights: Understand the legal framework regarding strikes and industrial action before participating in or organizing any such activities.

Conclusion

In summary, David Cabrelli’s “Employment Law: A Very Short Introduction” is an insightful guide that navigates the complexities of employment law. It provides valuable information on various aspects, including contractual agreements, employees’ rights, termination processes, health and safety regulations, family policies, and the role of trade unions. By understanding these key points and examples from the book, employees and employers alike can take specific actions to ensure compliance with the law and foster a fair and safe working environment.

Business Law and EthicsEmployment Law