For individuals navigating the often complex landscape of employment disputes within the United Kingdom, it’s crucial to understand the different types of legislation that come into play in employment tribunals. As a Litigant in Person (LIP), who is representing yourself in legal proceedings, having a grasp of these legal sources can be invaluable in advocating for your rights or defending your interests.
This short guide will provide an overview of the primary and secondary legislation framework, as well as the role of case law, within the UK’s legal system as they relate to employment matters. By gaining an insight into these legal foundations, you can be better equipped to navigate employment tribunal proceedings and have a better chance of protecting your rights in the workplace if litigation is found to be necessary.
In the context of the United Kingdom’s legal system, employment law is governed by various types of legislation, including primary and secondary legislation. Here’s an explanation of these different types of legislation within the UK legal system:
- Primary Legislation:
- Primary legislation in the UK consists of Acts of Parliament, which are also known as statutes. These are laws enacted by the UK Parliament in Westminster and apply to both England and Wales.
- Primary legislation sets out the fundamental legal framework for employment law in the UK.
- In the context of employment law, primary legislation includes acts like the Employment Rights Act 1996 (applicable to Police Officers only to a minute extent), the Equality Act 2010, and the Public Interest Disclosure Act 1998 (Whistleblowing Act). These acts establish the core principles and legal rights and responsibilities for employees and employers across the UK.
- Secondary Legislation:
- Secondary legislation in the UK is also known as statutory instruments (SIs) or regulations. It is derived from the authority granted by primary legislation, which allows government departments and ministers to make more detailed rules and regulations to implement and supplement the provisions of primary legislation.
- In the field of employment law, secondary legislation includes regulations that provide specific details on various employment-related matters, such as the Working Time Regulations 1998, which specify rules about working hours, breaks, and rest periods, amongst many others.
- Secondary legislation allows for flexibility and adaptation to changing circumstances without requiring new acts of Parliament.
- Case Law:
- Case law, also known as judicial precedent or common law, plays a significant role in the UK legal system. Employment tribunals in the UK often refer to previous decisions (precedent) made by higher courts, such as the Employment Appeal Tribunal (EAT) or the Court of Appeal, to interpret and apply employment law.
- Employment judges rely on case law to help determine how statutory provisions from primary and secondary legislation should be applied in specific employment-related disputes. Decisions in previous cases set legal precedents and guide future tribunal decisions.
- For example, case law may be used to clarify the interpretation of statutory provisions related to unfair dismissal or discrimination in employment.
In the UK, employment tribunals are tasked with resolving disputes between employers and employees. They apply primary and secondary legislation, along with established case law, to determine the legal rights and responsibilities of the parties involved. This interplay between these different sources of law ensures consistency and fairness in the application of employment law within the UK legal system, as far as theory goes (though in practice it is not that simple and the way a person presents and argue their case is extremely important to ensure its success).
I will keep these guides short and concise as otherwise it can feel overwhelming. In my next guide, I will be highlighting where the above type of legal materials can be easily found, so you can go directly to the relevant sources.
