In simple terms and in the context of employment law, common law is the part of UK law that comes mainly from cases that have been heard by Tribunals, where judges have set out expected customs or legal tests that should be applied under certain circumstances.
Employment Tribunals In an Employment Tribunal, your case is heard by a tribunal panel. This normally consists of a Judge, someone who represents the employer, and someone who represents the employee. The Judge will then make a decision based on the cases put forward and evidence that they have heard.
How to get into employment law? To work as a solicitor, you can either take the Solicitors Qualifying Examination (SQE), or if you are eligible, you can study the Legal Practice Course (LPC). If you qualify through the SQE, you will also need to complete two years of Qualifying Work Experience (QWE).
There are 3 main sources of Employment Law in England & Wales; the Common Law, Statute and European Law (European Directive and decisions of the European Court of Justice).
Worker. employee. self-employed and contractor.
Employment law in the UK is mainly statute based. The scope and range of legislative activity in all areas of employment law has been significant, influenced in particular by the UK's membership of the European Union and the development of anti-discrimination legislation.
You automatically have the right to work in the UK if: you're a British or Irish citizen. you have pre-settled or settled status from the EU Settlement Scheme - or you've applied and you're waiting for a decision. you have a family permit from the EU Settlement Scheme. you have indefinite leave to enter or remain in the UK.
Employment law regulates the relationship between employers and employees. It governs what employers can expect from employees, what employers can ask employees to do, and employees' rights at work.
In contrast to the US, employees are not employed “at will” in the UK. Employees have two sets of rights: contractual and statutory. Contractual rights are mainly contained within written contracts. UK law requires that employees receive a written statement of terms within 2 months of starting work.
The Employment Rights Bill 2024 introduces significant changes to UK employment law, including day-one rights for unfair dismissal, ending fire and re-hire in most cases and extending collective consultation obligations. There are 28 separate changes in the new Bill.