Introduction to Labour Law - United Kingdom

The principles governing the English legal system are stipulated in parliamentary statutes, judge-made common law (i.e.: the system of courts and procedures that influence the function of law in practice through court decisions that are binding stare decisis) conventions and customs. There is no written constitution as such and thus no entrenched bill of rights governing English law. Parliamentary sovereignty empowers Parliament to enact and repeal legislation that forms the core of the English legal system. Acts of Parliament and common law are extended only to England and Wales. The territories of Scotland, Northern Ireland, the Isle of Man and the Channel Islands are all governed by separate legal systems.

With regard to employment law, the primary sources of law are an amalgam of the law of contract, essentially common law, and statute, of which the Employment Rights Act 1996 and the Trade Union and Labour Relations Act, 1992 are prime components. The UK has been a member of the International Labour Organisation (ILO) since 1919 and is bound by those ILO Conventions it has ratified and which are in force.

As a member of the European Union, the principles and decisions of EU organs are binding on the UK. It is also party to the European Convention of Human Rights, which will be incorporated into UK legislation from 2 October 2000 through the Human Rights Act 1998. The Act incorporates the European Convention of Human Rights (ECHR). It imposes an obligation on the UK Courts to interpret the law to give effect to the ECHR. Of particular relevance to women the UK is bound by:

• decisions of the European Courts of Justice;
• regulations and directives of the Community Organs, especially relating to equal employment opportunities; and,
• section 141 (previously 119) of the Treaty establishing the European Economic Community (Treaty of Rome) 1957 on equal pay and equal treatment of men and women.
• Article 13 which specifically allows the Council to act unanimously, after consultation with the European Parliament, to take appropriate action to combat a range of discrimination including sex discrimination.

Examples of other UK obligations under European Community Law are:

• Equal Pay Directive 75/117/EEC,
• Equal Treatment Directive 76/207/EEC, (currently proposals put forward to amend this Directive),
• Directive on Equal Treatment in social security 79/7/EEC,
• Directive on equal treatment in occupational social security schemes 86/378/EEC,
• Directive in relation to equal treatment for the self employed 86/13/EEC,
• Directive on employer’s obligations to inform employees of conditions applicable to the contract or employment relationship 91/533/EEC
• EEC, Pregnant Workers Directive 92/85/EEC,
• Working time Directive 93/104/EC,
• Parental Leave Directive 96/34/EC.