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TOPIC 14. JOBS AND CAREERS
Text 1. Employment law
Employment Law is the branch of the legal profession that deals with employment
related iss ues .
Employment Law exists in many countries, including the USA and England.
English Employment Law has developed rapidly over the past forty years, largely due
to a historically strong UK Union movement. In it's current form, it is largely a creature of
Statute, (Acts of the UK Parliament) rather than Common Law.
Leading Employment Law Statutes include the Emp loyment Rights Act 1996, the
Employment Act 2002 and various Acts outlawing discrimination.
Unusually for UK legislation, the operation of the Employment Law system is broadly
similiar across the whole of the UK.
After the employer's own processes, such as disciplinary hearings and internal
appeals, have been exhausted, employment law cases usually start by one party to a dispute
presenting a complaint to an Employment Tribunal (ET). These (as Industrial Tribunals)
were s et up under the 1964 Industrial Training Act, although they now have a substantially
greater role and do count as courts. They have sometimes been referred to as industrial
juries .
Generally speaking a tribunal will hear specific complaints about an aggrieved party
being deprived of their rights, including (but not limited to) unfair dismissal. The tribunal
will decide whether the responding party acted in a way that would be generally and
typically seen as reasonable. Notice this is different from any opinion the tribunal itself
might have about the reasonableness of any complained-of action.
Appeals from an Employment Tribunal can be made to an Employment Appeals
Tribunal (EAT) on one of three grounds (1) an error in law, (2) a finding of fact not
supported by evidence, or (3) a finding of perversity.
An EAT decision can be appealed to the Court of Appeal, and after that (very rarely) to
the House of Lords.
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