Sources and Institutions of Employment Law

The law governing the relationship between an employer and employee has become increasingly complex over the last 50 years or so as more and more provisions have been introduced. In addition, employment law comes not only from common law and statute but also from a variety of additional sources such as codes of practice. Over the years, specific institutions have also been introduced into the area, some with an adjudicative function, such as the employment tribunals and Employment Appeal Tribunal (EAT), and some, such as the various Commissions, which have a variety of functions, including overseeing legislation and helping applicants. All of these factors can appear to make the subject somewhat daunting, but together they make it dynamic and one which is constantly changing. This changing nature of the subject is, in reality, very important, as the relationship between an employer and employee does not stand still but evolves over the years. Most employers nowadays do not regard their employees as their property, and the law has changed with changing attitudes, introducing basic employment rights and providing specialised forums in which those rights can be enforced quickly and cheaply. As such, it is necessary to spend some time looking at the different sources and institutions of employment law today.