Human Resource Management, 4th Edition © Pearson Education Limited 2004 OHT 11.1 Chapter 11 Objectives The place of the contract in the employment relationship Employment contracts and legal regulation of employee activity Contractual and statutory regulation of employment contracts The limitations of employee rights in the UK

Human Resource Management, 4th Edition © Pearson Education Limited 2004 OHT 11.2 Contractual and statutory employment rights All employees have a contract of employment All employees are protected by statutory rights: –day one rights –other rights require some length of service

Human Resource Management, 4th Edition © Pearson Education Limited 2004 OHT 11.3 Contracts of employment A contract of personal service between an employer and an employee Based on the theory of market individualism The different types of employment contract Express, implied and statutory incorporated terms and conditions

Human Resource Management, 4th Edition © Pearson Education Limited 2004 OHT 11.4 Discrimination in employment Discrimination remains a persistent feature of the employment relationship Some types of ‘discrimination’ remain lawful

Human Resource Management, 4th Edition © Pearson Education Limited 2004 OHT 11.5 Working time Traditionally unregulated in the UK Working Time Directive regulates hours of work but contains many exceptions and allows employee opt out Working Time Directive has failed to counter the UK’s ‘long-hours’ culture The UK’s application of the directive may soon be challenged

Human Resource Management, 4th Edition © Pearson Education Limited 2004 OHT 11.6 Termination Employees can be fairly, unfairly, wrongfully or constructively dismissed Dismissals may be fair and potentially fair, otherwise they are unfair

Human Resource Management, 4th Edition © Pearson Education Limited 2004 OHT 11.7 Enforcement of employment rights Most employees are treated fairly, if not they can complain to an employment tribunal The following all play a role in enforcing employment rights: –tribunals –personnel departments –the Equal Opportunities Commission –the Commission for Racial Equality –trade unions

Human Resource Management, 4th Edition © Pearson Education Limited 2004 OHT 11.8 New rights at work The Employment Relations Act consolidated some employment rights and introduced new individual and collective rights Further employment rights are in the process of introduction or are at the consultative stage and will be introduced in the near future