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(p. 30) 2. Sources of employment law and institutions 

(p. 30) 2. Sources of employment law and institutions
(p. 30) 2. Sources of employment law and institutions

Stephen Taylor

and Astra Emir


Note: An update has been made available on the Online Resource Centre (July 2017).

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date: 26 February 2020

This chapter discusses the sources of UK employment law and relevant institutions. Most employment law in the UK is civil law. The criminal law plays central role in health and safety law and immigration law. The main source of employment law is statutes — Acts of Parliament and sets of regulations issued by government ministers under Acts. Most EU law is also introduced into UK law via statutes. Cases relating to employment statutes are mostly brought to employment tribunals. The common law is judge-made, and has evolved over centuries as cases are brought to court and appealed up through the court hierarchy. The laws of contract, trust, and tort all play a part in employment regulation. Most cases relating to common law matters are brought to the County Court or the High Court. Cases can be appealed to the Employment Appeals Tribunal (EAT) and on to the Court of Appeal, the Supreme Court and, if the matter concerns EU law, to the European Court of Justice. Other institutions which play an important role in the employment law system include the Advisory, Conciliation and Arbitration Service (ACAS), the Equality and Human Rights Commission (EHRC) and the Health and Safety Executive (HSE).

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