Explain the purpose of employment law and how it is enforced. Describe the role played by the tribunal and courts system in enforcing employment law. Include how cases are settled before and during formal legal proceedings. (1.1, 1.2, 1.3)
1.1 – Explain the aims and objectives of employment regulation
Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers passed in 1349 and consisted of regulations and price controls issued by King Edward 111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time by the Justice of the peace. The ordinance was written in …show more content…
Civil cases will sometimes be dealt with by magistrates, but may well go to a county court. Again, appeals will go to the High Court and then to the Court of Appeal – although to different divisions of those courts.
The tribunals system has its own structure for dealing with cases and appeals, but decisions from different chambers of the Upper Tribunal, and the Employment Appeals Tribunal, may also go to the Court of Appeal.
The courts structure covers England and Wales; the tribunals system covers England, Wales, and in some cases Northern Ireland and Scotland. (https://www.judiciary.gov.uk/about-the-judiciary/the-justice-system/court-structure/)
Employment cases can start in one of three courts, which court they commence in is partly dependent upon the level of compensation sought by the person making the claim. For example, employment tribunals generally hear cases made by a former employer are related to a breach of employment statute or where a breach of contract has been made and the level of compensation does not exceed £25,000. Breaches of common law e.g. breach of contract or negligence would be heard in a county court and at times where the compensation sought is in excess of £50,000 the case would be heard in the