UK Employment Law\ Employer \ European Employment Law
European legal regulation
The UK joined the European Community (now called the European Union) on the 1st January 1973. European law was incorporated into UK law by the European Communities Act 1972. Perhaps the most important provisions are set out below:
Section 2(1):
All such rights, powers, liabilities, obligations and restrictions from time to time created or arising under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly; and the expression 'enforceable Community right' and similar expressions shall be read as referring to one to which this subsection applies.
Section 2(4):
The provision that may be made under subsection (2) above includes, subject to schedule 2 to this Act, any such provision (of any such extent) as might be made by Act of Parliament, and any enactment passed or to be passed, other than one contained in this part of this Act, shall be construed and have effect subject to the foregoing provisions of this section.
Employment protection
Measures are being implemented across the EU Member States, many of which have varying traditions of legal regulation. The aim is to harmonise as much European Law as possible. However, this can cause tension between the members and within each state. The original six members were more accustomed to an interventionist approach in dealing with employee relations, while the UK has a more voluntary approach.
Trade unions
Employers and trade unions tend to take opposing sides in industrial relations throughout the European Union. This is more evident in some countries than others. The two sides have clashed in the UK through disputes such as the miners’ strikes, changes in newspapers in the 1980s and privatisation. However, much has changed, where both sides now try and work for bettering UK trade whilst protecting employment rights. The balance can still end with industrial action (eg: BA strikes in 2010). Generally, relationships between the sides are governed by three areas:
- Economic (how the EU facilitates or impedes job creation);
- Balance of power (how the EU constrains the right to manage and how tightly employee rights are accommodated;
- Values (how the EU regards equal treatment and job security).
