The role of employment law and courts in the UK? Like in any developed economy employment law seeks to regulate the balance of power between the accumulation of capital in the form of business and enterprise on the one side and those who through the use of their labour- either physical or intellectual - can convert and translate commercial ideas into goods and services for the benefit of society. Certainly in mixed economies capital and labour are mutually interdependent and to achieve economies of scale and respond to the demands of the mass market the entrepreneur and the inventor have to negotiate with labour or their representatives the trade – unions. In the UK while that freedom to negotiate has been reduced by legislative intervention both at domestic and European level referred to as – – a of rights” the labour or employment bargain is expressed in terms of, “floor and in accordance with, the principles of the law of contract. As has already been explained many workers have their terms and conditions of employment negotiated collectively through trade unions or – elected workplace representatives the legal nexus between the employer – and the workers is in the form of individual contracts usually but as we will – see not exclusively in the form of the contract service or, in the rather more of egalitarian term, the contract of employment.
The role of employment law and courts in the UK? Like in any developed economy employment law seeks to regulate the balance of power between the accumulation of capital in the form of business and enterprise on the one side and those who through the use of their labour- either physical or intellectual - can convert and translate commercial ideas into goods and services for the benefit of society. Certainly in mixed economies capital and labour are mutually interdependent and to achieve economies of scale and respond to the demands of the mass market the entrepreneur and the inventor have to negotiate with labour or their representatives – the trade unions. In the UK while that freedom to negotiate has been reduced by legislative intervention – both at domestic and European level – referred to as a “floor of rights” the labour or employment bargain is expressed in terms of, and in accordance with, the principles of the law of contract. As has already been explained many workers have their terms and conditions of employment negotiated collectively – through trade unions or elected workplace representatives – the legal nexus between the employer and the workers is in the form of individual contracts – usually but as we will see not exclusively in the form of the contract of service or, in the rather more egalitarian term, the contract of employment.
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