Employment law is an area of law in the UK that most people know something about. Most of us either work or have worked. And we're familiar with key terms – "health and safety", "minimum wage" and "discrimination", for example.

Despite this, employment law can be a daunting field, partly because it consists of various bits of separate legislation. Together, they create a patchwork of laws that share a common aim: to protect workers from exploitation in the workplace.

In this article, we're going to look at four areas of employment law and the pieces of legislation that guide them. These are pay, health and safety, recruitment and discrimination.

Pay

Many companies would pay their employees less if they could. This is why the New Labour government introduced the National Minimum Wage Act (1998).

This lays out the bare minimum hourly rate that a worker can receive. It changes on 1 April every year – so employers need to stay on top of it.

To get National Minimum Wage, you need to be of school-leaving age. To get the higher National Living Wage, you need to be 23 or over.

Another piece of legislation relevant to the issue of pay is the Equality Act 2010. This is a far-reaching piece of legislation designed to protect employees from discrimination, harassment and victimisation.

In line with the Equality Act, it's illegal to pay two people in the same role different amounts – an obvious example being that a man and a woman doing the same role should be paid the same.

Health and safety

Did you know that between 1974 and 2007 the number of fatal injuries at work fell by 73% – and the amount of non-fatal injuries by 70%?

This is partly thanks to the Health and Safety at Work etc. Act 1974. This aimed to ensure a safe working environment for all employees, regardless of the size of the company they work for.

The Act sets out the duties that employers have to their employees, customers and the public at large – but it also sets out the duties that employees have to themselves and each other.

That means that, just as employers have to deliver staff training about Health and Safety, employees have to participate in it. Employers have to provide suitable tools and PPE – and employees have to use them.

On top of this, employees are obliged to report accidents to the HSE (Health and Safety Executive) and flag any risks to their employers. 

It's not only on the road that tiredness kills – it's also in the workplace. This is the rationale behind The Working Time Regulations 1998.

These regulations are designed to ensure that employees aren't overworked. That means you can't be made to work for more than 48 hours a week, on average (although there are exceptions).

Moreover, you're entitled to a 20-minute break every six hours and a minimum of 5.6 weeks of paid leave a year.

Recruitment

Employment also guides recruitment – all the way from the job advert to the selection process.

Three pieces of legislation have a bearing on recruitment. The first is the Equality Act, which is there to ensure that applicants and employees aren't discriminated against.

The second is the Data Protection Act 2018, which regulates the personal data that businesses can collect from candidates and employees.

Under the DPA, personal data must be processed "fairly, lawfully and transparently" – and it must be gathered for a declared purpose. It must be accurate, safely kept and disposed of when it's no longer needed.

Thirdly and finally, the Employment Rights Act 1996 ensures that all successful applicants are given a formal record of their role and responsibilities. 

Employment law also stipulates how businesses treat employees who are sick, pregnant or on maternity leave. And it lays out the checks that need to be carried out on applicants – for example, the DBS check that should take place before an employee can work with young children.

Discrimination

Finally, employment law governs the treatment of people with "protected characteristics". There are nine of these characteristics as defined by the Equality Act. It's against the law to treat an employee less favourably because they possess one. They are:

• Age 
• Gender reassignment
• Being married or in a civil partnership
• Being pregnant or on maternity leave
• Disability
• Race
• Religion or belief
• Sex
• Sexual orientation

In the eyes of the law, discrimination doesn't have to be direct ill-treatment. It can be indirect, in the form of rules or arrangements that supposedly apply to all but which disadvantage someone with a protected characteristic.

Discrimination can also be harassment or victimisation of someone who raises a complaint. 

Another ramification of the Equality Act is that adequate provisions – or "reasonable adjustments" – have to be made for people who are disabled.

If a person is at a substantial disadvantage because of their disability, then the employer has to make the situation as manageable for them as it would be for a person without a disability.

These reasonable adjustments cover everything from resources in Braille to access arrangements like wheelchair ramps.

These pieces of legislation exist to create safe, fairly-paid, non-discriminatory environments for employees in all workplaces. If you think you've been mistreated, an employment lawyer can help you to use them to fight your corner.

At Milners Law, we represent people who have been unfairly treated at work. Whether you've been wrongfully dismissed, discriminated against or are attending an employment tribunal, we've got your back.

Our team of friendly, experienced employment law solicitors know UK legislation inside out and will deliver no-nonsense guidance at affordable rates.

So if you're looking for support with an employment law issue, please don't hesitate to contact us for a free, no-obligation consultation.