A wide range of legal provisions apply in managing employee relations which can broadly be subdivided into individual workplace rights, and obligations concerning collective relationships.
Individuals
Contract law and the terms of the employment contract influence individual employee relations. In addition, employers’ handbooks or staff manuals, which as a minimum comply with the Acas Code of Practice on grievance and disciplinary procedures, are important. Provisions in handbooks may be contractual or non-contractual, but will set out matters including for example holiday, sickness, parental and other forms of leave, whistleblowing, communications and equal opportunities.
In addition, certain mandatory statutory employment rights supplement contractual rights. These rights affect matters such as dismissal, hours of work, equal pay and treatment, conciliation, mediation, and other forms of dispute and discipline handling. Key examples of employment legislation affecting employee relations are the Employment Rights Act 1996 (dealing with the circumstances in which employees can be fairly dismissed) and the Equality Act 2010 (dealing with discrimination and equal pay).
Collective relationships
The collective dimension includes collective bargaining, information and consultation, arbitration and industrial action. Employers may work with recognised unions to negotiate pay and conditions, or to inform and consult over changes such as redundancies or health and safety. Current legislation includes:
- The Trade Union and Labour Relations (Consolidation) Act 1992 concerning collective bargaining and redundancy consultation
- The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) which protect employees affected by business transfers or service provision changes where services are outsourced to a contractor, reassigned to another contractor, or brought back in-house.
CIPD members can find out more in our Trade union recognition and industrial action law Q&As.
New legislation: Employment Rights Bill
The Employment Rights Bill, when law, will make signigicant employment law reforms, some of which may particularly affect employee relations - for more detail on this Bill, see our employment law tracker.