Employment law in the UK: How it is made

Essential points

• Law in the UK originates by two means – from legislation made by parliament and from common law (where a judge’s interpretation of legislation sets a precedent for how it should be interpreted in future).  
  • Most legislation starts as a proposed bill. It is normally presented to parliament by ministers and then debated and voted on in the House of Commons and House of Lords. Amendments are often made during this process. Once a bill has been approved by both houses it receives Royal Assent to become an act (law).  
  • When a law is developed in common law, a judge has made an interpretation of the law based on considering the words of legislation, their understanding of the intentions of Parliament in making the law and the interpreation of the law in previous court cases.  
• Previously, the UK was also accountable to decisions made in the European Court. This changed at the start of 2024.  
• In the UK, employment law is either set by the UK Government or devolved. In Great Britain (England, Scotland and Wales) law is largely a reserved matter, developed by the UK Government. In Northern Ireland most areas of employment law are devolved (transferred) however some matters are not. The CIPD offer a resource detailing the matters that are transfered and the matters that are not transferred in Northern Ireland.
• Employment law claims in Great Britain can go through many different court processes: employment tribunals, civil courts, criminal courts and the High Court. Cases can also be appealed in an Employment Appeal Tribunal, the Court of Appeal, the Court of Session and the Supreme Court.    
• Some employment law claims are automatically referred to one court or another (with the majority being processed by employment tribunals). However, some claims go straight to civil and criminal courts.