United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
Nethermere Ltd v Gardiner And Another [1984] ICR 612 is a UK labour law case in the Court of Appeal in the field of home work and vulnerable workers. Many labour and employment rights, such as unfair dismissal, in Britain depend on one's status as an "employee" rather than being "self-employed", or some other "worker". This case stands for the proposition that where "mutuality of obligation" between employers and casual or temporary workers exists to offer work and accept it, the court will find that the applicant has a "contract of employment" and is therefore an employee.
Leisure Employment Services Ltd v HM Revenue & Customs [2007] EWCA Civ 92 is a UK labour law case on the interpretation of the National Minimum Wage Act 1998. It concerns the extent to which an employer may make deductions from a worker's basic wage entitlement for the purpose of accommodation costs. The effect is that deductions for heat and light bills may not go beyond the maximum deduction rate for accommodation cost.
Allonby v Accrington & Rossendale College (C-256/01) is a European Union law case concerning the right of men and women to equal pay for work of equal value under Article 141 of the Treaty of the European Community.
Carmichael v National Power plc [1999] UKHL 47 is a British labour law case on the contract of employment for the purpose of the Employment Rights Act 1996.
United Kingdom agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency workers in the UK, and probably over 17,000 agencies. As a result of judge made law and absence of statutory protection, agency workers have more flexible pay and working conditions than permanent staff covered under the Employment Rights Act 1996.
O'Kelly v Trusthouse Forte plc [1983] ICR 728 was a UK labour law case, in which a bare majority held that a requirement for a contract is "mutuality of obligation" between the parties, which was thought to mean an ongoing duty to offer and accept work. It has been consistently doubted, and its outcome reversed by legislation, and its reasoning superseded by Autoclenz Ltd v Belcher, which states that the only "mutual" obligations that are required is the consideration of work for a quid pro quo.
Revenue and Customs Commissioners v Annabel's Ltd [2009] EWCA Civ 361 is a UK labour law case regarding the treatment of tips under the National Minimum Wage Act 1998. It led to the abolition of tips being considered part of wages for the purpose of assessing compliance with the national minimum wage.
MacCartney v Oversley House Management [2006] IRLR 514 is a UK labour law case regarding the National Minimum Wage Act 1998.
Walton v Independent Living Organisation [2003] EWCA Civ 199 is a UK labour law case regarding the National Minimum Wage Act 1998.
British Nursing Association v Inland Revenue[2002] EWCA Civ 494 is a UK labour law case regarding the National Minimum Wage Act 1998.
In English law, an employment contract is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a relationship of relative dependence, or inequality of bargaining power. On this basis, statute, and to some extent the common law, requires that compulsory rights are enforceable against the employer.
Autoclenz Ltd v Belcher [2011] UKSC 41 is a landmark UK labour law and English contract law case decided by the Supreme Court of the United Kingdom, concerning the scope of statutory protection of rights for working individuals. It confirmed the view, also taken by the Court of Appeal, that the relative bargaining power of the parties must be taken into account when deciding whether a person counts as an employee, to get employment rights. As Lord Clarke said,
the relative bargaining power of the parties must be taken into account in deciding whether the terms of any written agreement in truth represent what was agreed and the true agreement will often have to be gleaned from all the circumstances of the case, of which the written agreement is only a part. This may be described as a purposive approach to the problem.
James v Greenwich London Borough Council [2008] EWCA Civ 35 is a UK labour law case, concerning implied contracts for workers who work through employment agencies. Its opinion was reversed by the Agency Workers Regulations 2010 and superseded by the more recent Supreme Court decision by Lord Clarke in Autoclenz Ltd v Belcher.
The Independent Workers' Union of Great Britain (IWGB) is a trade union in the United Kingdom. The IWGB comprises eleven branches which organise workers within their chosen industry, run their own campaigns and have their own representative officials. Their members are predominantly low-paid migrant workers in London. The IWGB began as a breakaway from Unite and UNISON. The dispute stemmed from disagreements over how to get better working conditions for cleaners at the University of London, and, more broadly, about how to run modern trade unions. The IWGB is one of the main trade unions in challenging employment law relating to the 'gig economy'.
Uber BV v Aslam [2021] UKSC 5 is a landmark case in UK labour law and company law on employment rights. The UK Supreme Court held the transport corporation, Uber, must pay its drivers the national living wage, and at least 28 days paid holidays, from the time that drivers log onto the Uber app, and are willing and able to work. The Supreme Court decision was unanimous, and upheld the Court of Appeal, Employment Appeal Tribunal, and Employment Tribunal. The Supreme Court, and all courts below, left open whether the drivers are also employees but indicated that the criteria for employment status was fulfilled, given Uber's control over drivers.
Stringfellow Restaurants Ltd v Quashie [2012] EWCA Civ 1735 is a UK labour law case concerning employment status.
Pimlico Plumbers Ltd v Smith [2018] UKSC 29 is a UK labour law case, concerning the status of a plumbing and heating engineer, as, at least, a "worker" within the meaning of section 230(3) of the Employment Rights Act 1996 and other UK legislation, for the purpose of assessing his entitlement to holiday pay and unpaid wages.
Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8 is a UK labour law case, concerning the right to be paid when an employer constrains their worker's freedom.