Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
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".
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
Gay-friendly or LGBT-friendly places, policies, people, or institutions are those that are open and welcoming to gay or LGBTQ people. They typically aim to create an environment that is supportive, respectful, and non-judgmental towards the LGBT community. The term "gay-friendly" originated in the late 20th century in North America, as a byproduct of a gradual implementation of gay rights, greater acceptance of LGBT people in society, and the recognition of LGBT people as a distinct consumer group for businesses.
The Trade Union and Labour Relations (Consolidation) Act 1992 is a UK Act of Parliament which regulates United Kingdom labour law. The act applies in full in England and Wales and in Scotland, and partially in Northern Ireland.
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.
The Race Equality Directive 2000/43/EC is a legal act of the European Union, concerning European labour law. It implements the principle of equal treatment between persons irrespective of racial or ethnic group. Since the Treaty of Amsterdam came into force in 1999, new EC laws, or Directives, have been enacted in the area of anti-discrimination, and this directive complements other directives on gender and age, disability, religion and sexual orientation.
The Equality Act 2010, often erroneously called the Equalities Act 2010, is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.
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.
McClintock v Department of Constitutional Affairs [2008] IRLR 29, Times 5 December 2007, is a UK employment discrimination law case concerning freedom of religion under Article 9 of the European Convention on Human Rights, unfair dismissal and the new Employment Equality Regulations 2003.
The Employment Equality Regulations 2003 is a plank of United Kingdom labour law designed to combat discrimination in relation to people's religion or belief, or absence of religion or belief. They were introduced in order to comply with the European Union Directive 2000/78/EC and complement similar measures on sexuality, age, disability, race and gender discrimination. The EU Directive in turn is similar to legislation passed in the United States.
Redfearn v Serco Ltd [2006] EWCA Civ 659 and Redfearn v United Kingdom [2012] ECHR 1878 is a UK labour law and European Court of Human Rights case. It held that UK law was deficient in not allowing a potential claim based on discrimination for one's political belief. Before the case was decided, the Equality Act 2010 provided a remedy to protect political beliefs, though it had not come into effect when this case was brought.
Equal Opportunities Commission v Secretary of State for Trade and Industry [2007] IRLR 327 was an application for judicial review of the new implementation by the government of the Employment Equality Regulations 2005. It was alleged, and found, that they were incompatible with the Framework Directive, 2000/73/EC.
Equality and diversity is a term used in the United Kingdom to define and champion equality, diversity and human rights as defining values of society. It promotes equality of opportunity for all, giving every individual the chance to achieve their potential, free from prejudice and discrimination.
Ladele v London Borough of Islington [2009] EWCA Civ 1357 is a UK labour law case concerning discrimination against same sex couples by a religious person in a public office.
Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 565 U.S. 171 (2012), was a United States Supreme Court case in which the court unanimously ruled that federal discrimination laws do not apply to religious organizations' selection of religious leaders.
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.
Barrett v. Fontbonne Academy is a Massachusetts Superior Court decision of December 16, 2015, that found that a Roman Catholic secondary school violated the state's laws against discrimination on the basis of both sexual orientation and gender when it withdrew an offer of employment from a candidate when officials learned he was in a civil same-sex marriage. It was the first decision in the United States since the nationwide legalization of same-sex marriage accomplished by the U.S. Supreme Court decision in Obergefell v. Hodges the previous June to consider the competing claims of discrimination in employment and the protections afforded religious institutions.
Corporation of Presiding Bishop v. Amos, 483 U.S. 327 (1987), is a United States Supreme Court case in which the court decided that the exemption of religious organizations from the prohibition of religious discrimination in employment in Title VII of the Civil Rights Act is constitutional. Appellee Arthur Frank Mayson worked for 16 years in an organization operated by the Church of Jesus Christ of Latter-day Saints. He was terminated from employment when he "failed to qualify for a temple recommend, that is, a certificate that he is a member of the Church and eligible to attend its temples." He filed suit in district court, arguing that his firing violated discrimination on the basis of religion in Title VII of the Civil Rights Act. The district court agreed. The case was appealed directly to the Supreme Court. The Supreme Court reversed, holding that Title VII's exemption of religious organizations from the prohibition on religious discrimination, even in secular activities, did not violate the First Amendment.
303 Creative LLC v. Elenis, 600 U.S. 570 (2023), is a United States Supreme Court decision that dealt with the intersection of anti-discrimination law in public accommodations with the Free Speech Clause of the First Amendment to the United States Constitution. In a 6–3 decision, the Court found for a website designer, ruling that the state of Colorado cannot compel the designer to create work that violates her values. The case follows from Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. 617 (2018), which had dealt with similar conflict between free speech rights and Colorado's anti-discrimination laws but had been decided on narrower grounds.
