Employment Act 2008
Encyclopedia
The Employment Act 2008 (c 24) is a Act
of the Parliament
of the United Kingdom
which reformed a number of issues from random elements of UK labour law. It is an amending statute, and therefore simply altered pre-existing law to remedy perceived problems in the law's operation to do with dispute resolution, strengthen enforcement of the minimum wage and employment agency standards and to conform with updated case law on trade unions, in particular, ASLEF v United Kingdom.
and employment tribunals. Essentially ACAS need only endeavour to reach a settlement, rather than having to reach a settlement and if someone does not turn up for a tribunal hearing both parties consent, then a judgment can be given by the tribunal without the expense of the hearing (ss 4-7).
or pensioners can ask for help from the Pensions Regulator, workers can get help from the Inland Revenue
. The changes in the EA 2008 were designed to strengthen this kind of enforcement.
Section 9 replaced ss 19-22F with ss 19-19H. It means there is now one notice that the Inland Revenue will give to employers who underpay, and a civil penalty of up to £5000 may follow. Section 10 says that now minimum wage enforcement officers can remove documents if they return them as soon as reasonably possible, rather than just looking at them and copying them when they inspect. Section 11 means that offences can be tried in a Crown or magistrates court. Section 13 clarifies that Cadet Force Adult Volunteers do not qualify for the NMW. Section 14 makes a wordy and insignificant amendment to the s 44 NMWA 1998, which says voluntary workers do not get paid a minimum wage, but can claim reasonable expenses for the purpose of their volunteer work. Section 8 also altered the formula for calculating arrears of the minimum wage.
is the small unit, a sub-division of the Department of Business, Innovation and Skills, which is charged with monitoring and enforcing standards for over 1.3m agency workers. These standards are found in the Employment Agencies Act 1973
and the Conduct of Employment Agencies and Businesses Regulations 2003 (SI 2003/3319), and include things like penalties for false advertising of jobs, prohibitions on strike breaking and extra sanctions for failing to give agency workers their statutory rights. Section 15 now makes offences triable in the Crown or magistrates' court. EASI has additional inspection powers, and if a Scottish partnership is the employer who fails to comply with the relevant standards then the partners will be personally liable. Section 18 requires that Inland Revenue officers enforcing the minimum wage and EASI inspectors work together.
in ASLEF v United Kingdom. This decided that members of the quasi-fascist British National Party
could lawfully be expelled from membership of a trade union
, and that it did not breach the right to freedom of association under Art 11 ECHR.
Acts passed since 1997
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
which reformed a number of issues from random elements of UK labour law. It is an amending statute, and therefore simply altered pre-existing law to remedy perceived problems in the law's operation to do with dispute resolution, strengthen enforcement of the minimum wage and employment agency standards and to conform with updated case law on trade unions, in particular, ASLEF v United Kingdom.
Sections 1-7, dispute resolution
Through the Employment Act 2002 the government had introduced a mandatory statutory dismissal procedure, which had been designed to be followed in any case. If employers did not follow the procedure before dismissing their employees, the dismissal would be deemed automatically unfair. In practice it proved that employers did not follow the mandatory procedure (which was essentially a warning, a hearing and a right to an appeal) and business was adamantly opposed to the measure. Section 1 repealed that part of the EA 2002 (and with it ERA 1996 s 98A) and instead gave tribunals a discretion to adjust the award by 25% if an employer had not complied with the Code of Practice for its industry on dismissal procedure (s 3). It also changes procedure for ACASACAS
ACAS may refer to:In aviation:* Airborne Collision Avoidance System, an International Civil Aviation Organization standard* Assistant Chief of the Air Staff, a senior appointment in the Royal Air ForceIn other fields:...
and employment tribunals. Essentially ACAS need only endeavour to reach a settlement, rather than having to reach a settlement and if someone does not turn up for a tribunal hearing both parties consent, then a judgment can be given by the tribunal without the expense of the hearing (ss 4-7).
Sections 8-14, minimum wage
Sections 8-12 change the NMWA 1998, which provides a statutory minimum wage for every worker in the UK. The minimum wage has three main methods for enforcement. First, it is hoped to be largely "self enforcing" because a well publicised minimum should be abided by everyone. Second, where workers are underpaid, they can bring claims to a tribunal by themselves. This individual enforcement is not perceived to be very effective, since workers will often not understand their exact rights, know how to bring a case to a tribunal or have the money to hire decent legal representation. This makes the third method of enforcement, by a government or administrative body, important for providing concrete adherence to the law. Just as consumers can complain to the Office of Fair TradingOffice of Fair Trading
The Office of Fair Trading is a not-for-profit and non-ministerial government department of the United Kingdom, established by the Fair Trading Act 1973, which enforces both consumer protection and competition law, acting as the UK's economic regulator...
or pensioners can ask for help from the Pensions Regulator, workers can get help from the Inland Revenue
Inland Revenue
The Inland Revenue was, until April 2005, a department of the British Government responsible for the collection of direct taxation, including income tax, national insurance contributions, capital gains tax, inheritance tax, corporation tax, petroleum revenue tax and stamp duty...
. The changes in the EA 2008 were designed to strengthen this kind of enforcement.
Section 9 replaced ss 19-22F with ss 19-19H. It means there is now one notice that the Inland Revenue will give to employers who underpay, and a civil penalty of up to £5000 may follow. Section 10 says that now minimum wage enforcement officers can remove documents if they return them as soon as reasonably possible, rather than just looking at them and copying them when they inspect. Section 11 means that offences can be tried in a Crown or magistrates court. Section 13 clarifies that Cadet Force Adult Volunteers do not qualify for the NMW. Section 14 makes a wordy and insignificant amendment to the s 44 NMWA 1998, which says voluntary workers do not get paid a minimum wage, but can claim reasonable expenses for the purpose of their volunteer work. Section 8 also altered the formula for calculating arrears of the minimum wage.
Sections 15-18, employment agencies
The Employment Agency Standards InspectorateEmployment Agency Standards Inspectorate
The Employment Agency Standards Inspectorate is a division of the Employment Relations Directorate, part of the Department for Business, Enterprise and Regulatory Reform, which is meant to oversee employment agencies operating in the United Kingdom...
is the small unit, a sub-division of the Department of Business, Innovation and Skills, which is charged with monitoring and enforcing standards for over 1.3m agency workers. These standards are found in the Employment Agencies Act 1973
Employment Agencies Act 1973
Employment Agencies Act 1973 is a United Kingdom Act of Parliament and part of a wider body of UK agency worker law. It regulates the conduct of employment agencies which recruit and manage temporary and permanent labour. It applies to approximately 17,000 employment agencies operating in the UK...
and the Conduct of Employment Agencies and Businesses Regulations 2003 (SI 2003/3319), and include things like penalties for false advertising of jobs, prohibitions on strike breaking and extra sanctions for failing to give agency workers their statutory rights. Section 15 now makes offences triable in the Crown or magistrates' court. EASI has additional inspection powers, and if a Scottish partnership is the employer who fails to comply with the relevant standards then the partners will be personally liable. Section 18 requires that Inland Revenue officers enforcing the minimum wage and EASI inspectors work together.
Section 19, union member expulsion
Section 19 amends trade union membership law in line with the decision by the European Court of Human RightsEuropean Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
in ASLEF v United Kingdom. This decided that members of the quasi-fascist British National Party
British National Party
The British National Party is a British far-right political party formed as a splinter group from the National Front by John Tyndall in 1982...
could lawfully be expelled from membership of a trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
, and that it did not breach the right to freedom of association under Art 11 ECHR.
See also
- Agricultural Wages Act 1948
- National Minimum Wage Act 1998National Minimum Wage Act 1998The National Minimum Wage Act 1998 creates a minimum wage across the United Kingdom, currently £6.08 per hour for workers aged 21 years and older, £4.98 per hour for workers aged 18–20...
Acts passed since 1997
- Employment Relations Act 1999, statutory recognition procedure
- Employment Act 2002, flexible working
- Employment Relations Act 2004Employment Relations Act 2004The Employment Relations Act 2004 is an Act of the Parliament of the United Kingdom.-Section 59 - Citation, commencement and extent:The following orders have been made under this section:* *...
- Gangmasters (Licensing) Act 2004Gangmasters (Licensing) Act 2004The Gangmasters Act 2004 is an Act of the Parliament of the United Kingdom that regulates the agencies that place vulnerable workers in agricultural work, and the shellfish collecting and packing industries . It is the most recent plank of UK agency worker law...
- Work and Families Act 2006Work and Families Act 2006The Work and Families Act 2006 is an Act of the Parliament of the United Kingdom.-Section 19 - Commencement:Orders made under section 19:* * * * The Work and Families Act 2006 (c 18) is an Act of the Parliament of the United Kingdom.-Section 19 - Commencement:Orders made under section 19(2):*...
, flexible working time for carers - Employment Act 2008, strengthening enforcement
External links
- The Employment Act 2008, as amended from the National Archives.
- The Employment Act 2008, as originally enacted from the National Archives.
- Explanatory notes to the Employment Act 2008.