CIPD | Employment law (2024)

Factsheets

Regularly-updated factsheets provide overviews and information on a topic

5 Factsheets about Employment law

Factsheets

Employment law: key differences between Northern Ireland and Great Britain

An overview of the main differences in employment law between Northern Ireland and Great Britain (made up of England, Scotland and Wales)

Factsheets

Employment law in the UK: the court system

Guidance on the role of the UK civil courts in hearing employment cases

Factsheets

Employment law: UK, EU and Brexit

Find out how the EU has influenced UK employment law and how this will apply in the future following Brexit

Factsheets

Employment law in the UK: how it is made

For CIPD members, we explain how employment law is made in the UK Houses of Parliament, from the Bill stage through to Royal Assent.

Factsheets

Age and employment

Explore what age discrimination is, the UK legal position and how to create an age-inclusive workplace

Guides

Designed for practitioners, our guides provide recommendations and advice on how to apply good practice in the workplace.

13 Guides about Employment law

Guides

People manager guide: Family leave

Advice for managers on how they can help to manage maternity, paternity, adoption, shared parental, parental leave and parental bereavement leave

For Members

Guides

People manager guide: Redundancy

Advice for managers when a member of staff on their team faces redundancy

For Members

Guides

Fire and rehire: Guide for employers

What this practice is, why you should avoid it, and how to approach it if no other options are available

Guides

Atypical working: Guidance for employers

Practical guidance to help you identify and implement good atypical working practices

For Members

Guides

Fixed-term contracts: Guide for employers

Understand what employers need to do to manage fixed-term contracts within the law

Guides

Self-employed contractors: Understanding the law

Understand what employers need to do to manage self-employed contractors within the law

Guides

Zero-hours contracts: Understanding the law

Understand what employers need to do to manage zero-hours contracts within the law

For Members

Guides

IR35 implications for in-house HR practitioners

Understand the ramifications of IR35 changes for in-house HR, and the five initial steps you can take to help your employer understand them.

For Members

Guides

IR35 implications for consultants

Whether you use the services of a consultant or are a consultant yourself, you’ll need to understand the ramifications of IR35 – and what you can do about them

For Members

Guides

People manager guide: Employment status

Explanation of the different kinds of employment status so managers can correctly manage people within their teams according to their different contractual terms

For Members

Guides

Disciplinary and grievance procedures: Guidance for managers

Advice on how the disciplinary process is used to deal with misconduct or poor performance and how to best handle a grievance from a member of staff

Guides

People manager guide: Dismissal

Information for managers on what happens when the decision is made to dismiss a member of their team and how to avoid mistakes

For Members

Guides

Agency workers: Understanding the law

Understand what employers need to do to manage agency workers within the law

Employment law

Practical resources to help you address employment law issues at work, and keep up with recent and pending legislation.

31 Employment law about Employment law

Employment law

UK employment law changes post-Brexit – the ‘retained EU law bill’ explained

The 'Retained EU law bill', or REUL, changes UK employment law.

For Members

Reports

Research and analysis by experts from CIPD and partner organisations

7 Reports about Employment law

Reports

Migrant workers and skills shortages in the UK

This report looks at the role of immigration in the context of the post-Brexit skills challenges

Reports

What should an effective sick pay system look like?

Recommendations for ensuring a financial safety net for workers during illness

Reports

Reforming employment status and strengthening rights

Drawing on policy insight and stakeholder input, the CIPD proposes a new approach to labour market enforcement

Reports

Revamping labour market enforcement in the UK

Drawing on policy insight and stakeholder input, the CIPD proposes a new approach to labour market enforcement

Reports

Employment regulation in the UK: burden or benefit?

Read our report examining employer views and experiences of implementing UK and EU employment law

Reports

Employer/employee views of zero-hours contracts

Survey evidence on how and why employers use zero-hours and short-hours contracts, and employees' characteristics, attitudes and preferences when it comes to these types of contract

Reports

Zero-hours contracts: myth and reality

Research findings and recommendations to improve practice in the use of zero-hours contracts

Thought leadership

Insight and foresight from our experts in people and the world of work

9 Thought leadership about Employment law

Thought leadership

New employment legislation to come into effect on 6 April 2024

We outline the key pieces of legislation set to come into force in the UK and explain their implications for employers and employees

Thought leadership

Stormont is back - but what should it focus on?

What are the priorities for Northern Ireland as its devolved government makes a full return after two years?

Thought leadership

What does the new flexible working legislation herald for UK workers?

Carl Quilliam discusses what the passing of the Employment Relations (Flexible Working) Act 2023 means, what changes it brings and when they might be implemented

Thought leadership

Now is the time to extend statutory bereavement leave and pay

Claire McCartney and Lucy Herd, Jack's mother and prominent campaigner for Jack's Law, discuss the importance of extending statutory bereavement leave and pay for employees experiencing the loss of a close family member and ask what employers can do to best support them

Thought leadership

Home and hybrid working: current employment law essentials for people professionals

What do HR practitioners need to know and do regarding contractual issues and health and safety law?

Thought leadership

IR35: It's back

Charles Cotton’s article considers the implications of IR35, including the steps employers can take to prepare for the changes and how HR can help enforce it

Thought leadership

Time to strengthen UK labour market enforcement

Rachel Suff reflects on CIPD's new report, Revamping labour market enforcement in the UK, and considers the case for reform of the UK enforcement system

Thought leadership

No ‘good work’ without good enforcement

Rachel Suff and Duncan Brown from the Institute for Employment Studies look at the latest government consultation on establishing a single enforcement body for employment rights

Thought leadership

Workers’ choice key to genuine ‘two way’ flexibility

The CIPD conducted a survey for the Government's latest consultation on the introduction of a right for all workers to have reasonable notice and compensation, which highlighted a number of issues. Ben Willmott discusses

Policy engagement

Our calls for action.

2 Policy engagements about Employment law

Policy engagement

Calling for a more progressive and supportive approach to enforcing employment rights

Read our letter to the UK’s Director of Labour Market Enforcement as part of the call for evidence for the Labour Market Enforcement Strategy 2024 to 2025

Policy engagement

Good work plan: establishing a new single enforcement body for employment rights

Read the CIPD's submission to the Department for Business, Energy and Industrial Strategy

Learning

We offer a range of evidence-based courses tauilored to suit you and your needs.
Our Essential Insights courses are free as part of the CIPD membership.

Fundamentals of Employment Law

Gain the fundamentals of employment law so you can confidently handle common employment issues that arise on a day-to-day basis.

Employment Law Practitioner F2F

Discover how to resolve workplace legal issues that arise during the employment journey through a legal and compliant lens.

Employment Law Practitioner - Online class

Resolve employment law and workplace related issues with a confident, legal and wholly compliant approach.

Employment Law for Line Managers (England and Wales) Essential Insights

This course will provide you with a high-level overview of UK employment law. Explore the breadth of employment law and how it influences work in the UK, particularly in relation to people management.

Employment Law update

Stay abreast with the latest employment law changes update to deepen your knowledge and maintain organisational compliance. This engaging workshop will provide you with valuable practical insights and will cover England and Wales employment law and will have references to the law in Scotland.

Employment

law advice

Want more employment law advice? Members can phone the CIPD legal helpline or take out a discounted subscription to HR-inform for additional resources.

Employment law helpline HR-inform

Discrimination

Employment tribunals

Terms and conditions of employment

Topics A-Z

FAQs

What is the burden of proof for retaliation? ›

Under the current law, a retaliation claim includes three stages of a shifting burden of proof: (1) the employee must establish a prima facie case of retaliation; (2) the employer must identify a legitimate, non-retaliatory reason for their act(s); and (3) the employee must prove that the employer's non-retaliatory ...

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Can you get fired without a written warning? ›

“The short answer is yes: In many to most circ*mstances, employees can be fired without notice,” says Sonya Smallets, an employment law attorney at Minnis & Smallets in San Francisco, California.

What is considered protected activity for retaliation? ›

Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for: filing or being a witness in an EEO charge, complaint, investigation, or lawsuit.

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What is a materially adverse action for retaliation? ›

MATERIALLY ADVERSE ACTIONS

A materially adverse action is any action that might well deter a reasonable person from engaging in protected activity. Title VII forbids employer actions that would dissuade a reasonable worker from making or supporting a charge of discrimination.

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How hard is it to win a retaliation lawsuit? ›

Winning a retaliation case can be daunting, but it is possible when you have strong evidence on your side. Your case is only as strong as the evidence you have. In other words, you need to substantiate your claim with facts and evidence.

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Are retaliation claims very rare? ›

In fact, retaliation has been the most frequently alleged basis of discrimination in the federal sector since fiscal year 2008. In addition, the number of discrimination findings based on a retaliation claim has outpaced other bases of discrimination.

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What not to do when you get fired? ›

10 Things Not To Say or Do If You're Fired

Don't Storm off Without Saving Important Documents. ...
Don't Discuss Severance Without Taking Some Time to Process. ...
Don't Refuse to Help With the Transition. ...
Don't Dismiss the Chance to Resign. ...
Don't Be Afraid to Ask For a Recommendation. ...
Don't Disparage Your Supervisor or Co-Workers.

More items...

Nov 30, 2022

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Can my boss fire me and not tell me? ›

Under California law, an employer can fire you at any time, for any reason, or no reason at all, because California abides by the at-will employment doctrine. This allows most employers to terminate employees without warning as long as the motivation for termination wasn't unlawful.

How do I dispute a write-up at work? ›

If an employee receives a write-up and disputes it, they may be able to submit a written rebuttal. Human Resources must file the rebuttal alongside the write-up. This provides the employee an opportunity to have their dispute officially recorded.

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How much is a retaliation lawsuit worth? ›

$20,000 to $40,000

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What can I do if my boss is retaliating against me? ›

The law protects you, regardless of immigration status, against these acts of retaliation. If you believe your employer has retaliated against you, you can file a retaliation complaint with the Labor Commissioner's Office.

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What are 3 examples of retaliation? ›

Receiving negative comments on employment reviews, being subject to greater scrutiny at work, and being denied vacation time requests are all examples of workplace retaliation, as are being fired or demoted.

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How do you tell if you are being retaliated against at work? ›

Protected activities at work include reporting violations or advocating against discrimination. But when these actions lead to sudden changes in your job conditions, it might be retaliation. This can look like extended shifts without explanation or negative performance reviews after speaking out about discrimination.

What is a prima facie case of retaliation? ›

To establish a prima facie case of retaliation, a plaintiff must show “1) that she engaged in protected activity, 2) that the employer took adverse action against her, and 3) that a causal link exists between the protected activity and the employer's adverse action.” Kachmar v.

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What is quid pro quo harassment? ›

From a legal perspective, quid pro quo harassment involves an employer who makes decisions based on an employee's willingness to grant or deny unwelcome romantic or sexual favors. This can manifest in various ways, such as promising career advancements, job benefits, or even job security in exchange for acquiescence.

What must a plaintiff prove to establish retaliation? ›

To establish a Title VII retaliation claim, a plaintiff must show that: (1) she engaged in protected activity; (2) her employer took a materially adverse job action against her; and (3) the adverse employment action was caused by the protected activity.

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What are the three elements of retaliation? ›

Per federal case law and regulatory agency guidance, there are three essential elements in a claim of retaliation:

Protected activity.
Adverse action.
Causal connection.

What are three actions that constitute retaliation? ›

Retaliation to participation focuses on retaliation against employees engaging in protected activities, such as:

Filing a charge of discrimination.
Opposing unlawful conduct (or testifying about said unlawful conduct)
Participating in an investigation, proceeding, or hearing about the unlawful conduct.

What to ask for in a retaliation settlement? ›

Employees who have experienced retaliation often ask for an award of "pain and suffering," which includes the negative emotions (including anger, embarrassment, frustration, and the like), reputational harm, and other negative consequences you've experienced as a result of the retaliation.

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