Understanding the regulatory framework and sources of employment law

The regulatory framework shaping UK employment sits at the centre of this 7CO01 video, which addresses AC 2.3's requirement to analyse major legal and regulatory developments in employment and the labour market. The video examines the foundational rationale for employment regulation, including the power imbalance between employers and individual workers and the broader economic and social policy objectives that regulation serves — among them minimum wage legislation, family-friendly rights, and anti-discrimination law. Rather than treating compliance as a technical checklist, the video frames these policy purposes as the starting point for strategic thinking about where regulation is heading.

A significant portion of the video is devoted to mapping the layered architecture of UK employment law. Primary legislation, including the Employment Rights Act 1996 and the Equality Act 2010, sits alongside secondary legislation in the form of Statutory Instruments, common law principles such as the implied duty of mutual trust and confidence, and ACAS Codes of Practice. The video gives particular attention to the practical standing of ACAS codes — specifically the ACAS Code on Disciplinary and Grievance Procedures — and to the consequences for tribunal compensation awards where those codes are not followed.

The video also addresses the post-Brexit regulatory environment, covering the Retained EU Law (Revocation and Reform) Act 2023 and its implications for employment rights derived from EU law. Areas specifically identified as subject to potential change include working time, agency worker rights, and TUPE protections. This horizon-scanning dimension connects directly to AC 2.3's emphasis on mitigating risk, positioning senior HR practitioners to respond to a regulatory landscape that remains in active flux rather than treating current rules as settled.