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Primary Source Of Uk Employment Law

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Introduction

“Law is what the courts say it is”. This statement is true depending on the case that the court would be dealing with. The type of statutes and laws which have been previously used on a similar case would also influence the decisions made by the courts.

The English legal system is not codified except for only a few area’s which are codified such as Employment law and Consumer law. For Example, there are a range of different Acts within Employment law which help interpret when a worker is failing to do his duties or other legal issues arising for Employment. Some of the Acts under Employment law include “Health and safety Act, Absenteeism, Contract of Employment, Employment Legislation Act to Protect Children and the Equality …show more content…

The EU has the power to create rules and regulations which will apply to all the countries in the European union. Sources of EU Law include primary sources and secondary sources. There have been situations where the EU Law conflicts with English law. Factortame Ltd vs Secretary of State for transport (no 2) (1991)- This was the case in which a company of Spanish fisherman claimed the UK has breached UN law by requiring the ship to have most British owners if they were to be registered in the UK. “the case made a number of significant judgments on British constitutional law and was the first-time courts held that they had the power to restrain the application of an Act of Parliament, pending trial and ultimately to disapply that Act when it was found to contrast EU law”. (Wikipedia). With this case the EU rules and regulations where different to an Act of parliament which resulted in courts to disapply the act. Relating to the statement “Law is what the courts say it is” This case really highlights the fact that the courts in some situations can make decisions even if certain statutes are contrary to their …show more content…

The judge was used the mischief rule and decided that their offence was what the act was trying to prevent”. This shows that sometimes in certain cases the courts can related back to act and alter the meaning of the words that underline what is required for you to be prosecuted under this act. The Judge must also consider that where a list of a kind it includes another kind, for example knowing that an act referring to cats and dogs is also referring to all other domestic

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