Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Zero hoursEmployment lawLatest NewsDismissalEmployment tribunals

Libby Purves is wrong: the UK’s employment law is best in class

by John Hayes 18 Apr 2024
by John Hayes 18 Apr 2024 Shutterstock
Shutterstock

Employment lawyer John Hayes responds to an article in The Times that criticised UK employment law, explaining why it is better than the rules adopted by the US and some of our European neighbours.

Libby Purves’ article in The Times (Monday 15 April 2024) contends that “Employment law isn’t working for anyone”. As an employment lawyer for over 30 years, I have to disagree. I know it’s not perfect but whether we like it or not, I believe that UK employment law is much better than anywhere else in the world.

If Purves – or anyone else – thinks that employees are overprotected in the UK, they should try to fire someone in France or Germany where the legal model emphasises social protection, employee participation in decision-making, and job security. In Germany for example, even in an anodyne redundancy situation, it is almost impossible to dismiss someone. France also leans heavily towards the rights of employees at the expense of the employers.

UK employment law

‘Non-feminist’ belief discrimination claimant ordered to pay costs

DWP treated autistic work coach unfavourably

Tube driver who opened wrong doors wins unfair dismissal claim

Even in Ireland, which is the most comparable jurisdiction to the UK, it is relatively easy for a high-earning employee to get an injunction to prevent their employer from dismissing them. That is not the case in the UK, unless in exceptional circumstances.

At the other end of the spectrum, in the US, employee protection is incredibly limited; the majority of workers have “at will” employment contracts. There is no unfair dismissal protection and an employee can be fired at a day’s notice. That is not our way of doing things here; most people are used to sensible contractual notice periods, be it a month, three months for medium-level employees, or six months for very senior employees.

As with many things, we find ourselves straddling the Atlantic in terms of employment law, bridging the gap between very minimal employment rights in the US and very employee-focused in the EU. Our more flexible employment laws allow organisations to employ over a million agency workers and zero-hours workers, while adopting a far higher degree of hybrid working and flexible working in secure roles than any other European country. We work in a country where the employment law is broadly pro-employer in that it is relatively easy to dismiss someone, but if you do it unfairly, it is going to cost you. And that, I feel, is the right balance.

The claims of ‘snowflakes’?

So, Libby Purves is wrong in suggesting that in some way employment law exists to support the claims of “snowflakes” and unmeritorious employees. Employment tribunals may be overloaded, but my experience as an employment lawyer is that far more good claims are suppressed than are brought, particularly by women who have been discriminated against often because they do not want the stigma of bringing a claim which may become a career-defining issue.

We find ourselves straddling the Atlantic in terms of employment law, bridging the gap between very minimal employment rights in the US and very employee-focused in the EU”

That is not to say that the system is working perfectly; far from it, and some significant improvements could be made to the employment processes in this country. Purves is right that it takes too long to bring a case. This is partly a feature of the law itself and partly due to the under-resourcing of the Courts & Tribunals Service over a long period.

Investigations

Too many internal investigations can take too long – think back to the BBC’s investigation of Huw Edwards – and something should be done to shorten those processes. All of us in employment law or HR would have been involved in internal investigations which grind on for too long and become deeply dispiriting, not just for the employee but also for the employer.

Now, there is a new agenda in what is likely to be an election year. The Labour Party are promising a raft of additional employment rights if they come to power, and the second half of this year is going to be interesting in looking at employment rights as each political party seeks to find the delicate balance between fostering economic growth and providing safe, inclusive, enjoyable places for people to work. I believe that employment law qualifying periods should be reduced from two years to one year, although Labour is promising less than that.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

So, I think Libby Purves is wrong. UK employment law is far from perfect, but there are some areas we can be thankful for.

HR Director opportunities on Personnel Today


Browse more HR director jobs

John Hayes

John Hayes is managing partner at the specialist employment law firm Constantine Law.

previous post
Post Office chairman used ‘offensive and outdated’ terms
next post
Pay a barrier to moving into green jobs

You may also like

Fire and rehire: the relocation question

22 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

Zero-hours workers’ rights to be extended from beyond...

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Ministers urged to outlaw misuse of NDAs

7 May 2025

Employment Rights Bill must be tightened to protect...

1 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+