New Labour’s ‘third way’ includes striking a balance between employer and employee interests. In accordance with this philosophy, the Trade and Industry Secretary, Patricia Hewitt, said of the Employment Act 2002: “This package is good for British business and it is good for the people who work in business.”
Does the Act achieve a balance between employer and employees? In one sense it cannot as the converse of rights for employees is obligations for employers. Perhaps a more realistic way to check for balance is by reviewing how onerous these new obligations are. The Act runs for 82 pages, so I will only look at three of the key areas. Further, to a large extent, the Act is only part of the story because many of the Act’s provisions are to be implemented through regulations.
