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Question 1“Explain the aims and objectives of employment regulation”
Aim of employment law regulation
The aim of
employment law is to give
professional security to workers and employers in the working partnership. It addresses
a broad variety of topics concerning the workplaces and practices.
The following are few illustrations of what
would be protected through employment law:
·
Age discrimination
·
Discrimination
based on race, religion, sexuality or gender
·
Dismissal and employee grievances
The sources of employment law are:
·
Codes
of practice & regulations.
Objectives of Employment Law:
The
distribution of discrimination in societies is known as social justice, and it
has been concentrated on freedom and liberty. Social justice often concerns
equality with freedom and dignity in the environment. Occupational safety for
workers is intended to find the right balance between labor standards and equal
care for the workers who perform them. Labor laws at work derive from both constitutional and contractual
provisions(Barnard,
2012).
Employees’ legal protections
They include benefits as an individual under workplace law. This
may involve the following:
· A
right to written terms that outline their job rights and responsibilities, as
a minimum.
·
The
right to sick, holiday, and parental leave pay
·
The
right to claim redundancy and unfair dismissal after 2 years of service.
Employees’ freedom
As an employee, they are entitled to
such protections under the statute. They vary from employers in several ways,
but they are also covered by many of the same rules. This may involve the
following:
·
A
right to written terms which outline their job rights and
responsibilities.
·
The
right to national minimum wage
·
Protection
against unlawful
discrimination
Self-employed people really do have privileges.
Irrespective of the nature of their
jobs, self-employed individuals are mostly covered by employment act. While it
is not as detailed as the previous workplace designations, there are also
certain aspects to weigh.
The following is the list of points:
·
Customers’
rights and wellbeing must be secured when on their premises.
·
Protection
aligned with favoritism
Question 2: “Describe the role played by the
tribunal and courts system in enforcing employment law”
The aim of administering
employment law in tribunals and courts is to ensure that cases brought
before them are treated equally and regularly. Delivering a conclusion that is
consistent with the proof they’ve been given. They would consider the reality
about both the employee and the boss. In most cases, it is the employer’s duty
to show that they handled the matter appropriately, taking into account their
company’s rules and ensuring that they did not break any existing labor
regulations relating to the employee and their circumstances.
Some labor legislation in
UK is pointed to as constitutional or commercial law, and it
is applied by one party against another.The most significant ideal consequence
is typically reward. The majority of lawsuits taken to the court are
brought by a former or existing employee, or a disqualified career claimant,
who argues that their employer has damaged them in some way and has done so in
breach of the charter(Heery, 2010).
Controversies
investigated before work proceedings have the accompanying points as mentioned
below:
The below are few
descriptions of workplace evidence presented by federal courts:
·
Contract claims for non-payment of
wages.
·
Wrongful dismissal claims and other
contract claims.
Roles of the Tribunal
The Labor Court serves a variety of functions. The
labour committee’s main duty is to settle organizational disputes between
workers and workers in general. In the United Kingdom, labor courts were
established to address the need for gender representation in the workplace. On
a more basic starting point, the labor courts’ role is to attempt to resolve
disagreements over the following points:
·
statutory holiday entitlement
·
underpayment of minimum wages
·
breach of Agency Workers Regulations
·
refusal of employment based on trade
union membership
·
part-time discriminatory claims
·
public duty and trade union refusal
·
other related contractual disputes
Question
3: “Explain how cases can be settled
before or during formal legal procedures”
A binding settlement concluded following disputes on
a civil issue, usually before or after a court hearing, is known as a
resolution. Inside the rules sector, the phrase is often used in other
contexts. Instead of a single invoice, the signed arrangements ask for annual
fees. When parties sue (or threaten to sue) each other in court cases, in
addition to settling the conflict between them, a resolution is a potential
(and common) result. Outside of courts, plaintiffs and designated trial
defendants will settle their differences.
The agreement is that in return for the promise
written in the contract, a claimant would give up the right to sue (if they
haven’t already) or to appeal the case (if the complainant has already sued).
The contract will be carried out by the courts. The defaulting party will be
liable for breach of contract if it is violated. In certain countries, the
defaulting party might be subject to the initial action being reinstated(Hudec, 1999).
The settlement of the case, which is often carried
out by a judicial order, determines the legal terms of the parties following a
joint stipulation between the claimants. The complainant and defendant will
merely file a note that the action has been dismissed in those circumstances
(for example, if the charges have been settled with the settlement of a certain
amount of money).
In the majority of cases, a settlement is
achieved. Both parties (regardless of relative financial resources) have a
strong incentive to bargain in order to avoid litigation costs (such as legal
fees, expert witness fees, and so on), as well as time and tension,
particularly where a jury trial is possible. Usually, one or more sides would
seek mediation early on in the situation. To try to reach an agreement, the
parties may schedule (and the court can request) a mediation conference.
Question
4: “Identify the main principles of
discrimination law during recruitment, selection and employment”
In contentious cases, it might be written
into an agreement that the parties keep the contents of the arrangement and any
relevant matter information confidential, or that by agreeing to the
settlement, one of the parties (usually the party suing) does not admit any
fault or error in the matter itself.
Recognize the fundamental principles of
discrimination law as they apply to
recruiting, internships, and jobs.
While there is no legislation that
governs recruiting and work, there are a variety of regulations that control
the employment relationship and have an effect on problems that occur prior to
employment(Ancheta, 2007).
Discrimination
in the workplace intends an individual for justifications except for their
skills and experience, as well as when an employer recruits an applicant for
justifications besides their academic qualifications.
According to the Equality Act of 2010, segregation in
hiring and work allocation is illegal. As a result, it is your responsibility
to ensure that the company does not discriminate when recruiting new employees.
You tend to interview the best prospects possible when it comes to recruitment.
The Equality Act of 2010 safeguards workers with
“protected attributes” against sexual discrimination. Safe markers
include anatomy, marital status, gender reassignment, breastfeeding,
motherhood, ethnicity, disability, sexual orientation, religion or values, and
era. Such laws apply to public and
private procurement departments, associations, and employers’ mutual boards of
directors in charge of learning and training.
Principles of
Discrimination
Employers are prevented by the
Equality Act of 2010 from discrimination towards work applicants (and existing
employees) relying on a “safe attribute,” including such mentioned
points:
·
age
·
disability
·
gender reassignment
·
race
·
religion or belief
·
sex
·
sexual orientation
·
marriage and civil partnership
·
Pregnancy and maternity.
Question
5: “Explain how contracts of employment
are established”
An
employment licensing is a contractual agreement between the employer and a
worker. The National Employment Standards describes a worker in the European
Union as a citizen who has enrolled into or is employed underneath a contract
or apprenticeship contract(Anderman, 2000).
The
foundation of labor law is contract law. An employment
relationship requires both the boss and the employee. In exchange for
compensation from the boss, the employee decides to work for them. If one of
the parties breaches this deal, the other would be in violation of contract
with the other. Then according to labor law, the following
provisions are always met in attempt to develop a legally enforceable
employment contract:
·
offer
·
acceptance
·
intention to create legal relations
·
consideration
·
Certainty as to terms
An employment contract lays out each
party’s responsibilities and rights, protecting the employee’s job and the
employer against risks such as lost productivity due to uncertain working
hours. The boss shall supply you with a written statement on the first day of
work. The argument must contain those requirements. A contract outlines you and
your manager’s rights and responsibilities. One of the most well-known examples
is that you have a legitimate right to be compensated for your work.
Question
6: “Describe when and how contracts can
be changed lawfully”
An
employment contract lays out each party’s duties and rights, safeguarding both
the employee’s job and the employer’s output from risks like decreased
productivity due to inconsistent working hours. The boss must supply you with a
written statement on the first day of work. The argument shall include these
provisions. A contract spells out your rights and responsibilities, as well as
those of your manager. You have a legitimate right to be paid for the job you
do, which is one of the most well-known factors(Arnow-Richman,
2016).
When change
Explanations
for terminating a contract of work
Employers
Employers can be forced to make
adjustments as a result of changing economic conditions.
Employees
Employees could also request that the terms of their
contract be altered.
The following are the descriptive
points
·
better pay (you don’t have an automatic
right to a pay rise, unless it’s in your contract)
·
improved working conditions
·
more holiday
·
different working hours
·
to work flexible hours
·
to work part-time
Modification of contact lawfully
A change in the law or an arrangement between you and
your employer can result in changes to your employment contract. Under contract
law, neither you nor the agent will
choose to change the contract’s terms at will. All sides must agree on the
modifications.
The laws 1994-2014 specify how your employer will alert you of any
changes to the terms of employment (information). These safeguards have no
bearing on the requirement that any contract amendments be accepted by both you
and your boss.
Question 7: “Explain the main requirements of redundancy
law”
Only as a final option
should redundancy have been used. This is one of the most bizarre occupational
encounters a worker can also have. It generally requires the employer’s
diligent supervision to ensure that surplus workers are done fairly, as well as
the remaining workforce’s productivity and morale. Owing to the nuances of
dismissal and case law, employers must understand their obligations,
including workers’ rights and the required procedures to follow(van Kempen & Patmore, 2008).
An individual is fired for
wear and tear under the Employment Law Act of 1996, regardless of
whether the discharge is due to one or more of the following factors:
·
the employer ceases to carry on the
business in which the employee was employed;
·
the employer ceases to carry on that
business in the place where the employee was employed;
·
the needs of the business for employees
to carry out work of a particular kind cease or diminish; or
·
The needs of the business for employees
to carry out work of a particular kind in the place where the employee was
employed cease or diminish.
The
requirements should be clearly established and as objective as possible, with
those who wish to appeal having the opportunity to do so. Your boss should have
formal references and expertise, but they should not be the only criteria. Here
are some possibilities:
·
Attendance record
·
Disciplinary record
·
Skills or experience
·
Standard of work performance
·
Aptitude for work
If the
selection requirements are biased, the dismissal is unfair. A redundancy
decision could also be appealed if it was reached for one of the given points
in details:
·
On parental leave or maternity-related justification
·
Because you work part-time or fixed-term
·
For requesting flexible working
·
For a reason relating to your legal
rights
·
For whistle-blowing
·
For trade union involvement
·
For taking action on health and safety matters
·
For taking lawfully organized industrial action
·
For refusing to do shop work or betting
work on Sundays (England and Wales only)
Question 8: “Explain the main requirements of the law
on business transfers”
A major
transformation or changes in the way services are provided are also
manifestations of market transformation. When a company bought one of these
“transfers” partnerships ten years ago, the Transitional Employment
Regulations of 2006 (TUPE) ensured UK employees’ rights on the same terms and
conditions as they were ten years before(Allen,
Kraakman, & Khanna, 2021).
Tools to help with
the transition to commercial aid companies; especially those in difficulty; as
a result of the service provided by Ley de Trabajo Justo de 2009. In most
cases, a contractual agreement will take place in connection with the purchase
of assets, the consolidation of an organization, or the execution of a
subcontract or an internal mano de obra contract.
Transfers of company
If an ‘economic entity that
retains its identity’ is transferred, TUPE applies.
This can be decided by answering
the following questions:
·
Is the type of business being conducted
by the ‘transferee’ (the new owner, or the employer who is receiving staff) the
same as the ‘transferor’ (the old owner, or the employer who is transferring
staff)?
·
Has there been a transfer of tangible
assets such as building and moveable property (although this is not essential)?
·
Are there intangible assets (such as
such as patents, trademarks, copyright, goodwill or brand recognition)
transferred at the time of the transfer?
·
Have the majority of employees been
transferred?
·
Have the customers been transferred?
·
Is there a high degree of similarity
between the activities carried on before and after the transfer?
Q#9: “Identify the major statutory rights workers
have in the fields of pay, leave and working time.”
Pay:
The national minimum wage (NMW) refers to all jobs for people between the
ages of 16 and 24. The national living wage (NLW) refers to jobs for people
over the age of 25. NMW and NLW prices are usually tested in April of each year(Dickens & Manning, 2004).
The NMW course varies depending on the employee’s age and whether or not
he or she is enrolled in school. For example, the national minimum wage for 21-
to 24-year-olds in 2018 and 2019 is £ 7.38 per hour (it rises to £ 7.70 on
April 1, 2019).
NLW is £ 7.83 per hour for the academic year 2018-2019 (it will rise to £
8.21 on April 1, 2019). (The Employment Rights Act of 1996, the Equality Act of
2010, and the State Minimum Loon Act of 1998)
Leave:
Under the Parental Bereavement (Leave and Pay) Act 2018, all working
parents will be entitled to the first day of two weeks’ leave if they have lost
a child under the age of 18 or had a stillborn child after 24 weeks of
pregnancy(Denhup, 2019).
The implementing legislation, which will include additional information,
is still in the works. Pregnant staff has the right to 26 weeks of normal
maternity leave, followed by another 26 weeks of extended maternity leave.
Women are constitutionally entitled to two weeks of maternity leave immediately
following childbirth (four weeks in the case of workers).
Eligible workers are entitled to one or two weeks of paid paternity leave
for each child born. Qualified workers who are unable to function for four or
more consecutive days due to sickness or injury are entitled to up to 28 weeks
of pay for each week of disability or a similar set of periods. The weekly
statutory sickness compensation is currently £92.05. The Jobs Act of 2002 and
the Working Time Legislation of 1998
Working Time:
Workers’ working hours are restricted by the Working Time Legislation of
1998. Employees are entitled to a minimum regular rest period between working
days or shifts, as well as a minimum weekly rest period, under the Working Time
Regulation of 1998. Working Time Act of 1998; Occupational Health and Safety
Act of 1974)(Tucker & Folkard, 2012)
Question 10 “Explain the major requirements of equal pay
Law”
Equal
compensation for equal employment is a fundamental duty that all men and women
must fulfil (work that equal pay law
classes as the same, similar, equivalent or of equal value)(Treiman &
Hartmann, 1981).
This implies
that no one can deliver a lower price than anyone who has any of the following
characteristics:
·
the
polar opposite sex
·
doing
comparable jobs for the same employer
Equal pay regulations cover both pay and job
conditions, and include following points
·
minimum
salary
·
basic
income
·
pension
·
working
hours
·
annual
leave payment
·
holiday
pay
·
overtime
pay
·
redundancy
pay
·
sick
pay
·
performance-based
pay, such as a bonus included in the employment contract; • benefits, such as a
gym membership or a company car
Fair pay rules
are governed by the Employment Act of 2010 and the congressional Equal Pay
Committee’s (EHRC) federal code of conduct on equal pay.
Equal pay applies on flowing mentioned
·
employees,
·
workers,
·
apprentices,
·
agency
workers,
·
full-time,
part-time, or temporary contracts, and
·
Self-employed
people who are hired to do the work themselves.
·
According
to the constitution, ‘fair job’ means either:
·
Like
work’ – work in which the job and skills are the same or similar.
·
Work
that has been graded as equal’ – work that has been rated as equivalent using a
realistic job assessment. This may be attributed to the fact that the necessary
degree of integrity, obligation, and initiative are all equal.
·
Employment
that is comparable but not identical is referred to as a ‘work of equal value.’
This may be due to the fact that all standards of experience, readiness, duty,
and working conditions are similarly respected.
Question 11:
“Explain major maternity, paternity and other family-friendly employment
rights”
Maternity leave
Women of
childbearing age employees are entitled to 26 weeks of standard maternity
leave, supplemented by another 26 weeks of extended maternity leave. Women are
constitutionally entitled to two weeks of maternity leave after the birth of
their child (four weeks in the case of factory workers).
Based on her
length of service and weekly salary of £116 or higher, an employee is entitled
to up to 39 weeks of mandatory maternity leave (currently). The obligatory
maternity pay was charged at 90% of the gross weekly wage for the first six
weeks. The previous 33 weeks were charged at a fixed rate (currently £ 145.18,
but this will be checked in April 2019) or at the more recent rate of 90% or
the flat rate(Robila, 2012).
During maternity
leave, a woman has the right to return to her former employment under the same
terms or to a suitable alternative position under similar conditions if this is
not appropriate. If a worker is laid off whilst on maternity leave, she is
entitled to an equal pay status at the workplace or at a similar job.
Paternity leave
During their maternity
leave, employees who fulfil these conditions are eligible for up to two weeks
of paternity leave. If you are the baby’s biological father or the mother’s
husband, spouse, or partner, and you have been employed continuously for at
least 26 weeks at the end of the 15th week prior to the scheduled week of
birth, you are entitled if:
·
You
are the child’s biological father or the mother’s husband, spouse, or partner;
·
You
have been or intend to be responsible for the child’s education;
·
You
have been employed continuously for at least 26 weeks.
It is lawful to take reasonable leave to care
for a maintenance worker when it is appropriate, primarily to cope with
unforeseen emergencies from the family or caregiver. It is up to the boss to
decide whether or not the licence is covered.
Question 12 “Identify the major requirements of health
and safety law”
In a brief, the
HASAWA 1974 (Health and Safety at Work Act 1974) demands that employers have
the following:
·
Satisfactory
welfare provisions for workers at work
·
A
stable workplace environment that is properly maintained and that activities
within it are conducted safely
·
Sufficient
workforce preparation to ensure that health and safety procedures are
recognised and adhered(Stranks, 2007)
Employers of
five or more workers can maintain a clear log of their health and safety policy
and disclose applicable practises and associated health and safety legislation
to employees (or employee representatives) like Workplace regulations (health,
safety and welfare).
HSW covers
multiple facets of the workplace and allows workers to succeed in an atmosphere
that is both relaxed and suitable for the activities they do.
Laws
for employee comfort and sanitation (such as breakpoints, bathing rooms, and
drinking water), as well as fair workplace conditions (such as living,
illumination, and ventilation), honesty, and professionalism are both included
(such as proper maintenance of properly maintained corridors and floor spaces,
and protection against falling objects and so on.) (Tucker & Folkard,
2012)
Question 13 “Explain the significance of implied duties
as regards the management of employees at work”
Contractual
provisions should be incorporated into employment agreements to make them more
workable and to fill up the holes where the boss and employee have not reached
an agreement.
·
Responsibility
to have a safe, secure, and stable workplace – which ensures the company must
enforce programmes, processes, and procedures.
·
Both
the employee and the boss owe each other an obligation of loyalty, such as
keeping classified details completely private.
·
Adjusting
is the employee’s duty. Organizational architecture, development, flexibility,
and change management practises that empower and motivate employees to develop
their abilities, competence, and agility should all be considered by employers.
If such explicit
terms are governed by employment law,
they cannot be changed (e.g., duty of care in terms of H&S). Agreements,
customs, and practises may be changed, but the contractor must treat all
workers fairly (e.g., have timely consultation) and explain why the changes are
being made (e.g., economic, technological, and/or organisational considerations
similar to those listed in TUPE above)(Lewis, 2011).
Question 14 “Explain the principles of the law on
freedom of association”
The Gender Equality Association respects a person’s
right to willingly join or leave groups, a group’s right to take meaningful
steps to address participants’ needs, and an organization’s right to approve or
refuse membership based on those requirements.
The right to speak freely is enshrined as a basic
human right in the Universal Declaration of Human Rights (1948). It is a core
component of democracy and the rule of law
since it encourages non-state actors to directly engage in economic and social
policymaking. One of the most important civil rights is the freedom to freely
socialize. It guarantees that everyone, whether formally or informally, has the
right to shape, participate in, and coordinate societies.
Any culture honors the freedom to express oneself.
It is a crucial right that encourages people to exercise power over a country’s
human rights situation and encourage human rights enforcement. This is critical
for the human rights defender’s position(Emerson, 1964).
“Imagine a world without civil society.
That world is bleak. Civil society has been at the forefront of numerous
landmark political and social changes over the last decade; changes that have
improved societies and individual lives in diverse and meaningful ways.”
Maina Kiai, a former
United Nations Special Report on freedom of speech and peaceful assembly, It’s
also a basic human right, according to the Human Rights House definition. Since
we practice it, have seen it in reality, and have firsthand familiarity of how
constraints can influence relationships, we admire the right to communicate.
Political groups, trade
unions, civil associations, and non-governmental worker organizations are also
protected by the right of freedom of association. Individuals, companies with
and without legal bodies, and non-profit organizations are also eligible to
participate.
Individuals have the
freedom to create and join organizations, as well as to take civil and judicial
proceedings of their own, which states must defend. This necessitates the
courage to ask for and receive assistance, as well as the ability to band
together, advocate, and protect human rights.
Question 15 “Explain the main requirements of unfair
dismissal law in respect of
capability and misconduct issues”
Unfair separation is a notable
clause of British labour law, which
states that when an employee is dismissed, they are handled equally and
correctly (Howe, 2016). Section 110 (C) of subsection 1 of the Employment
Rights Act of 1996 regulates this standard, which states that contractors have
the right to a just declaration before being fired (Davies, 2015). According to
chapter 111 (A) 2 of the Employment Law
Act of 1996, the termination measure would be referred to as “incorrect
termination.” If it is carried out without adequate warning or notice, it
is considered a violation of the employee’s contract. The year is 2015.
(Davies). The boss must get approval from clients and coworkers before firing
an employee. An employee’s incapacity for employment would be calculated on the
grounds of his long-term ill health, even though he has done nothing wrong. As
a result, no disciplinary charges can be made against workers, and judges are
looking at related cases (Howe, 2016). If the illness causes harm, the employer
must make fair accommodations to protect both parties. The employer must ensure
that the employee’s financial insurance is not jeopardized in this case, and
the employee must be kept on the payroll in order for wages to be paid.
However, the employee can be dismissed for inaccuracies, such as a false criminal
prosecution, in which case the boss only has to admit the employee’s
inaccuracies rather than assert the reality. The prosecution will undoubtedly
proceed, but only until the employee is dismissed. If the employee’s employee
does not agree to his continued job, he will be fired. Employees will be sacked
for being unethical, as shown by the case of Alan Druke v. ASDA Tribunal 2013,
under which an employee was found guilty of handling third-party products that
were not included in the company’s ledgers and were therefore accused of being
illegal(Carby‐Hall, 1991).
Question 16 “Explain the scope of the right for employees to be accompanied at
serious discipline and grievance hearing”
The Employment Law
of 2008 and the Labor Courts (Constitution and Code of Procedure) (Amendment)
Legislation of 2008 provide the most important regulations on workplace
oversight and grievances. The ACAS standard of Conduct on administrative and
appeal procedures is also worth mentioning. Northern Ireland is excluded from
the Jobs Act. Indirect and the Department of Industrial Relations have Northern
Ireland-specific discipline, appeal, and termination services. Employers and
employers should make every attempt to settle disciplinary and conflict
disputes on their own, and enlist the assistance of a third party (such as a
mediator or arbitrator) when possible. In the vast majority of cases, ACAS
should be able to reach an early agreement; the job court should only be seen
as a last resort. Employees who place a valid order have the right to be
accompanied, according to Section 10 of the Labor Relations Act of 1999. In the
statute, the word “fair request” is not defined(Al-Haidar, 2018).
According
to ACAS guidelines:
·
Employers must approve a worker’s
invitation to join a statutory escort party, such as a coworker, union
official, or union leader
·
A worker should shift partners at any
moment, but workers should regard practical issues as best practice. Employees
have the right to be accompanied whenever they make a valid request. For
example, rather than being followed by someone who is physically remote, a
worker would like to be accompanied by an escort who is appropriate, capable,
and accessible on site. What is called fair would be decided by the
circumstances of each case.
·
A worker should ensure that her request
is well understood by using the companion’s name where possible and specifying
if she is a co-worker, union leader, or member of a union in her request
·
A worker can ensure that her request is
well understood by including the companion’s name where possible and specifying
if she is a co-worker, union leader, or member of a union in her request.
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