Employment Law and Relations: Case Study and Procedure

The assignment details provided outline a comprehensive case study on employment law and relations. The procedure involves using internal workplace procedures to try to resolve issues within three months. If not resolved, the claim is sent to the tribunal office for further processing. The process includes acceptance or rejection of claims, conciliation, management of cases, holding hearings, issuing default judgments, and finalizing judgments. This assignment provides a detailed examination of employment law procedures.

5EML – Employment Law5EML – Employment Law
Table of Contents
INTRODUCTION..........................................................................................................................................................1
1.1 The aims and objective of employment regulation.............................................................................................1
1.2 The role of tribunal and court system for enforcing employment law................................................................3

1.3 The cases settled before and after legal procedures............................................................................................5
2.1 The main principles of discrimination law in recruitment and selection and in employment...........................7
2.2 Establishment of contracts of employment........................................................................................................7
3.1 The change in the contract lawfully....................................................................................................................8
3.2 The main requirements of redundancy law.........................................................................................................9
3.3 The main requirements of the law on business transfers...................................................................................10
4.1 The major statutory rights ................................................................................................................................11
4.2 The major requirements of Equal pay law........................................................................................................12
4.3 The maternity,paternity and other family employment laws............................................................................12
5.1 The major requirements of health and safety law.............................................................................................13
5.2 The significance of implied duties....................................................................................................................13
5.3 The principles of law on freedom of association...............................................................................................14
6.1 The main requirements of unfair dismissal law .............................................................................................14
6.2 The scope of right for employees......................................................................................................................15
CONCLUSION.............................................................................................................................................................15
REFERENCES .............................................................................................................................................................17

INTRODUCTION
The right and duties between workers and employers are governed by employment law. In the
workplace, the employment laws are planned to keep the employees safe and also to ensure that fair
treatment is given to them. Theses laws also secure the interest of employers. In the UK, the relation
between workers, employers and trade unions are regulated with the help of employment laws. The
Gregg plc is the largest bakery chain UK (Greggs , 2017). All the employment laws of UK are adopted
and followed at this workplace. This company mainly deals with the products related to bakery such as
biscuits, cakes etc.
This report will examine the purpose of employment regulation and the role that is played by
tribunal and court system to enforce these employment laws. This report will present the management of
recruitment and selection activities by making use of these employment laws. The main requirements of
redundancy laws and requirement of law on the business transfer will also be discussed in this report. All
the laws for the rights of workers will also be discussed in this report.
1.1 The aims and objective of employment regulation
In the employment law all the aspects of employment is covered. The laws of employment exists
to regulate the relationship between businesses and their employees. With the help of employment law
the discrimination is combatted and equality of work is effectively promoted at workplace. By following
relevant legislation the employer and their staff workers can make sure that their appointing process,
dismissal processes and the business as a whole is fair for each individual. The three objective of
employment regulation is to provide employees with social justice, fairness and protection of employee at
workplace. With this no injustice will be done to employees and staff and fair treatment will be given to
them. The two sources of employment laws are Acts of Parliament and EU laws. In the Act of Parliament,
The Equality Law 2010 secures the people at workplace from any discrimination. In EU laws, the working
time regulation protects the people and give right to them to work 48 hours on an average in a week. The
amount of hours can be increased if the person works in a job that is related with security and
surveillance or a domestic servant in a private house etc. Under the age group of 18 this law permits to
work 40 hours a week. But for the age group more than 18 years.
In the UK,there are three legal system. The English law is applicable to the law of England,the
Scottish law is applicable to the laws of Scotland and for regions of Ireland there are Northern Ireland and
Welsh law. Using legal precedent the judges make decisions regarding fundamental issues in English
law. However in comparison Scottish laws are very diverse .With laws of England and Wales scotts have
shared legislation.

1.2 The role of tribunal and court system for enforcing employment law
Employment Tribunal Claim Process
ArisArise of conflict
Using the internal procedures at workplace
The issues are tried to resolve
Within 3 months, the claim is send to tribunal
office
Acceptance of claim,
send
To respondents
Conciliation begins
Not acceptance of claim
Acceptance of response Not accepted or no response
Management of case
Helding of hearing
Default judgment issued
Judgment is issued

In the above flowchart it have been shown that firstly, the dispute or any conflict will take place in
the workplace. By using internal procedures of workplace such as policies the issues will be resolved
within the estimated time of 3 days. Then the claim is send to tribunal offices within 3 months ( Agan,
2017). There are 2 chances there if the claim is not accepted then it will be returned. Whereas in another
case if the claim is accepted it will send to respondent ad conciliation will begin this procedure send claim
and getting acknowledgement can take around 28 days. The respondent can both accept and not accept
the response. if it is not accepted then default judgement is passed. If the response is accepted then case
will be managed, hearing will be held and judgement will be issued.

1.3 The cases settled before and after legal procedures
The two well known procedures for solving the dispute or case without any legal procedures are as
follows-:
Method for conflict
resolution
Objective Pros of this method Cons of this method
Mediation This can help to solve
conflicts between tow
parties with concrete
effects. To negotiate a
settlement a third party
acts as a mediator.
This process will save
both time and money as
it will happen rapidly
than legal proceedings.
Without the restrict rules,
each party is given
opportunity to describe
his/her perspective on
the conflict
The relationship
between the parties is
preserved through this
process
The parties many be
completely unwilling to
cooperate.
There are chances of
getting an inexperienced
mediate. There are some
issues that need to be
solved by always so it is
not a good idea to
mediate.
Conciliation The conflict settlements
is seeked by the parties
with the guidance of
conciliator. The non-
binding settlement is
provided by the
conciliator. (O’Leary,
2017 ).
They are conducted in a
time and cost-effective
manner as they are
informal and offer
flexibility in the
conciliation proceedings.
It gives the power to
parties to choose the
time,place,language and
structure of the
proceedings.
Since the process sis not
legal so the parties do
not consider it.
Till the end no decision
is guaranteed.
ACAS is an acronym for Advisory, Conciliation and Arbitration Service. They mainly help to solve
the conflict related with employment. When a claim is made to an employment tribunal, the Acas office
will contact in order to get help and settle the dispute with the use of Acas.

2.1 The main principles of discrimination law in recruitment and selection and in employment
Managing recruitment, selection and appointments lawfully
The direct discrimination is addressed when the unfair assumptions are made by the people
regarding the certain personal traits of people. For an instance refusal of giving employment to people
due to their age as they thinks that the personal is old to learn new things.
The indirect discrimination takes place when the policy of workplace, practice treats all the
workers in the similar way, but it creates an unfair advantage for someone due to personal traits protected
by law. For an instance an employment requirement to work at a night shift of 13 hours may appear to
treat everyone equally. But it is disadvantage for the employees families and caring responsibilities.
A new concept was introduced by the Equity Act 2010 that is discrimination but association into the
legislation of UK. Due to protected traits such as race,sex a person is usually discriminated against.
However, discrimination by association secures the person from being discriminated due to the protected
traits of third party. (Lobel, 2017).
In this the role of HR is to make sure the alignment of policies with laws of government and also to make
management aware regarding their responsibility towards the hiring of new candidate. The policies of
appointing and selecting new employees need to be aligned with legislation laws.
The role of management is to provide training and development for these new candidate. The
opportunity should be given to everyone for promotion.
For a example if the laws of discrimination are not followed during appointing the appropriate candidate
then the reputation of the company can be at stake. If any discrimination is done on the basis of race to
employees during recruitment process, this act will hinder the reputation of the company. During
recruitment and selection this law will help candidate as no discrimination will be done while appointing
them..
2.2 Establishment of contracts of employment
A contract is an official agreement. It can both oral or in written form. By using formal or informal
terms the contract are written. A promise is made between 2 or more parties on which judgement is
passed by court. The four important elements of contract are as follows-:
Offer - In a valid contract a first element will be offer. This element need to be included in the contact as
the contract is not possible without any offer. The act that was passed in 1950 the first element in the
contract was offer. It will reduce that the contract is legally valid and acceptable.
Acceptance – The next element is acceptance after including the offer in the contract, it need to be
accepted. The other party or person need to be accept the contract that is made.
Consideration - This implies that another human will be providing something in return. In the contract it is
an important element.

Intention to create legal relations – This would have an agreement for the intention to create legal relation.
The contract are subjected to lawsuit if there is no intention to create a legal relation in the contract
(Redundancy: your rights , 2017).
There are basically two types of contract in the expressed contract the contract is created by
words. The proposal and acceptance that results in the agree not which is regulated by laws, is
expressed verbally. However, on the other hand in implied contract the contract is expressed non-verbally
through conduct or behaviour.
All the essential information that is a date of joining,salary,working hours etc need to be
mentioned in the contract. Some examples of contract documents can be offer letter, staff handbook etc.
3.1 The change in the contract lawfully
The reorganisation due to factors such as recession, expansion and relocation's are responsible
for changing the contract lawfully. A flexible clause in the contract give the power to employees to make
modification in the terns and conditions of the employees. This clause can deal with issues related to
working hours. It may change a contract in a way that is not predicted by the employer (Sprack, 2016).
The terms of contract cannot be varied by the employer without the consent of employer but if a flexible
clause is already included in the contract then the consent for change is given to employees.
The alternative ways that can be used in order to make a changes in the contract in the absence
of flexible clause is by dismissal and re-engagement. It is more safe for the employers to dismiss the
workers and a re-engage then on revise terms and conditions. A proper notice of dismissal is
provided .By sing this approach there is a high risk of losing staff and the risk of tribunal claims. And also
the productivity will decrease due to dismissal of staff (Changing or varying a contract, 2017.)
3.2 The main requirements of redundancy law
It is a form of dismissal and it takes place when the job of employee no longer exists. This mainly
take place due to need of employers to reduce the number of staff or to shut down their business. The
employer will not be eligible for certain rights such as redundancy pay notice period if the employer is
made redundant. The redundancy laws aims that a fair selection is to be done for redundancy for the
rights of employees. A statutory redundancy and notice need to be entitle to employees.
Before making any redundancy the employers should consult with the employees. They need to
provide information regarding the necessity of redundancies. The collective consultant right is applicable
only if the employer proposes to make more than 109 employees redundant at time period of 3 months or
less. The individual employees need to be consulted by the employers. The fair should be used for
selecting redundancy for the employees. The commonly used methods are as follows-:
 The skills, talents, qualification and experience of employees
 The employees with the shorter period of time need to be selected first

The another way is providing a redundancy notice. This notice should be given to employees who
are selected for redundancy form before (Schipani,Milliken and Dworkin, 2017).
 If the employees are continuously employed for more than 3 years then redundancy payment
need to be given to them.
If all these steps of lawful redundancies are not followed, then it will have a negative impact on
the morale and it also against the tribunal claims.
3.3 The main requirements of the law on business transfers
TUPE stands for Transfer of undertakings Regulations 2006. This regulation is made by
collective redundancies and transfer of undertakings. It is applicable to small to medium sized
organisation. When the organisation or service they work for transfers to new employer, then in this case
TUPE will protect the rights of employees.
The TUPE need to be applied during business transfers and service provision transfers. In a business
transfers the TUPS regulation can be applied if the business transfers to new owner or combines with
another business to make a new brand new employee. In the service provision transfers the TUPE
regulation can be applied in situation such as an outsourcing and in sourcing
The TUPE transfer can be of 2 types -:
Outgoing employer
 During this stage, the employees need to inform regarding the potential sale (Sappideen,
O'Grady and Riley, 2016).
 The consideration regarding to bid or rebid the contract.
 During this stage, the employer need to inform about the transfer
 The person who will conduct the transfer is identified
 To the incoming employer ELI is provided.
When the transfer takes place
 At this stage, the transferring of staff is loosed by the outgoing player
 The information regarding the remaining staff need to be transferred.
 The employer need to make sure that all the employees are clear about the tasks.
 At this stage the outgoing player
 If there are any redundancies, then the outgoing player need to inform other consult.
 In order to preserve good moral, it nee to be informed.
Incoming player
 At this stage the incoming player need to inform about trade union of the potential purchase.
 At next stage, the transfer need to be identifies.
Transfer takes place

 At this stage, the information regarding transfer need to be given
 At this stage. the effectiveness of the procedure need to be reviewed.
4.1 The major statutory rights
It is the responsibility of very business to make sure that relevant rules and regulation are followed. It is
complicated to balance the requirements of employees and employers. So in order to achieve this ,there
is a need to aware the employee regarding the responsibility towards the form of business. The laws
regarding pay and working hours and leave will help to regulate that the employer will get the pay as per
discussed in the contract and the number of Working hours that the employer need to work will be
according to the contract. So all the laws regarding leave, pay and working hours will be followed by both
employer an d employees at workplace. The major statutory rights for both the parties’ areas follows-:
Categories Case law 1 Case law 2
Pay Through the Equal Act 2010,the
employer will be given the equal
pay that have been discuses in
the contract
Through the National Minimum
Wage Act 1998,the employees
are been given minimum wages
Working hours With the law of Working time in
1198,the employer is given fixed
amount of annual leaves
The health and safety law
enforcement states that due to
health issues the employer can
take a leave from work (Paolella
and Durand, 2016). But
medical report should be given .
4.2 The major requirements of Equal pay law
The gap between the pay of male and female employees is large in numbers. The men on an
average earn more than a women. Under the act of of equity 2010, the equal wages is given to both men
and women at work (O’Leary, 2017 ). The pay system need to deliver an equal pay to both men and
women and also the risk of equal pay claim is protected by doing this. The comparison between men and
women work at organisation is done through an equal pay audit. The main objective of this audit is to
recognise the difference between men and women pay when both are working to equal time. With this, if
the unequal pay is not justifying then it will eliminate its instances. This will also find out the reason behind
the unequal pay between men and women. In this act the equal provisions are given to both men and

women. The act not just include salaries but also equal bonuses, company cars, pensions and other
benefits (How to implement equal pay, 2017).In Gregg plc company the equal pay law is followed
and no discrimination is done between men and women. The equal pay such as equal bonuses, pensions
etc are given to both of them equally. This law at workplace prohibits any discrimination between men
and women in-terms of pay and conditions of employment, The equal treatment is given to both of them
at workplace. Under the act of equality ,equal pay is given to men and women for equal work. All the pay
are included in this such as sick pay, hours of work, basic pay etc.
4.3 The maternity, paternity and other family employment laws
A range of family provisions such as legislation relating to maternity, parenting and adoption
leave and pay is given for the rights of employees. If there is any death in the family, then the employees
is given holidays for specific period of time and can return to work after that time period. With the
maternity and parenting rights the leaves is permitted to parents both before and after the birth of the new
born baby. Such law will give the rights to parents to fulfil their responsibility towards their family. They
can return back to work after certain period of time. The same-sex partners and father are also applicable
to this leave (McDonald and Thompson, 2016).
The Griggs plc follow all these friends and family law at its workplace. The maternity and parenting leave
is granted to employees and they can come back to work after the specific time. In case if their is a loss of
any family member in the family then the right to given to employees to apply for a leave. All these laws
are regulated for the rights of the employees at this company. The impact will be employees will be
benefited from this employment laws as for specific time-period they will granted to leave and they can
spend their time with their family members. After a particular time-period they have to return back to their
job as per this law. The specific time period is there and leave is provided for that period. Once that period
is over they have to join office again. The company also follow this law at its workplace. But on other
hand this law can have a negative impact on company as the employees will to be working and
even though the company have to pay them. Such law can benefit the employees but not the
organization as the employees will not be working for them till they have to pay salary to them.,
5.1 The major requirements of health and safety law
This law is required at workplace to ensure proper health and safety of workers at workplace. For
an example in a workplace if a person is bullied if he/she does not follow the rules of seniors or higher
authorities (Lobel, 2017). This is known as bullying to threaten someone to indulge in a work that
he/she does not want to do. At workplace it can cause stress and other health issue to the employees.
Medical help is taken by employee under such situations. Harassment at workplace can be due to
race,sex etc. In this offensive language can be sued to harass another person at workplace. Both bullying

and harassment can have negative impact on the health employees and it can also reduce the
productivity of the employees as they will feel stressed, low and depresses (Larson, 2016).
In order to maintain the proper health and safety of workers at workplace, there is a requirement
of health and safety work act 1977 under this act adequate training will be given to employees to make
sure health and safety. No harassment and bullying will be done in the workplace under this act. If it is
found, then punishments will be given as per this law. The workplace will ensue the health and safety of
employees .The some examples of bullying and harassment behaviour can be unfair treatment or
insulting someone. By phone,face to face the bullying and harassment at workplace can happen. This
law will safe employees from any harassment that is taking place in the workplace. Any harassment and
bullying at this workplace is not tolerated. Strict action is taken by company who get indulge in these
activities. The company ensures that employees feel safe and secured at workplace.
5.2 The significance of implied duties
The most essential implied term is duty of trust and confidence. The honesty and respect for one
another need to be maintained between employee and employer. Under this the employees should not
misuse the priority or resources of employer. The employee need to cooperate with the employee by
assisting them to solve issues regarding the work (Bernstein, Korteweg and Laws, 2017). The
respect should be given to employers by the employees. Yes, it is an expressed terms of employment
contract. In the organisation the issues are solved by both organisation and individuals
The organisation can enhance the open communication by keeping the policy up to date and fair.
The employee on the other hand can follow the procedure of the grievance if any problem arises and
they can also cooperate with the employer.
5.3 The principles of law on freedom of association
It is the right that is given to workers to join freely the organisations of workers such as trade
unions and worker councils in order to encourage and defence the interests of occupation. For the
purpose of collective action it is the right that is given to employees to gather together to form a formal or
informal groups (Doleac and Hansen, 2016). The right is given to workers to elect their own
representatives. This law have been protected by human right act which are the basic rights that are
given to every human on this planet. The core principles are dignity,fairness,respect and autonomy. The
article 11 of human rights act protects the right of assembly and association by giving the right to
employees to form or participate in trade union. No restrictions will be placed on these rights that are
given to employees.
The employment rights include that the no harassment and discrimination should take place at
workplace. The safe and secured work-environment should be given to employees. The fair wages should
be given right for fair wages for their work (Ball,Leigh and Loungani , 2017. ). All these are the

rights of employees if they are not followed at organisation then, the employee can take serious action
against the organisation can claim this matter at judiciary level.
6.1 The main requirements of unfair dismissal law
The five reason for dismissal in workplace can be
Conduct – This may include dishonesty, indulge in fight, taking leave without informing and breaking the
rules of contract.
Capabilities and performance- Due to lack of skills and talent the employees is dismissed. The inability to
do the job is also included in this dismissal.
Redundancy- This may take place due to change in location or shutting don of business, the employees
are dismissed.
Breach of statutory restriction- This isn't used much as the right to bypass any dismal is not given by
statutory illegality.
Other substantial reasons - The refusal by client work with an employees and this can lead to dismissal
as there is no other work tat can be given to employees (Ash and Cheesman,2016).
In the given case the dismissal can be done on the grounds of conduct as the employee have been
indulging in the things that is not right as per the contract.
The capability and performance of employees can be enhanced by providing them proper training,
assisting and guiding them at regular intervals.
6.2 The scope of right for employees
In the given in order to dismiss the employee from the work all these step need to be followed which are
as follows-:
1. The invitation need to be send to the employee by the employer for the disciplinary meeting
(Agan, 2017).
2. A right is given to employees to bring a Representative such as trade union or colleague along in
the meeting.
3. The opportunity should be given to employee to respond fully to the complaints
4. A bias free hearing will be given to employee with no- pre determining of outcome.
5. The imposition of nay penalty is the response to the issue or alleged wrongdoing.
6. The right is given to employees to appeal a decision to terminate the employment.
CONCLUSION
Thus summing up the above report it can be concluded, that employment laws are important in order to
provide protection and security to employees at workplace. The tribunals and court system play a
important role in solving disputes related to workplace. In recruiting process ,the contract that are
established mainly contain element such offer, acceptance etc. With flexibility cause in the contract the

changes in the contract can be made. The statutory rights such fix pay, working hours are regulated for
the benefit of employees. The conduct, performance and redundancy can be the elements responsible for
the dismissal of employees at workplace.

REFERENCES
Books and journals
Agan, A., 2017. Increasing Employment of People with Records. Criminology & Public
Policy. 16(1), pp.177-185.
Ash, A. and Cheesman, E., 2016. Employment: Post-employment restraint after
repudiation of an employment contract. LSJ: Law Society of NSW Journal. (21), p.76.
Ball, L., Leigh, D. and Loungani, P., 2017. Okun's Law: Fit at 50?. Journal of Money,
Credit and Banking. 49(7), pp.1413-1441.
Bernstein, S., Korteweg, A. and Laws, K., 2017. Attracting Early‐Stage Investors:
Evidence from a Randomized Field Experiment. The Journal of Finance. 72(2), pp.509-
538.
Doleac, J.L. and Hansen, B., 2016. Does “ban the box” help or hurt low-skilled workers?
Statistical discrimination and employment outcomes when criminal histories are
hidden (No. w22469). National Bureau of Economic Research.
Larson, L.K., 2016. Social Insurance Programs. Larson on Employment Discrimination.
10.
Lobel, O., 2017. The Gig Economy & The Future of Employment and Labor Law. USFL
Rev.51, p.51.
McDonald, P. and Thompson, P., 2016. Social media (tion) and the reshaping of
public/private boundaries in employment relations. International Journal of Management
Reviews. 18(1), pp.69-84.
O’Leary, L., 2017. Introduction. In Employment and Labour Relations Law in the
Premier League, NBA and International Rugby Union (pp. 1-18). TMC Asser Press.
Paolella, L. and Durand, R., 2016. Category spanning, evaluation, and performance:
Revised theory and test on the corporate law market. Academy of Management Journal.
59(1), pp.330-351.
Sappideen, C., O'Grady, P. and Riley, J., 2016. Macken's Law of Employment.
Schipani, C.A., Milliken, F.J. and Dworkin, T.M., 2017. The Impact of Employment Law
and Practices on Society: The Significance of Worker Voice.

Sprack, J., 2016. David Cabrelli, Employment Law in Context.
Online
Changing or varying a contract. 2017. [PDF] Available through:
<http://www.acas.org.uk/index.aspx?articleid=3971/>. [Accessed on 30th September
2017].
Redundancy: your rights 2017. [Online] Available through:
<https://www.gov.uk/redundant-your-rights/being-selected-for-redundancy/>. [Accessed
on 30th September 2017].
How to implement equal pay. 2017. [Online] Available through:
<https://www.equalityhumanrights.com/en/advice-and-guidance/how-implement-equal-
pay/>. [Accessed on 30th September 2017].
Greggs . 2017. [Online] Available through: <https://www.greggs.co.uk//>. [Accessed on
30th September 2017].