Aims and Objectives of Employment Regulation

This document provides an overview of the aims and objectives of employment regulation, including fairness, compliance with international obligations, and protection of employees. It explains the role of tribunal and courts in enforcing employment law and how cases can be settled before or during legal procedures. The document also identifies the main principles of discrimination law during recruitment, selection, and employment. Additionally, it explores contract law and explains how contracts of employment are established. Lastly, it describes when and how contracts can be changed lawfully.

5EML
Unit: 5EML

Table of Contents
Legal System...................................................................................................................................4
1. Explain the aims and objectives of employment regulation.....................................................4
Fairness........................................................................................................................................4
Compliance with international obligations..................................................................................4
Protection of employees..............................................................................................................5
2. Describe the role played by the tribunal and courts system in enforcing employment law.....5
3. Explain how cases can be settled before or during formal legal procedures...........................7
Arbitration....................................................................................................................................7
Mediation.....................................................................................................................................7
Conciliation..................................................................................................................................8
Avoiding Discrimination.................................................................................................................8
4. Identify the main principles of discrimination law during recruitment, selection and
employment.....................................................................................................................................8
Contract Law...................................................................................................................................9
5. Explain how contracts of employment are established............................................................9
Offer.............................................................................................................................................9
Acceptance.................................................................................................................................10
Consideration.............................................................................................................................10
Intentions...................................................................................................................................10
6. Describe when and how contracts can be changed lawfully..................................................11
Organisational change...................................................................................................................12
7. Explain the main requirements of redundancy law...................................................................12
8. Explain the main requirements of the law on business transfers...............................................13
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Workers’ rights..............................................................................................................................14
9. Identify the major statutory rights workers have in the fields of pay, leave and working time 14
Working time.............................................................................................................................14
Leaves........................................................................................................................................15
Pay.............................................................................................................................................15
10. Explain the major requirements of equal pay law...................................................................15
11. Explain major maternity, paternity and other family-friendly employment rights.................16
12. Identify the major requirements of health and safety law.......................................................17
13. Explain the significance of implied duties as regards the management of employees at work
.......................................................................................................................................................18
14. Explain the principles of the law on freedom of association...................................................19
Dismissal........................................................................................................................................20
15. Explain the main requirements of unfair dismissal law in respect of capability and
misconduct issues..........................................................................................................................20
16. Explain the scope of the right for employees to be accompanied at serious discipline and
grievance hearings.........................................................................................................................21
References......................................................................................................................................23
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Legal System
1.1 Explain the aims and objectives of employment regulation
Fairness
The aim of employment regulation is to ensure fairness and equality across the organisations.
The reason for enacting different regulations in employment law is to provide blueprint guidance
to employers regarding following fair procedures in their conduct towards employees (Ebzeeva,
2020). For instance, the employment regulations determine the fair policies regarding
compensation and minimum wage rates. These regulations also direct employers to provide
equal employment opportunities to everyone regardless of their age, gender, sexuality, race,
colour and faith etc. Thus, these regulations determine a benchmark which organisations must
follow to become fair and just (Plickert and Sterling, 2017). The regulations ensure fairness in
recruitment, rewards, employment opportunities and conflict resolution.
Compliance with international obligations
The national or UK employment regulation are also levied and formulated in due compliance
with international laws i.e. EU obligations. The international labour standards act as a
preliminary tool for policy and lawmakers to draft laws that are in line with international
obligations (Blessing, 2014). For instance, the Human Rights Convention and employment law
of the EU guide the UK law. The employee safety, anti-child labour regulations, provision of
health benefits, protecting human rights of employees are some of the international standards
with which the UK must conform to. Thus, one of the objectives of employment law is to
comply with international labour standards relating to workplace and employer-employee
relations (Ebzeeva, 2020).
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Protection of employees
Primarily, laws are enacted to ensure order in society and prevent any criminal activities that
violate human rights. Similarly, the purpose of employment law and regulation is to protect
employees’ freedom and rights. The employment laws contain regulations and legislation that
address the rights of employees such as the equitable salary, minimum wage, right to paid leaves,
maternity leaves, notice before termination, provision of a healthy and safe work environment
etc. Several legislations have been devised in this regard such as the 1998 Act of National
Minimum Wage, 1996 Act of Employment Rights etc. (Subramanian and Megginson, 2012).
1.2 Describe the role played by the tribunal and courts system in enforcing employment
law
Employment tribunals play an instrumental role in resolving employment conflicts in a quick,
informal, and cost-effective manner. Employment tribunals handle the claims and disputes
between employees and employers. The employee may claim unfair treatment or dismissal,
discrimination, wage deduction or unequal pay (Brill, 2018). Many employees prefer being
represented in tribunals. The process of the employment tribunal is as follows:
 Before making a claim, the claimant engages with ACAS for early conciliation process for
settlement for a month
 Claimant fills the form if conciliation is not achieved and it is sent to the respondent
 The respondent fills the response form within 28 days
 The tribunal may reject a claim if the information is not complete or the form is not sensibly
drafted to be responded
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 Case management order is issued if there are not issues
 Preliminary hearings take place
 Claimant prepares a schedule of losses
 The relevant documents are disclosed
 Written witness statements are prepared
 The final hearing takes place chaired by the judge followed by a judgment
 If the claimant or other party is unsatisfied, they can appeal to the tribunal
Either party can appeal for a retrial or reconsideration to the tribunal if they are unsatisfied
(Sourdin, 2016). The tribunal is responsible for decisions and managing appeals in case an error
has occurred due to any of the following reasons:
 The decision is discriminatory to one party
 The law is not implemented properly
 The law is not acquired correctly
 The evidence is not sufficient or available to support decision
 The process has not been properly complied with
As a result, the court of appeal overrules all the other courts. The purpose of this court is to
handle appeals by reconsidering and rehearing the appeal. However, the court judges the case
based on the report of the trial and the judges’ notes. In case, the party is unsatisfied with the
court of appeal’s decision, the decision is taken to the Supreme Court (Subramanian and
Megginson, 2012). The decision of the Supreme Court (SC) is the final decision on the case.
The SC is the final court and plays an important role in ensuring compliance with employment
regulations. However, SC only reviews a case after it has been sufficiently conducted in minor
court. The case is heard from the court of appeal for a final decision (Sourdin, 2016).
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1.3 Explain how cases can be settled before or during formal legal procedures
There are alternative dispute resolution (ADR) methods to resolve conflicts and cases legally
(Brett, 2015). The methods of ADR include mediation, arbitration and conciliation described
below:
Arbitration
It is the formal method of ADR in that the decision is not in the hands of the parties involved in a
dispute. However, is less formal than court and trial. The arbitrator hears evidence and
arguments from both sides and makes a decision. Arbitration could be either non-binding or
binding in that the former means the parties may request trial whereas the latter indicates that the
parties have waived the trial right and agree to accept the decision of arbitrator (Brett, 2015).
Mediation
Mediation is less formal than arbitration as the control resides with the parties involved. A
mediator who is impartial conducts mediation to help assist the parties in reaching a middle
ground. The discussion and final agreement are controlled by the parties. The mediator listens to
both sides of the story and issues and offers a solution (Bishop, 2014). Mediation is useful when
parties wish to protect a relationship such as between family members1, business partners or
neighbours.
Conciliation
In conciliation, the dispute is resolved by a third party i.e. conciliator. It is a voluntary process
and the proposal given by the conciliator is not binding as compared to arbitration. Conciliation
does not require going through the litigation process. It is a more amicable and friendly method
of resolving disputes. Although conciliation and mediation seem similar, the role of conciliator is
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more direct as compared to a mediator who mainly listens and assists in reaching a solution. A
conciliator advises regarding settlement (Brett, 2015).
Avoiding Discrimination
2.1 Identify the main principles of discrimination law during recruitment, selection and
employment
The principles of discrimination are governed by the 2010 Equality Act which protects the
characteristics of people such as sexuality, race, age, gender, faith, pregnancy, disability, and
marital status. This law also directs employers to ensure equality in recruitment, selection and
employment (Rohsangheon, 2013).
For example, the advertisement for the job should not directly or indirectly discriminate against
one social group. Any job which could be held by both and female should not discriminate
against women. Thus, equality law directs employers to ensure equality and merit in recruitment
(Kulow, 2012).
Similarly, at the time of selection, the employer is directed to avoid personal biases. The
interviewer bias and stereotypes with a certain social group are prevented through the equality
act. At the time of selection, an employer is expected to judge a candidate based on the
qualification and performance in the interview; not based on their age, gender or race
(Rohsangheon, 2013).
Finally, equality law also signifies that employers should ensure equality during employment.
The benefits, growth opportunities and welfare and wellbeing of employees should be prioritised.
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The law protects employee rights and freedom. Disability discrimination should be avoided in
the workplace (Kulow, 2012).
Four types of discrimination include victimisation, direct discrimination, harassment, and
indirect discrimination. Direct discrimination involves discriminating against someone because
of the protected characteristics, being associated with someone who has protected characteristics
and perception of someone that a person has protected characteristics (Rohsangheon, 2013). On
the other hand, indirect discrimination takes place when a policy puts one group at disadvantage
due to their protected characteristics (Kulow, 2012). The policy work arrangement, an
organisational rule or practice etc.
Contract Law
2.2 Explain how contracts of employment are established
A contract is a binding agreement between two parties i.e. employment contract is a binding
agreement between employee and employer. This agreement entails the duties and rights of both
parties such as schedule, wages, employment period, benefits, communications, confidentiality,
and general responsibilities (Masui, 2013). The four elements of the contract are given below:
Offer
Offer is a promise which is first made and without an offer, there will not be a contract. This
element is necessary to assure that the contract is legally acceptable or valid. In the employment
contract, offer is the declaration to an employee to come into a contract with the employer. The
offer should be complete and particular to qualify for acceptance (ADA, 2018).
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Acceptance
After the offer is made, and acceptance is necessary to make the contract legally binding. The
other party must accept the offer orally and in writing. The employee must accept the offer made
by the employer unambiguously and clearly (Masui, 2013).
Consideration
Consideration is the value that is given in return for entering a contract. Thus, for a party to
accept and enter into an agreement, they must receive something valuable in exchange. In the
employment contract, consideration is the salary and other benefits and terms that make the
contract valid (ADA, 2018).
Intentions
The intention is an important element of the employment contract. It refers to intentions to
develop legal relationships by both parties in the employment (ADA, 2018).
Additionally, there are express and implied terms in a contract. Express terms are explicit
conditions and terms that are written in the contract such as salary or wage, job title, starting
date, working hours, leaves, pensions etc. All these terms are expressed in the document (Masui,
2013). On the other hand, the implied terms are implied regardless of whether these are written
down or not. For instance, the duty of fidelity, duty to establish confidence and trust, duty to pay
and take care of health and safety of employees and reasonable care in furnishing reference
(Masui, 2013).
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3.1 Describe when and how contracts can be changed lawfully
Contracts can be changed and modified for many reasons and at many times, for instance to
extend the contract, to modify the time period, to alter the quantity items, and to either add or
subtract any goods or clauses within the contract. Additionally, contracts can also be changed
because of any legal requirements or the court might order it to be modified because of certain
situations (Burkevics, 2019).
In a contract, flexibility clauses are express terms that allow employees to make changes to the
terms and conditions of the employee. They can be particular like dealing with described issues
such as working time or can be utilized more commonly to alter or modify a contract in a manner
that an employer might not have thought of. Flexibility clauses are one of the key aspects of a
contract, the Employment Appeal Tribunal (EAT) demonstrated how useful such clauses can be
in practice and when businesses can depend on them to make changes without agreement from
workers. However, even the flexibility clauses are present for making any changes within the
contract, the employer still needs to consult with the employees before making any variations or
alterations to employee terms and conditions, employers should act reasonably in doing so and
maintain the discretion in a manner that will not breach the implicit term of confidence and
mutual trust amid the employees and the employer (Employment contracts, 2018).
Contracts can be changed in through mutual agreement and consent if the flexibility clause is
absent. This is an ideal way of making changes to a contract. Both the employee and employer
can mutually agree on the changes that need to be made and proceed with them in the contract.
Variations can be made in written or oral forms however written agreements are important to
avoid any issue that might happen later (Burkevics, 2019).
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Organisational change
3.2 Explain the main requirements of redundancy law
Redundancy laws such as the 1992 Act of Trade Union and Labour Relations Consolidations and
the 1996 Act of Employment Rights govern redundancy law. The redundancy law states that an
employee has the right to be informed 12 weeks before redundancy given that he or she has been
employed for more than 12 years; one week’s notice if the employee has worked between 1
month to 2 years and one week’s notice for each year given that the employee has worked
between 2 to 12 years (Wickham-Jones, 2016).
The 1992 Act of Trade Union and Labour Relations aims to consolidate the statutes and
regulations relating to collective employment relations such as between trade unions, industrial
action and relations and employer’s association. This law directs employers regarding
redundancy by stating that employees should be collectively consulted prior to being made
redundant given that the employer is aiming to make over 20 employees redundant (Wickham-
Jones, 2016).
Similarly, the 1996 Act of Employment Rights guides employers regarding redundancy in that
the reason for redundancy should be attributable to the needs of the business and the fact that the
place where the employee is working has ceased to exist or diminished (A collective bargaining
act, 2020). In any case, employers should comply with a fair redundancy process as follows:
 Consulting with the employee before making the decision because it is the right of an
employee to be informed and receive a notice. Under the 1992 act, collective consultation is
necessary for that union is consulted when over 20 employees are being redundant.
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 The selection criteria should be fair and based on skill, disciplinary record, experience, and
knowledge of the employees.
 The employee receives redundancy pay and must be notified. The formula used to calculate
redundancy pay is based on longevity of work experience, week’s pay, and age.
 The employer should find alternative options for the employee. However, it is not customary
or unfair (Cornock, 2010).
3.3 Explain the main requirements of the law on business transfers
The Transfer of Undertakings (Protection of Employment) or TUPE regulations stands for
protecting the rights of employees in the time of a business transferring ownership to another
employee. The changes in the business impact the employees. The law protects employees
during the process (Fathoni, 2018).
The first regulation was passed in 1981 but it has been amended in 2006. TUPE applies to every
organization. It affects employers who transfer or become transferee. With the transfer of
business, the terms and conditions differ for employees. TUPE protects employees by
harmonizing the change transfer process for the employees (McMullen, 2011). The law ensures
that employees are not dismissed, their contract terms are not worsened, and employees are
informed through representatives.
TUPE is applicable in two conditions, when a business is being transferred or when the
provisions relating to service change. Employees have the right to object the transfer, but it leads
to resignation and losing compensation (Fathoni, 2018). Nevertheless, TUPE protects employees
from unfair dismissal. Thus, if they claim that they have been unfairly dismissed, there are legal
consequences for the employer. It is the right of the employees to be informed regarding the
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transfer followed by the explanation regarding economic, social, and legal implications
(McMullen, 2011).
The process for TUPE is divided into four stages as follows:
1. Before committing employees and representatives should be informed
2. Preparation for the transfer should be ensured by identifying who will be transferred
3. During the transfer, the employer should inform and consult with remaining employees and
set clear duties
4. Post transfer, the employer should inform potential redundancies and consult regarding good
practice to boost morale
This process ensures that employees are treated fairly and equally. The employment contracts are
transferred to a new employer. However, pensions are discussed separately. Moreover, if the new
employer dismisses the employees because of lack of skills or capacity then they must decide on
who will bear the cost of dismissal (McMullen, 2011).
Workers’ rights
4.1 Identify the major statutory rights workers have in the fields of pay, leave and
working time
Working time
Working time includes travelling time for work, training, lunches, on-call and working from
home. The 1998 Act of Working Time Regulations is applicable on workers and employees and
gives rights to them to enjoy resting period at work i.e. twenty-minute break in six-hour work;
minimum eleven-hour rest in twenty-four-hour work and a minimum of 24-hour rest in seven
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days (RPCP, 2020). Workers have the right to work for 48 hours in a week and for night shifts
eight hours a night is the working time as per the work nature.
Leave
According to Working Time Regulations, 5.6 weeks paid leave is allowed for full-time
employees yearly. They have the right to receive equivalent one week pay for a week of leave.
The Work and Families Act of 2006 gives rights to mothers and fathers in that women are
entitled to receive 12 months leave and 39 weeks paid leave irrespective of the service duration
(Brill, 2016). Based on Employment Act of 2020, fathers receive paternity leave if their service
duration is 26 weeks and over for the same organization. 56 days leave and 15 weeks’ pay is
received by fathers.
Pay
The Equality Act of 2010 directs employers to provide equal pay and treatment to employees if
the work is similar. Thus, discrimination based on any protected characteristics should be
avoided. The law governs that men and women should receive equal pay for similar work (Dale-
Olsen, 2013). According to the National Minimum Wage Act of 1998, workers are entitled to
receive an hourly wage based on the minimum wage rate set by the government. This, however,
excludes volunteers, self-employed, armed forces, prisoners, and directors of a company.
4.2 Explain the major requirements of equal pay law
The Equality Act of 2010 governs that employees should be treated equally. This law protects
the characteristics of people such as age, gender, faith, sexuality, disability, marital status, and
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pregnancy. Thus, employees have the right to be treated equally. Similarly, the law also sets out
regulations relating to equal pay for women and men (Guth, 2010).
Equal pay includes equal pay, career progression, working hours, terms and conditions, training,
and benefits for both genders. To claim equal pay, the employee must prove that their pay is
unequal using a comparator. A comparator should be suitable and working in the same
workplace or working a similar job. Comparison takes place based on equivalent work, equal
value work or equal work (Guth, 2010). Equal work means the work nature is wholly similar
whereas equivalent is not entirely similar but considered for analytical and non-discriminatory
evaluation of the job. On the other hand, work with an equal value refers to a job which has
similar value (Steele, 2010).
According to equality act 2010, men and women employed in the same profession and
performing equal operations have to receive equal pay until and unless there is an ethical
justification of difference in pain. This legislation makes it compulsory for all the employees to
follow this, any disregards to this policy may lead to termination off employment certificate
which might cause reputational damage. Along with equal pay this legislation also revolves
around non-discriminatory bonuses, performance-related benefits, time rates and allowances,
sick pay and benefits in kind.
The major requirements of this legislation revolve around the following:
1. Both the genders should be doing equal work when it comes to efforts, qualification and
work experience along with operational creditability.
2. Both genders should be equally experienced based on their years of service. The
employees using this approach must use it in good faith.
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3. Both genders should be equally qualified for the merit system criteria which means that
both of them should be able to do to equal operational performance based on the overall
efficiency of their performance.
4. The equal pay legislation quotes on people with same education or training. If any one of
the genders have done an additional course that specializes them in a particular operation then
the pay of the employees might differ.
5. Both genders should be able to work on evenings or weekends, often this factor is there is
in for pay differences. Employers prioritize employees who are winning to provide some extra
hours when it comes to employment operations.
6. Both the genders should be equally efficient in operations, for example in case of a sales
organization, the one who have better sales capabilities will be paid more.
7. This legislation might not be applicable if a singular person has better employee
bargaining power, no matter what the gender is, if a person has this skill, he might be paid more
than the other employees.
In the light of this, any work with equitable nature, value or the same as the work of a
comparator is used to compare pay and equal pay claim. For example, if both men and women
have the same job with the same terms and working conditions but women receive lower pay
then it could be claimed and compared (Guth, 2010). The Equality Law directs employers to
provide equal pay for the same jobs given that the employees have the same experience,
qualification, and skills. Most of the equal pay claims are made by women as the gender pay gap
has been a looming problem in the UK (Steele, 2010).
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If someone has been a victim of this discrimination based on unlawful wage
determination, a complaint can be filed in federal court. the best course of action is to contact an
employment lawyer in order to discuss the options available. The most important thing to
consider is application of State law because all over the globe many states have their own equal
pay laws which are somewhat similar to EPA but have some exceptions when it comes to small
businesses. Therefore, a complaint can be filed after analysis of all these units. Moreover, for the
employers who have committed this unintentionally have to contact employer lawyers as well, in
order to face the case of discriminatory practices in the court.
In accordance to the amendments in in equal pay act, from 2017 any organization with
250 for more employees and found to publish specific report containing all the necessary
information about their gender pay gap. All 2018 all bound to publish the data related to
difference between gender payment in the form of a written statement on their public website.
Employees are bound to report the data to government officials as well using online gender pay
gap reporting services. The penalties regarding failure of submission of these reports on time or
submission of report containing wrong or misleading data mere cert-in court orders and fines.
The organizations with less than 250 employees can also submit this data, even though this is not
compulsory for such organizations but it sends a powerful message and enhances the
organization’s credibility and accountability in the market. The report must be submitted within a
fixed maximum timeline as well, the time frame for submission of report for public sector
organization is 31st March, and for charities and businesses the maximum time frame is 5th
April every year. which means that all the organizations which falls in the category of public
sector have to submit their gender pay gap report by 30th March each year where is all the
organizations that falls in the category of charities and businesses have to submit their report on
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4th April every year. Often organizations calculate the total number of employees, according to
the protocol set by the government people who holds contact of employment with the
organization along with workers who hold the contract to do work or provide services for on
behalf of the organization and all the self-employed people who are personally performing
operations for the organization. The public sector organizations which are bound to publish the
report includes government departments, local authorities, the armed forces, NHS bodies and
most of the schools. Departments are bound to publish their report consisting of data of all of
their employees along with their executive agencies.
4.3 Explain major maternity, paternity, and other family-friendly employment rights
The employment laws also protect the rights of pregnant working women and men who must
look after a child. The Work and Families Act of 2006 protects the rights of working women in
that they cannot be dismissed, treated unequally, or discriminated against (BVA, 2012). Under
this law, the working women are entitled to antenatal care and leave during working hours. The
employer cannot deny the time off and if the employer does refuse then the employee has the
right to claim to an employment tribunal. The law also gives the right to the husband or partner
to take antenatal care which can be taken under 6.5 hours. Additionally, if the work is risky for
pregnant women, a risk assessment should be undertaken (Services, 2010).
The paternity rights have been laid down under the 2002 Employment Act. The employee has
served the same employer for 26 weeks to receive paternity leave. The employee should be
partner, husband of the mother or father of the child with responsibilities for the child’s
upbringing. The paternity pay can be requested 15 weeks before the delivery is expected.
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Furthermore, 2 weeks’ leave can be taken by the employee. The law also entitles employees
adopting a child to take leave (BVA, 2012).
For the maternity leave, the employee must inform 15 weeks before childbirth is expected. This
should be done in writing and the women have right to OML (avail ordinary maternity leave) for
26 weeks in addition to compulsory leave of 4 for factory or workshop workers and 2 weeks for
others. Ordinary maternity leave ensures that the right of benefits is protected apart from normal
pay. AML (additional maternity leave) commences as soon as OML ends which allow the
mother to take 12 months to leave (Services, 2010).
5.1 Identify the major requirements of health and safety law
The UK law has enacted several laws and regulations relating to health and safety of workers at
the workplace. Particularly, the 1974 Act of Health and Safety at Work which encompasses all
the responsibilities of employers towards the employees in terms of ensuring health and safety at
the workplace (Services, 2010). The law also has embedded certain responsibilities of employees
to maintain health and safety at work. In addition to that, the law also directs the manner in
which the policies and guidelines are implemented within organisations as well as a method to
ensure that criminal action is taken against employers failing to provide reasonable care and
safety at the workplace (BVA, 2012).
The 1974 law directs employers to assure health, safety, and employee wellbeing at work as a
rational person would do. The duties and responsibilities of the employer regarding health and
safety of employees consist of the provision of appropriate equipment and safe plant and
machinery, safe work premises, competent colleagues, safe systems etc. (Cowley, 2015). Thus,
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the employers are required to ensure the safe provision of workspace, equipment, machinery, and
other supplies which is reasonable and pragmatic. The health and welfare of employees should
be maintained by the employer.
In addition to that, the law also expects the employees to comply with safety policies and
procedures set out by the employer. While the responsibility of the employer is to provide and
communicate clear guidelines regarding safety and risk assessment, the responsibility of
employees is to comply with those policies and encourage peers to follow suit (Cowley, 2015).
Employees should pay heed to the health and safety measures and avoid harming themselves or
peers. Their actions must not impact others or them detrimentally.
The law implies that all the case laws and statutes have set out thorough regulations regarding
safety and health provision. Employers can take actions and initiatives to protect employee
wellbeing and welfare along with physical checks, risk assessments and engaging employees
ensuring compliance across the workplace (Services, 2010).
5.2 Explain the significance of implied duties as regards the management of employees at
work.
The obligation of confidence and trust encompasses the notion of dealing justly on the
employer’s behalf. Every contract of employment has an implied obligation that both the
employer and the employee alike will not act to breach the obligation of mutual trust and
confidence between both parties without any reason. For example, raising a grievance or a
complaint and non-examination by the employer can termed as a contract breach in terms of trust
and breach. Moreover, this is also accelerated in terms of the employee and they might decide to
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quit the organisation because of the unsustainable atmosphere to remain in. the worker may
resign and might also submit a constructive dismissal claim (PRASSL, 2015).
For example, if any of the involved parties breach the responsibility of implied trust and
confidence, action can be taken against the breaching party. Ehrn an employee breaches the duty
of confidence and trust, his/her employment contract can be terminated by the employer. To stop
this from happening within trust and confidence, the employer should establish updated and fair
policies and practices which can be constantly implemented to each one of the workers. They
should additionally guarantee fast action against any allegations. They should likewise
communicate explicit policies against bullying. Workers can provide assistance in solving the
issues by being supportive, honest and reliable by adhering to all of the policies and legal and
fair guidelines given by the employer, not adopting behaviours that can cause damage to the
company and by treating all the people respectfully. Constructive dismissal happens when the
worker is made to quit their job without them wanting to quit because of the inadequate conduct
of the employer. In that case, the employee can raise the claim of unjust constructive dismissal
that is if they have been working in that organisation for two or more years (Emmert and Carney,
2017).
5.3 Explain the principles of the law on freedom of association.
The freedom of association makes the employee entitled to get linked with others including the
right of joining other employees as trade union members for safeguarding their rights and
preferences. This law likewise gives safety to it and it is included in the Human Rights Act 1998
in article 11. This provides the right to the people to get together with other people and raise their
voices together in a peaceful manner. There is no limitation regarding the activities of these
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rights, except for national safety or public interest, the safeguarding of the rights of people and
the reticence of crime (Bellace, 2016).
Within the membership of the trade union, the individuals are entitled to join or not to associate
with a trade union, make the choice to remain in or leave the trade union or to be a part of more
than 1 trade union. Organisations are likewise not allowed to give advantage to the employees as
an exchange of leaving the trade union or they are not allowed to threated the workers in terms of
unfair treatment if they decide not to leave the trade union. Additionally, the employer is also
not allowed to emphasize the workers to either leave or join a trade union. If the employee is not
given the services of employment agency or is not hired for the position because of his
membership in a trade union, the employer can file a complaint with respect to an industrial
tribunal (Bavis, 2015).
Dismissal
6.1 Explain the main requirements of unfair dismissal law in respect of capability and
misconduct issues.
Unfair dismissal is completely different from that of wrongful dismissal. Wrongful dismissal
happens when the employer dismisses an employee in breach of the written or oral terms and
conditions of employment contract.
Capability is viewed as when the worker is not able to do their job properly. In terms of the
Employment Rights Act 1996, it is demonstrated with regards to the aptitude, health, skills or
any other physical or mental competence of the worker. In case, the employee is not able to
perform a task that they are responsible for doing, they can be dismissed. Then again,
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misconduct is defined as when the employee would not do what they had been employed to do,
perhaps due to the poor attendance or time management maybe they have not succeeded in
keeping up with a rational administrative instruction (Collins, 2017).
Gross misconduct is termed as a serious behavioural breach, such as theft, intimidating conduct,
alcohol consumption while being on duty and so on. In terms of gross misconduct, the code of
practice of ACAS should be followed. Dismissing an employee without any notice or summary
dismissal should be considered at the time of gross misconduct cases. Under these circumstances
the employer’s conduct is way worse that it ruins the relation amid the employee and the
employee. The most suited approach for managing the capabilities and skills of the employees is
by adhering to the Code of Practice of ACAS regarding the process of discipline and grievance
(Harris, 2019). The workers must be at first given the notice of improvement within the
standards of work for accelerating it to a satisfactory level. This can be accomplished through
training and development, mentoring and coaching, and adequate adjustments in terms of bad
health and performance reviews. The fair reasons on which the employees can be dismissed are
included in the Employment Rights Act of 1996. The fair reasons on which employees can be
dismissed are behaviour, redundancy, capability or qualifications, legislative restrictions,
conduct and some other substantial causes (Davidov and Eshet, 2015).
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6.2 Explain the scope of the right for employees to be accompanied at serious discipline
and grievance hearings.
In terms of grievance and disciplinary procedures the Code of Conduct of ACAS offers the
employee a legal right to be accompanies by a companion. The meeting of disciplinary can cause
the issuance of a formal cautioning, some disciplinary actions can be taken and confirmation of a
warning or other penalising action can also happen. The legal right is to be escorted by the trade
union’s representative, a co-worker, or an official employee of a trade union. The trade union’s
representative who is not employed officially must be licensed by the trade union as a skilled
representative for escorting the employee (Al-Haidar, 2018).
It is obligatory for the employer to agree to this request of being accompanied by a companion
who falls under one of the mentioned categories. On the contrary, the request of statutory
representation during disciplinary meetings in several cases has been made if the competence of
the employee for doing his job in a professional manner is at risk. This request relies upon the
contractual terms of the human rights terms. Additionally, in case the employee has any type of
physical or mental disability and because of which they are not able to apprehend proceeding,
they should be provided a carer to escort or a worker who is not eighteen years old yet should be
allowed as a carer. The accompanying individual should be enabled to address the hearing for
finishing the employee’s case, for answering on the behalf of the worker against or in favour of
any of the views that are being discussed in the gathering and talk about them with the employee
at the time of the hearing (Sonnenstuhl and Trice, 2018).
24

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