Business Law and Ethics: UK Employment Law and Corporate Social Responsibility
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This essay covers the structure of UK Employment Law and discusses whether it favors employers or employees. It also explores the extent to which corporations take Corporate Social Responsibility seriously.
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Introduction Business law includes all of the legislations which regulates the formation of any business entity in order to ensure the smooth functioning of the commercial activities took place in the business organization. It forms the rules and regulations on the basis of which a particular company needs to be operated. It also covers the licensing policies which is required in trading ofgoods and services in the other countries or cities. Employment laws on the other hand provides certain obligations and rights to the employer as well as the employee. Both are required to fulfill their duties on their parts. In this scenario the employer owes certain obligations towards the employees working in their organization and the same is needed from the employee by comply with their responsibilities they holds towards their employer. Like, the employer must take reasonable care of the rights of the workers and the employees must work according to the demand of the business enterprise besides that no unnecessary demands or mandates areto be followed. Theemployee can access the courts for the same. This essay will cover the structure of Employment Law in the UK. Further the essay will discuss that to what extent the business organizations undertake the accountability for Corporate Social Responsibility. Main Body Discuss the broad structure of UK Employment Law and indicate who you think UK Employment Law favors- either employers or employees. The employment law covers the following aspects, that is, the working hours of the employees, maternity and paternity leaves, equal pay, minimum wages to be provided to the workers, redundancy, contract of employment, unfair dismissal of the employees, discrimination on the basis of caste, race, sex, religion, etc., sexual and mental harassment , etc. It further protects the rights of the employers and the employees working under them. The purpose of the formulation of this law is that it governs the relationship between the employers and the employees so as to provide protection to the business, employees and the employers. It also helps in preventing discrimination inside the business corporations by encouraging the rule of equality among each and every employee. The employment laws safeguards the business units by creating certain guidelines which has to be included in the employment contract. Before joining any organization the employees are required to enter into a contract which explains the terms and conditions of
working in that particular company. For example- number of holidays, rules, notice period, dismissal procedure, salary structure, etc. The contract ensures safety in terms of both employer and the employee. That in case any conflict arise among both the parties, there will be point of clarity to settle the said dispute. There are various laws made under the employment law of the UK. They are, the Employment Relations Act 1999, this law states the legal rightsof the trade union structures in order to get recognition and the right of the employees to take part in the hearings. The Employment Rights Act 1996 covers all the rights of the employees which they are entitled to enforce in the court whenever required. Like, unfair dismissal, unlawful treatment, inequality in terms of salary payment, redundancy,etc. The Maternity and Parental Leave etc. Regulations 1999 covers the rights of the new parents in order to take leave to handle the day to day chores of the new born baby. The National Minimum Wage Act 1998 talks about the rights of the employees as well as the daily wage workers to get paid by the minimum wages. The employees who crossed the age of 23 are entitled to get the National Living wage. The Equality Act 2010, restricts the employer and the other employees not to discriminate any of the fellow employee on the basis of the set nine protected characteristics, such as gender, race, religion, disability, sexual orientation, etc. The Health and Safety at Work Act 1974 which establish a safe and healthy working environment to the employees. The Part Time Workers Regulations 2000, this particular act settles the state of the part time workers including the freelancers, agency workers that they are entitled to receive the fair treatment in terms of equality on the same footing of the full time employees. Generally the main aim of the employment law is to bring a transparency in the functioning of the business corporations. Both the employer and the employee need to maintain the fairness in carrying on the different business relations and functions. For example- the employees are need to maintain the secrecy of the organization by not providing any source of information to any other business unit. The same thing is expected from the side of the employer in order to maintain a relationship based on mutual trust by not providing the personal details of their employees to any outsider. The employment law do not favor either of the parties. It is solely created to regulate the various business relations and the activities takes place in the country. It ensuresthe stability in the relationships of the employer and the employees. It also provides with certain regulations upon which the corporation is required to carry their administrative operations and business functions. It also provides full safety measures to the employees and the
workers working in any of the business entities. The employer owns duty of care towards the employees. There are different courts established in the UK only to hear the disputes related to the employment matters namely, the Employment Tribunals and for any of the further appeals, the Employment appeal Tribunals are being formed. Discuss the extent to which corporation take CSR seriously The companies focus is increasingly growing up on social responsibility, even for protection of environment, attempting to decrease poverty, championing rights for women, on national, local, or global level. The social responsible company project attract shareholders and consumers. The key factor for this are, the social issue which empower to hold these corporate resources to do good, to build a company as brand the social responsibility can become more reliable, to increase morale of employees at workplace the social responsibility program are must this will also affect the profit ratio of the company, those businesses introduce social responsibility will increase attention and loyalty of customer, these companies have the opportunity to stand alone from the market competition because of the positive impact of brand recognition. To attract and retain the customers the social responsible policies come from long ways, for company’s long term success this is essential. Many of the people knows that the company’s profit will be given for social cause and they will pay the premium for betterment of society. If these companies support the local community then the company can witness increase in foot traffic. To increase in engagement of employees the most effective tool is Social responsibility. Those who wants to make difference in the world are being attracted towards these companies. In the large companies the number is there strength and collectively they can attain substantial results, this can increase productivity and morale of the employees. The Social responsibility work makes a stage for companies and the consumers and makes positive effect on the community. Those businesses which implement social responsibility which initiate the line with the value of opportunity to increase loyalty of customers. In order to maintain the Corporate Social Responsibility the companies shows the element of CSR in their memorandum plan but do not execute it further. The reason being that the small and the medium scale enterprises do not left with enough funds or the profits to invest in the CSR sector. They have a very less or a moderate profit margins which use to fluctuate year by year with a great rise and sometimes great falls. If we talk about the large business organizations they
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always delegate the work as well as the powers to their subordinates because it cannot be expected by a single person to manage each and every task of the business organization. They need to appoint various coordinators for the respective departments of the corporation. This creates an element of corruption. If the superior authority passes the funds to invest in the Corporate Social Responsibility, the managerial staff use that money to fill their pockets in order to conserve it for their personal use. Some organizations initiates the process of Corporate Social Responsibility in the starting stage of their incorporation so as to acquire maximum benefits in terms of tax rebates. Afterwards they only display the act of investing funds for CSR but in real picture they do not perform the same. Conclusion The essay concludes that the Employment Law provides with the rules and regulations in terms of various statutes which helps in maintaining the balance between the relationship of the employer and the employee by ensuring that they must follow the mandates covered under the legislations. It also answers the question relating to a dilemma that whether the Employment law favors the employer or the employee. The employment law do not favor any of the parties. It renders some obligations on both employer and their workers which are required to be furnished with utmost responsibility. The second issue states that to what extent the corporations take the matter of Corporate Social Responsibility seriously. References Freedland, M. and Dhorajiwala, H., 2019. UK response to new trade Union strategies for new forms of employment.European Labour Law Journal,10(3), pp.281-290. Duddington, J., 2019.Ministers of Religion in UK Civil Law: Obstacles to Employment Status and Potential Reforms to Achieve a Degree of Employment Protection. The University of Manchester (United Kingdom). McCann, D., 2021. Submission to the UK Government Consultation on Measures to Extend the Ban on Exclusivity Clauses in Contracts of Employment. Collins, H., 2018. Is the contract of employment illiberal?.
Johnstone,S.andDobbins,T.,2021.EmploymentrelationsintheUnited Kingdom.InternationalandComparativeEmploymentRelations:GlobalCrisesand Institutional Responses, p.29. Cabrelli, D., 2022.Employment Law: a Very Short Introduction. Oxford University Press. Nightingale, M., 2021. Part-time employment and the gender gap in low pay for UK employees: what changed over the period 1996–2016?.Community, Work & Family,24(3), pp.272-290.