Sample Assignment on Employment Law

Added on - 21 Feb 2021

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EMPLOYMENT LAW
Table of ContentsINTRODUCTION.................................................................................................................................31. The aim and objective of employment regulation..............................................................................31.1 The aim and objective of employment regulation........................................................................31.2Role played by tribunal and court system in enforcing employment law......................................4Reaching a settlement agreement:.....................................................................................................52. The recruitment and selection process...............................................................................................52.1 Main principles of discrimination law in recruitment & selection...............................................52.2 Explaining how contracts of employment are established...........................................................63. Organisations changing and developing............................................................................................73.1 How and when contracts can be changed lawfully......................................................................73.2 Main requirements of redundancy law.........................................................................................83.2 Main requirements of business transfer law.................................................................................94. The key rights during employment...................................................................................104.1 Major Statutory rights of workers in the fields of pay, leave and working time........................104.2 Equal pay law and its requirements...........................................................................................114.3 Maternity, paternity and other family friendly employment rights............................................125. Protection to the employees by the Law..........................................................................................125.1 Major requirements of health and safety law.............................................................................125.2 Significance of implied duties as regards the management of employees at workplace.............135.3 The principles of the law on freedom of association..................................................................146. Disciplinary situations relating to capability and conduct................................................................146.1 Explanation of main requirement of unfair dismissal law in relation to capability andmisconduct issues............................................................................................................................146.2 Explaining the scope of right for employees to be accompanied at serious discipline andgrievance hearings...........................................................................................................................15CONCLUSION...................................................................................................................................17REFERENCES....................................................................................................................................18
INTRODUCTIONEmployment law can be described as that field of legislation which is concerned withthe governance of relationship between employee and employer. Every organisation whetherit is private or public, small or large falls within the regulation and governance ofemployment law prevailing in the country. This legislation is created especially for thepurpose of protecting the rights of workers (Mucciarelli, 2017). Mainly, the employment lawsfor the employees covers protection against discrimination, promotion of health and safety atworkplace, establishment of minimum wages for affording basic amenities of life andprevention of disruption in work due to conflicts between management and workers.The present project report is going to highlight the aims and objectives ofemployment law, the role of tribunal and courts in enforcing the employment law, how thecases are settled before the legal system in United Kingdom. It will also cover the recruitmentand selection process in which main laws relating to discrimination in recruitment will behighlighted along with how the contracts of employments are created. Further, the report willcover points such as how and when employment contracts can be changed lawfully, majorrequirements of redundancy law and business transfer laws. Further, it will show statutoryrights of workers in relation to pay, major requirements of health and safety law and forunfair dismissal in relation to misconduct and capability issues.1. The aim and objective of employment regulation1.1 The aim and objective of employment regulation.The employment regulation is defined as set of rules and norms which are established toproject rights of employee/worker. It entirely covers all aspects of employment, whichinclude discrimination,bullying/harassment, discrimination based on caste, religion, sexualityor gender, dismissal and employee grievances, employment contracts, equal pay,minimumwage, working hours and many other terms.Employment regulation play a vital role in preventing discrimination. In England underEquality Act 2010, employees are protected by law against discrimination based on race,color, national origin, religion, sex, anddisability (Söderberg and et.al., 2018).Employees arealso protected from discrimination due to overage, citizenship status, and genetic information.Discrimination can occur in many different forms. If a company refuses to hire someone
because they are over 40 years old, that can be considered as discrimination. If a companyrefuses to promote any person based on caste or race, that can be discrimination. If acompany fires a person because they belong or practice any religion, that is discrimination.Before minimum wage employment laws came into place, it was completely in employershands to determine what an employee was paid. During the Depression, many employerswere paying wages that could not support a working man, let alone his family. The lowwages were the reason the first federal minimum wage was set in 1938. Today, the minimumliving wage in UK is£7.83.1.2Role played by tribunal and court system in enforcing employment law.The procedure for employment law to resolve disputes are initially heard either in theCounty Court, High Court or the Employment Tribunal. Claims that concerns related tobreach of contract, unmeaningful dismissal and applications for injunctions are brought inthe courts. Matter that involves unfair dismissal, any sort of discrimination, unequal pay,deductions from wages and maternity rights, are heard in the Employment Tribunal(Lewis, 2019). In other words, claims involving breach of the common law or contract arebrought in the courts and claims involving a breach of a statute are brought in theEmployment Tribunal. An employee does not have to have worked for their employer forany given length of time before being able to bring a claim for breach of contract. Anysuch claim must be brought within three months of the effective date of termination orwithin three months from the last date on which the employee attended work. It is to benoted that the Employment Tribunal is unable to deal with claims concerning:● personal injury.● it is mandatory for an employer to provide living accommodation for its employee.● term relating to copyright, rights in performances, moral and design rights,registered designs, patents and trademarks.● the breach of a term imposing an obligation of confidence.● the breach of a term which is a covenant in restraint of trade.1.3 Case settlement before and during formal legal procedure.
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