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Employment Law: Rights and Responsibilities of Employers and Employees

   

Added on  2023-04-19

9 Pages2029 Words247 Views
Business Law
Running head: EMPLOYMENT LAW 0
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Employment Law: Rights and Responsibilities of Employers and Employees_1
EMPLOYMENT LAW 1
Introduction
Every country has certain laws to govern the employment relationship between an employer and
an employee. These laws have their huge significance as the same provide the rights and
responsibility of employer as well as of employee. Different legislations provide different
statutory rights to employers and employees. In the essay presented hereby, the focus will be
made on the rights and responsibility of both the parties of an employment relationship. In
addition to this, the rights of an employee in relation to discrimination and unfair dismissal will
be the center of the argument.
Right and responsibilities
The rights and responsibilities of both of the parties are mainly defined in the employment
contracts developed between them. However, some implied right and duties are there which exist
in every employment relationship. In addition to this, the legislation also provides certain
entitlements and duties, which are further mentioned as hereunder
Rights and Responsibilities of Employees
Under an employment relationship, employees have many rights which mainly includes the right
of an employee to get safe and healthy workplace, the right of limited working hours, the right of
not to be discriminated, right against unfair dismissal and so on (Eoc.org.uk, 2019). In addition
to the rights, employees also have a certain responsibility (Acas.org.uk, 2019). Firstly, it is the
responsibility of all the employee to conduct their work in a fair mode. It means that irrespective
of nature and size of the organization every employee should use fair modes of working. The
duty of care is another responsibility of the employees that they need to perform in favor of their
Employment Law: Rights and Responsibilities of Employers and Employees_2
EMPLOYMENT LAW 2
employer. They are responsible to take care of the safety of themselves and others as well
(Atl.org.uk, 2019). The duty of mutual trust and confidence is another responsibility of an
employee. This duty is an implied duty. It means it is assumed and expected that an employee
will keep the information related to the employer safe and secure, whether the same is mentioned
under an employment contract or not.
Rights and Responsibilities of Employers
Employment contracts and laws do not provide the rights and responsibility, but the same also
prescribe these elements for employers as well. This can be stated that the entitlements of
employees are the duties of employer and vice versa. Employers are liable to provide a safe
workplace to employees and not to use any unfair practices such as discrimination and unfair
dismissal. Further employers have the right to dismiss the employees on fair and reasonable
grounds, for instance, misconduct.
Discrimination
Discrimination is one of the most important aspects of employment legislation. Discrimination is
an activity conducted by the employer where the same treats its different employees in a
different manner based on their sex, cast, creed, or any other factors (Cooper, 2014). Here this is
necessary to mention that discrimination is not a negative or bad act, but the same should not be
unfair. Discrimination seems to be unfair when the bases of the same are not legal and
reasonable (Allardyce.co.za, 2019). In order words, the discrimination should be justified and
there must be proper grounds of the same. Equity Act 2010 identifies nine protected
characteristics based on which an employer cannot make discrimination among two or more
employees. These characteristics are mentioned as hereunder:-
Employment Law: Rights and Responsibilities of Employers and Employees_3

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