Evolution of Employment Law and Essential Ingredients of Contract
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Added on 2023/06/17
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This report covers the evolution of UK employment law since 1970, including the introduction of equal pay, trade union regulations, and the Equality Act 2010. It also discusses the essential ingredients of contract law, including offer, acceptance, consideration, capacity, certainty, and legality.
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Table of content INTRODUCTION...............................................................................................................................3 MAIN BODY.......................................................................................................................................3 CONCLUSION....................................................................................................................................6 REFERENCES....................................................................................................................................6
INTRODUCTION Business law is the important legal regulation which helps how to provide protection to all the organisations and companies to manage their business, agreements and general from working procedure in a proper manner. Company law, contract act, employment law, IPRetc. Assome of the major acts which helps out to provide protection to all the working of organisations in a systematic approach. Employment act helps in protecting the rights of employees in the company. Whereas contract act is the agreement which is being enforceable by law(Hepburn, 2020). This report will cover interview session of a mid-ranking law firm through which there will be a discussion about the UK employment law and its evolution since 1970 and further will also provide the essential ingredients of law of contract. MAIN BODY Evolution of Employment act since 1970 Employment act is the most important legislation which is being made in UK in order to protect the rights of all the workforce in the organisations and companies. In late 1970 there is being seen that there was no clear reformation and description of the laws which are being needed to manage and maintain clear formation of rights of employees. Back in 29 May 1970 for about 50 years ago there was an introduction of equal pay act 1970 by royal assent. That was the most landmark moment as earlier all the employees were being fighting for the equal pay in UK. Their main focus was to remove the gender pay gap and to manage all the unequal pay to be in an equal manner. As there was a major dispute from match girls strike in 1888 where there were seen that about 200 girls along with woman’s went for a strike in order to protest for all the working conditions and their pay scale was less as compare to men. From 1970 there has been seen that major development in the employment contracts and laws were being taken place. The legislation focuses on removing the gender pay gap introduced equality act 2010 through which no discrimination can take place in any of the working areas(Crenshaw, 2020). Since 1970 employment act started to evolve as with the same page for men and women there has been introduction of industrial relations in order to avoid unfair dismissal in 1971. There were also being seen that UK made exist to the European Union in 1972 through which they also maintain the trade union along with the labour relations act 1974 in order to manage the legal status along with the immunity for all the trade unions who usually take the strike actions and contemplation. Later on, there were health and safety act through which
UK government in force regulations to manage the health and safety for the welfare of workers and also sex discrimination act 1975 through which they focused on providing training, education and in an equal manner so that there should not be any kind of discrimination on the basis of marital or sexual status. Employment act has taken further undertakings with general terms and conditions in order to make the employees feel safe and also meant all the acts regarding to payment independent taxation for women and other disability discrimination act 1995(Bobek, Pembroke, and Wickham, 2020).Later on, employmentrightsact1996 wasbeingcodifiedthrough alltheexistinglawswithin individual employment rights. Since then, there was data protection with the work time regulation act and human rights act 1998 were being framed with Europe in convention of human rights. UK government also emphasised on providing the maternity and paternity leave with the gender reassignment and also contracts for the part-time workers. There were several employment bills which were being introduced by the Queens in 2019 and in 2020 currentlytherewerebeingseenmajorimplementationofthreeimportantfeaturesin employment regarding to the cooperation agreements with the information agreements and other future employment terms in relations through which the work and be implemented in proper manner. So, the employment act has taken a major wide expansion for the protection of employees from 1970. Thus, there can be seen that UK government focused on managing all the legislations and to emphasise all the important pieces of the rules which have to be encouraged in order to manage the workplace environment to be better and safe for employees(Aguilar-Gómez, and et. al., 2020).They removed discrimination and promoted training, education, health and hygiene facility, trade unions, leads in all the other unitary and integrated aspects through which harassment, victimisation is can be avoided from the employment areas. They also provided certain rights to the employees in order to take actions for all the illegal activities which ever being taken place in the organisation. Further they also indicated to manage and remove the gender pay gap as bye focusing on developing the strategies through which every person should be treated equal. The endeavour of government is to manage a systematic approach through which no employees can feel discriminated on their working areas. They also impose penalties, fines or all the employers who were against the legal rules and actions which were being amended by the government. There were several tribunals which were being made to hear all the cases and the issues of the employees. Further since 1970 there
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were lot of changes which were being seen in the current scenario which made it quite uplifted and also manage a healthy working environment. Essential Ingredients of Contract Contract lawis an agreement which is being in forcible by law and helps out to manage the obligations and rules in the essential working features of the parties. This is generally an important lawful object which is being needed when two or more parties are intending to create a legal obligation in between them. There are six essential ingredients which are being needed in order to frame a valid contract in UK they are like, offer this is generally an expression given by one party in order to make the willingness regarding the intention to create a binding agreement between them (Griep, and Zacher, 2021).Asofferis an invitation to treat which is being made by one party on the instance of completing a task or making the other party to be divided by the act. The other one isacceptancewhich is generally been given as the unqualified and a final expression of assent which is being given for the offer which was being made by one party. This is generally the agreeing on the offer which is being made by another party within a reasonable time. As acceptance can be in oral or in written manner. Thirdly consideration is an essential and important element of contract without which no valid contract can be framed.Considerationis mainly the sum or the amount which is being decided between the parties in order to complete the contract that is being bind it between them. It is important to decide that surplus consideration or the sum for which the parties are engaged in the contract. It is important for the contract to be supported with the consideration in order to make it in foreseeable. Another important ingredient in this capacitywhich is generally the legal ability of the person to enter in a contract. As all the parties who want to be in an agreement should be legally binding with the relation between them. And they should be capable with a mental and sound mind to perform all the act of the contract and also to understand the agreement which is being made between them.Certainty is it another important legal rule which is generally all the stipulation and the requirements which are being needed in order to perform the contract as with the contracting parties through which the signatures and the sensual formalities are being made (Chen and Tang, 2021). It is important that all the agreements made in the contract should be certain and arrangement meets to be explained in a proper manner with a well-defined and described framework. Lastly it is theintention and legalitywhich is the important framework and ingredient of a contract as it is important for all the parties to have a legal intention to enter into a contract and also to bind and complete the task in a proper manner. No party sue
without any intention can create a contract as they should disclose all the material facts which are being made between the agreement and should also have no mere intention to breach or to illegally harm the other party(Ishak and Asni, 2020). There is being needed that all such agreements which are being made should be in a legal manner with all the positive intentions. Thus, there can be said that contract law in order to be framed in a proper manner need to have all these essential agreements to be fulfilled without which no contract between the parties and no agreements can be enforced legally. CONCLUSION From this above report it is concluded that employment law is being immensely changed from 1970 as there has been seen in the introduction of equal pay in 1970 and after that there were certain regulations and rules regarding to trade union, health and hygiene, equal pay at work, equality act 2010, human rights act 1998, maternity and paternity leave and many more conditions are being applied by the UK government in order to make the employees right to be safer and also to protect them from any kind of discrimination. Furthermore, it is also concluded that contract law needs to have some important essential ingredients that are to be fulfilled in order to maintain a proper legal contract they are like offer, acceptance, certainty, consideration, legal intention and many more. REFERENCES Chen, G. and Tang, L., 2021. Competing for seafaring labour: Social security and agency employment in Chinese shipping.Global Networks. Crenshaw, K.W., 2020. Race, Reform, and Retrenchment: Transformation and legitimation inantidiscrimination law. InTheories of race and racism(pp. 616-627). Routledge. Hepburn, E., 2020. Uncharted waters: The social and equality impacts of Brexit.Scottish Affairs,29(2), pp.141-178. Bobek, A., Pembroke, S. and Wickham, J., 2020. Living in precarious housing: Non-standard employment and housing careers of young professionals in Ireland.Housing Studies, pp.1-24. Griep, Y. and Zacher, H., 2021. Temporal dynamics in organizational psychology. InOxford Research Encyclopedia of Psychology. Aguilar-Gómez, C.R., and et. al., 2020. Differentiated payments for environmental services: A review of the literature.Ecosystem Services,44, p.101131.
Ishak, M.S.I. and Asni, F., 2020. The role of maqasid al-Shariʿah in applying fiqh muamalat into modern Islamic banking in Malaysia.Journal of Islamic Accounting and Business Research.