Employment Law: Role of Tribunal and Court in Enforcing it

This assignment provides an overview of employment law and the role of tribunal and court in enforcing it. It covers discrimination laws, including key principles and relevant case studies. It also discusses the major functions of sub-contractors and summarizes changes in contracts. Additionally, it explores the importance of health and safety laws and addresses the topic of unfair dismissal.

EMPLOYMENT LAW
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
QUESSTION 1................................................................................................................................3
Explain employment law in brief and role of tribunal, court in enforcing it..............................3
QUESTION 2..................................................................................................................................4
Develop a training session outline key point of principals of discrimination law and also give
cases regarding it.........................................................................................................................4
QUESTION 3..................................................................................................................................7
Explain major functions of sub-contractor and summarising of changes in contarct..................7
QUESTION 4..................................................................................................................................8
Key issues that is required to taken into consideration in relation to pay, leave and working...8
QUESTION 5..................................................................................................................................9
Health and safety law and its significance...................................................................................9
QUESTION 6..................................................................................................................................9
Unfair Dismissal..........................................................................................................................9
Procedure for Dismissal.............................................................................................................10
Explain the scope of the right for employees to be accompanied at serious discipline and
grievance hearings.....................................................................................................................10
Grievance related issues............................................................................................................10
Discipline related issues............................................................................................................11
Grievance procedures are needed:.............................................................................................11
Disciplinary procedures are needed...........................................................................................11
CONCLUSION..............................................................................................................................13
REFRENCES.................................................................................................................................14

INTRODUCTION
Employment laws are those type of laws which are related to welfare of employee. Such laws
deal with relationship which exists between employer and employee. Also these laws are also
responsible for covering all kind of aspects that is necessary in relation to both employer and
employee. These laws consists of health and safety of employees, there payment rule, also cover
special provision that has to be implemented under certain circumstances only. In this law right
and duty of employee is covered. Employer responsibility is covered. Nature of such laws is very
dynamic as they cover all aspect related to employee. Scope of such laws is wide as they include
a tripartite kind of relationship which exists between employer and employee. This assignment is
divided into six parts in which first part is going to cover employment law, work of tribunal and
relevant case laws. Second and third part is going to cover discrimination laws, employment
contract and redundancy. Also transfer if undertaking and variation of contract. Fourth and fifth
consist of equal pay and issues related to it. Also health and safety act is going to be covered
with trade union membership. In the end unfair dismissal is going to cover.
MAIN BODY
QUESSTION 1
Explain employment law in brief and role of tribunal, court in enforcing it.
Overview of employment law
All rules and regulation regarding employment law has been practicing in UK from a very long
time . Scope of employment law in UK has cover various types of aspects of an organization.
Under the English employment law there are number of provisions in which an employer and
employee as well. Such law is aimed towards various types of fundamental rights of both
employer and employee. This provide certain guidelines for an organization to run itself. From
view point of employees the law is also aimed for protecting of various rights of employees these
are related to salary and remuneration, holidays time period and time off. Also working hours
and working environment has been presented under terms and condition of these laws. Labour or
employment law of United Kingdom is regarded as one of the oldest law in a country. A number
of amendments have taken place over a period of time. Modern labour law that is being applied
in the country in present time has its roots connected at the time of industrial revolution that has
taken place in UK in the nineteenth century. At that time it was required for maintaining of
healthy relationships between employer and employee. So, for this purpose a legal provision has
to be made in order to protect the fundamental rights of labour. In twentieth century the form of
labour law has changed significantly. In modern scenario English employment law has been
mixed with various kinds of laws like Employment Rights 1996, Equality Act 2010. Also Trade

Union and Labour Relations(Consolation) act 1992 has been enforced by European Court of
Justice and European Court of Human Rights ( Contracts of employment, 2010) (Galvin, 2017).
Tribunals and Court System
As it has been noted that most of employment law is related to civil law. For civil law also
separate laws are there in which dealing of civil law. Dispute regarding employment law is
referred to Employment Tribunals. These tribunals are informal then higher courts but are
considered as courts only. Appeal can be made over Employment tribunal only when it can be
proved that judgment given by tribunal is not appropriate in any manner. Then the appeal is send
to employment tribunal and after words it goes to Court appeal, then to Supreme Court. These
tribunal was created by the Industrial Training Act 1964.
Settling of cases
An solution has not been found out for a claim through Early Conciliation Scheme then only
individual can go ahead for making claim and appeal for it in Employment Tribunal. Once it is
done then both the parties is being consulted for an settlement to be done between them. In this
manner the case is going to continue unless any solution has been marked. If claims has not
been made successfully then hearing is going to go on.
QUESTION 2
Develop a training session outline key point of principals of discrimination law and also give
cases regarding it.
Contract of employment
It is one of the major aspect regarding the recruitment process as it helps an employee in
becoming an permanent employee in an organization. This is considered to be an very important
aspect of recruitment process due to its legality under eyes of law. It is an legal document as has
scope under the law like all other contract. Such laws only require for an employer to provide a
written agreement for making an employee work for an organization. Under this agreement all
important things regarding rule and regulation of workplace is mentioned under this contract.
Also consequences of breaking rules is going to be explained under this contract. An important
things that has to be understand that verbal agreement is also be an contract of employment.
During the process of recruitment an verbal commitment should not be made by an employer
other than mentioned in contract because they are legally binding. Also it is required to
understand that all such type of contract are only related to employer and employee. These
contract are given to an employee within two month of recruitment in an organization.
Express and Implied Term
Under expressed terms all the things regarding contract has been discussed by the employer and
employee in this specific thing regarding salary, timings can be discussed. In a manner this

means discussion of a specific thing before coming into contract. In expressed term various
sources are there. That has been discussed by the employer and employee but are considered to
be part of contract of employment. These can be both written and agreed but are considered to be
part of the contract. Both these are different kinds of elements present in an employment
contract(Furner, 2018).
Direct and Indirect discrimination
Direct discrimination happens when some has been treated in inferiorly than another person.
Such kind of discrimination can be done under one condition when someone is treated less a
favorable due to protected characteristics. Such kind of discrimination is done on the basis of age
and can be seen as an aim of achieving of an legitimate goal. This can be better understood
through this case law Amnesty International v Ahmed. In this case Ahmed was working in Amnesty
International and working as a campaigner over an issue to Sudan. Vacancy was there for the position of
Researcher. Then she was shortlisted for the post but the company decided not tom appoint her, as they
were concern about the negative impact that could be faced by her like ill treatment or violence. Amnesty
International argued that this would have lead to breach of Health and safety at work. It was founded by
the court that Amnesty International has made decision about Ahmed. Though the intension was good
but there has been direct discrimination. .
Indirect discrimination under this it can be better understand through nine protected
characteristics. In order to make any kind of claim within an discrimination should be related to
nine characteristics. If any of the nine characteristics is not there then no claim cannot be made.
Changes made by the Equality Act 2010
The Act has been commended for the changes it brought to discrimination legislation in the UK.
Since, the Act is mostly a conglomeration of all the previous law on discrimination, it has not
brought about many massive changes.] Rather, the Act has aimed to build on previous law and
fill in the identified gaps. Apart from adopting a more unitary and integrated perspective of
equality law, the Act has done much to clarify definitions under the previous legislation. In
particular, definitions of discrimination, victimisation and harassment
The Act, furthermore, brought in more protected characteristics than previous legislation,
thereby, widening the circumstances under which positive action by the authorities must be
taken. Previously, there were only three protected characteristics. Alongside the introduction of
new protected characteristics, the Act provides further protection of those characteristics by
providing for the legal recognition of indirect discrimination under s19 of the Act. Indirect
discrimination made way for further expansion of equality legislation in the UK by focusing on
discriminatory practices which are deeply embedded in the workplace and the employment
sector, rather than focusing on policies. Furthermore, indirect discrimination is being applied, for
the first time to disability and gender reassignment (Duff, 2017).
In order to protect these characteristics, an integral way in which the law has developed is by
introducing public sector duties. Contained within s149 of the Act, the public sector equality

duty would replace the requirements of race, gender and disability duties. Public sector duties
promote positive action in relation to protected characteristic as opposed to the prohibiting of
discriminatory acts relating to those characteristics. Public sector bodies have an obligation to
protect individuals from discriminatory treatment by having “due regard to the need to eliminate
unlawful discrimination, to promote equality of opportunity and to foster good relations between
different groups.” Having due regard means consciously appreciating and acting to fulfil the
three aims under the Act as a part of the workplace’s decision making process.] The public
bodies, moreover, have the duty to publish information relating to the policies and practices in
their organisation which could have an effect on equality of the employees. The new Act hold
public bodies accountable for their actions and ensures good decision making by public
authorities. The coverage or ambit of the Act, therefore, is increased.
Occupational Requirement
These are those types of requirement which is related to nine characteristics which has been
explained under equity act 2010 and they are being explained as follows
Age in this the discrimination on the basis of age has been stopped. It is not considered as an
lawful act to discriminate some one on the basis that they are old or young. This was banned in
theb year 2006 when mandatory retirement of 65 years was announced. This was applied on the
basis that old person can not work for long.
Race this has been defined as that kind of discrimination that ahs originated from color,
nationality. In past times some groups were there that use to be defined in terms of race. In
modern scenario these types of activities are being banned and no racism is done.
Religion this means that no one should be discriminated on the basis of religion which means
that a person or an individual is not allowed to be discriminated on the basis of various kinds of
religion exist in the world. As humanity comes first under the Equity act 2010 this ha been
covered as per philosophical view (De Stefano, 2016).
Disability This means that no person should be discriminated on the basis of any kind of
disability thatis in him. As per the act it has been defined as physical or mental impairment that
has substantial and long-term adverse effect on a life of a person can carry day to day activities.
Marital status this means that a person cannot be treated or discriminated on the basis that he is
married or not. This does not means that person who are married are allowed to work and all
others hjaving common relationship or are single cannot work at any place. These kind of
discrimination has been banned under the act
Maternity under this no discrimination should be done upon a women who is pregnant or not.
Also regarding health status certain leaves are being granted to them under employment law.

Sexual orientation this means that a person cannot be treated or discriminated upon the basis of
sexuality which means that whether they homosexual, bisexual or heterosexual. They has right to
work and live equally in society.
Gender reassignment in this an individual cannot be discriminated on the basis of gender or has
changed his gender cannot be treated as inferior due to this. This has to be applied from start process.
Positive Action
These are those actions which are taken by employees in order to minimize the problem that has
occurred in an organization. No discrimination should be done while taking such kind of action
as its is done to uplift that part of society who has been discriminated in negative manner. This
can be understood through an example that job interview has been taken for the post of manager
and has been applied by lot of candidates in the two employees were left one is man and other is
women. In this case if the company is lacking in strength of women employees. It is not going to
be considered unlawful if women has been selected instead of man (Dau-Schmidt and et. al.,
2017).
QUESTION 3
Explain major functions of sub-contractor and summarising of changes in contarct
Variation of contract
As per these contract of employment various number of situation is there under which an
employer might have to change a contract of employment. This can be understood through thsi
example an employer is willing to extend trading hours and fro this he has to extend the shifts of
the employee. Alternative to this situation can be the employer might want employer to be
moved from working. Under both situation there is going to be a variation in
contarct.Consultation is a really key part of the process of varying a contract of employment.
Without it an organisation will always struggle to argue that the process of variation has been
fair.
Redundancy
Redundancy occurs in three situations when an employee is dismissed due to:
 the actual or intended closure of the whole business
 the actual or intended closure of the business at a particular workplace
 reduction in the need for employees to carry out work of a particular kind (Casebeer, 2017).
Transfer of undertaking
Another area in which many employer has to face is the transfer of undertaking of legislation.
Such legislation addresses that situations in which an employer has to sell or part the business
and has to work for the part sold. In this condition employee transfer to new employer. Main

purpose of TUPE is for the requirement of undertaking and protecting an employee when
transfer has been taking place. This is applicable to continuity of employment in which transfer
from one employee to another and continuity of service is maintained. Terms and conditions of
employment. Under this the employee has to transfer all the terms and condition of employment,
including salary. This can lead to new employer under certain difficulties and employee then
they are paid less. However, it is not possible to simply alter the terms and conditions of
employment, security of employment. An employee cannot be dismissed because of a transfer.
QUESTION 4
Key issues that is required to taken into consideration in relation to pay, leave and working
Equal pay
Pay has always been an issue that has to be faced by an organization on continuous basis it is
considered to an key part of relationship. This is very important from legal and fairness
perspective which pay and manage effectively within in an organization. This is considered to be
an key part of the law that has been relating to pay. Under Equality Act of 2010. This has been
introduce to make unlawful to pay both men and women separately. Payment to be done under
any kind of discrimination has been banned by this act
Work Time Regulation Act 1998
The working Time Regulations 1998 were introduced to implement the Working Time Directive
and came into force from 1st October 1998. The Labor Government introduced them as the
previous Conservative Government was strongly against the Directive. Therefore, they were
implemented two years after the deadline had passed. This essay will aim to discuss how the
Regulations protect individuals and maintain flexibility for businesses and the issues that arise.
The main provisions are; there is a maximum 48 hour working week whereby the average has to
be calculated over a seventeen week period (i.e. average must be 48 or below) but workers are
permitted to opt-out. Secondly, night workers must only work 8 hours out of 24 hours (over a
seventeen week period). Adult workers are entitled to one day’s holiday every week and eleven
hours of rest in every 24 hour period. They are also entitled to a 20 minute break for every 6
hours worked. In terms of paid annual leave workers are entitled to 28 days (now 5.6 weeks)
however these holidays cannot be carried over to the next holiday year.

QUESTION 5
Health and safety law and its significance
Health and Safety at work 1974
The Health and Safety at Work Act, 1974, was put in place ultimately to ensure the welfare of all
employers, employees and members of the general public in and around the workplace. The
intentions were to reduce the risk of accidents in the workplace and to eradicate any practice by
the employer that could potentially put one’s health at risk. Penalties were put in place for non-
compliance. Failure to adhere to the legislation can lead to prohibition of certain operations, fines
being imposed and even imprisonment.
Discrimination
It is the process by which a person or an individual has been considered to be out of the human
society on basis of cast, religion, sexuality, age, gender and many other things. These are
considered to unlawful activities and to stop this only laws against discrimination has been
formed. That is mandatory to be followed by employees and individual living in a society.
Trade union membership
Trade union are those type of organization that has been formed by all the members working in
an organization. These are very powerful in a manner that all kinds of problems that are being
faced by employees is taken care by them. Membership of trade union is gained in both
voluntary and in voluntary manner. Means one can become member of trade union with his will
or through peer pressue.
Constructive dismissal
It is that kind of dismissal in which an employer has committed a serious breach of contract,
entitling the employee to resign in response to the employer's conduct. The employee is entitled
to treat him or herself as having been “dismissed”, and the employer's conduct is often referred
to as a “repudiator breach. This means that an employee has been involved in violating rules of
an organization and ahs disturbed working environment (Altieri, Cho and Issa, 2016).
QUESTION 6
Unfair Dismissal
The Employment Rights Act 1996,under section 98(4), outlines the statutory test of fairness. To
assist the understanding of this section the judiciary have adopted two tests; firstly did the
employers choice to dismiss fall with a ‘band of reasonable responses’ as explained in Iceland
Frozen Foods v Jones and secondly whether or not the employer has accepted a fair procedure
proportionate to the employees dismissal. This second test has been the subject of much judicial

torment, not merely with consideration to what comprises fair procedural steps but whether there
is an obligation that they should be precisely adhered to by each employer in each individual
situation. Whilst it should be taken into account that the procedural steps requisite in disciplinary
case might well be at variance from a redundancy situation, it is feasible to recognize four
general principles governing a fair procedure, as stated to by Justice Harman in Byrne v
Kinematograph Renters Soc. These values are ingrained within the ACAS Code of Practice on
Disciplinary and Grievance Procedure 2000, and subsequent to the conclusion in Lock v Cardiff
Rly Co Ltd it was believed that it was an inaccuracy of law to fail to have observation to the
Code.
Procedure for Dismissal
In the new section 98A explain that breach of certain minimum procedural requirements unfair.
Schedule 2 of the 2002 Act and the Dispute Resolution Regulations 2004 provide for both a
standard and a modified disciplinary procedure. The standard procedure applies where the
employer contemplates disciplining or taking relevant disciplinary action against an employee ha
been explained as follows:
 The employer must set out in writing why he is contemplating dismissing or taking
relevant disciplinary action.
 Prior to the disciplinary meeting the employer must inform the employee of the grounds
for taking such action and the employee has to have a reasonable opportunity to consider
his response to this information.
 There must be a disciplinary meeting.
 The employer must inform the employee of his decision and of a right of appeal.
 After any appeal hearing, the employer must inform the employee of his decision.
Explain the scope of the right for employees to be accompanied at serious discipline and
grievance hearings
Grievance related issues
From a practical point of view it is probably easier to list those items that don’t precipitate
grievances than to list the ones that do. Employees may use just about any factor involving
wages hours or condition of employment as the basis of grievance. However, certain grievances

are more serious since they are usually more difficult to settle. Seniority problems including
promotion, transfers and layoffs would top this list, other would include grievance growing out
of job evaluation and work assignment, overtime, vacations, incentive plans and holidays.
Discipline related issues
Discipline means the observance of certain well-defined rules. Without such regulation it is not
possible to maintain humanness. Such regulation contributes to the glory of human existence.
Disciplinary issues are concerned with any infringement of regulations, policies or procedures.
Grievance procedures are needed:
To provide employees with a course of action that they have a complaint (which they are unable
to decide through regular communication with their senior manager).
To provide points of contact and timescales to resolve problems.
To try to resolve problems without alternative to other employment.
Disciplinary procedures are needed
Employees know what is expected from them in terms of standards of performance and the
possible penalties in case of not completing these requirements.
To recognize difficulties to each employee obtaining the required standards such as training
requirements, shortage of clearness of job requirements, additional support and take suitable
action.
As an opening to agree suitable goals and timescales for development in an employee’s
performance or behavior.
To try to solve problems and difficulties without going to an employment tribunal.

CONCLUSION
From the above file it can be concluded that employment laws are those types of laws which
helps an organization to take care of its employees. In this file that first explains about the
employment law and about court system. Then contract of employment has been explained with
various aspects related to it. Further variations in contract have been told with transfer of
undertaking in which protection of employee is seen at the time of his transfer. Then equal pay
has been discussed with work time. Then health and safety measure has been discussed. Then in
the end disciplinary mechanism has been told with whistle blowing.

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