Employment Law: A Comprehensive Guide to Managing Workplace Issues Lawfully

This article provides a comprehensive guide to employment law and regulations, including the aims and objectives of employment regulation, the role of tribunal and court systems in enforcing employment law, principles of discrimination law in recruitment and selection, managing reorganization and changes lawfully, and managing issues relating to pay and working time lawfully. It also covers the requirements of redundancy law, the law on business transfers, and the major requirements of health and safety law.

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Running Head: BUSINESS AND CORPORATION LAW 0
Employment Law
7/12/2018
Student’s Name

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Contents
Question 1........................................................................................................................................2
Aims and Objectives of Employment Regulation 2
Role of the tribunal and courts systems in enforcing 3
Procedure to settle the cases 4
Question 2........................................................................................................................................4
Principles of discrimination law in recruitment, selection and in employment 4
Employment Contracts 6
Question 3: Managing Reorganization and changes lawfully.........................................................7
Changes in Employment Contract 7
Requirements of Redundancy Law 8
Requirements of the Law on Business Transfers 9
Question 4: how to manage issues relating to pay and working time lawfully.............................10
Statutory Rights of Workers 10
Major Requirements of Equal Pay Law 11
Family-Friendly Employment Rights 11
Question 5: Ensuring that staff are treated lawfully when they are at work..................................12
Major Requirements of Health and Safety Law 12
Significance of Implied Duties 13
Principles of The Law On Freedom Of Association 14
Question 6: Managing Performance and Disciplinary Matters Lawfully......................................15
Main requirements of unfair dismissal law 15
Scope of the right for employees to be accompanied 16
References......................................................................................................................................17

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Question 1
Aims and Objectives of Employment Regulation
Employment Regulations are the significant part of Employment Law. Employment Law itself
has it is great significance in an organization. It is important to study here that what were the
requirements behind development of this law. This law has some aims and objectives.
Employees are the valuable asset of every organization. In order to run a business in an efficient
manner, it becomes necessary to consider interest of human resources. This law consist
provisions related to working conditions of employees and describes an idol rules and policies
structure in the concerned area. Lead objectives of Employment Law are to remove the following
issues:-
 Age Discrimination
 Discrimination on the basis of Disability
 Discrimination based on religion, sexuality and gender
 Bullying and harassment at workplace (Taylor and Emir, 2012)
In addition to previously mentioned point, aims of employment law and regulations are to
provide rules on the following topics:-
 Working Hours
 Minimum Wages
 Working environment
 Redundancy
 Parental Leave

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This act focuses to provide an ethical and healthy working environment to employees. It is very
common that in the absence of a law, a practice what business follows does not work in the favor
of employees, so in this context by provide a set of practices in order to ensure interest of
employees is the main objective of employment law and regulations.
Role of the tribunal and courts systems in enforcing
Further, tribunal and courts plays an important role in enforcing employment law. These
authorities ensure that businesses are following the required law in their day-to-day business
practices. Employment Courts and tribunals are the authorities that listen, entertain, and give
decisions related to disputes and claims between employers and employees (Essack, 2018).
Whenever there is any issue related to workplace discrimination, unfair dismissal, redundancy,
or so on comes into knowledge of the court, then courts look after the law and provides the
decisions accordingly. Only creation of a law is not enough until unless there is no authority
exist to ensure the applicability of the same. Role of Employment court and tribunals comes into
light when any non-compliance related to employment law and regulations reports to them.
These courts provide orders and decision in favor of innocent party.
In order to answer the investigation that how tribunal and courts systems enforce employment
law? it can be stated that these authorities have their direct as well indirect role. In direct role,
such courts and tribunal gives decision in the cases of disputes that earlier happened between
employer and employee and make sure that the provisions of employment laws are met out.
Further, in indirect role, these authorities develop an emotion of fear to employers of being sued
and fined in case of non-compliance of the provisions of employment law and regulations (high
performance consultancy, 2018).

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Procedure to settle the cases
The manner in that cases are settled before employment courts and tribunals is far clear. As
earlier mentioned direct and indirect role of these authorities, it is to mention here that
proceedings get start with the reporting of a case. As these courts are separately created and
developed to entertain cases related to employment law, dispute resolution and claim settlement
are the lead tasks to do. As soon as an employee or an employer, address their mutual dispute to
court, court call upon the parties of the case. Further, similar to a civil or criminal court, these
courts follows proceedings. In the progress of a case, such courts hear the parties, call the
witnesses and proofs, review the circumstance, and at last gives an order or decision.
Employment courts are mainly developed to provide justice to the one who suffered in a
transaction. By following a legal and provided procedure, these authorities settled a case related
to respective law and ensure the compliance of the same.
Question 2
Principles of discrimination law in recruitment, selection and in employment
Recruitment, selection, and appointments of employees in an organization must be held lawfully.
Now the question is that what is a lawful manner? This can be answered as that while selecting
or recruiting an employee no such practice should be follow that is not allowed in the concerned
employment law. Now these days, discrimination is one of the lead issues in the practice. It has
noted that many of the organizations do discrimination with employees based on sex, cast, looks,
and other factors. In UK, Equality Act, 2010 is there to protect employees from discrimination.
Under this act, some protected characteristics are defined, on the basis of which, an employer can
not do discrimination. These protected characteristics are as follow:-

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 Age
 religion
 In a civil partnership or being married
 Disability
 Sex
 Race including nationality, national origin and colour
 maternity leave
 Being a transsexual person (Gov.uk (a), 2018)
All the aforesaid are protected characteristics under law and an employer can not segregate two
of his/her employees on the basis of these factors.
This is to mention that that discrimination can be direct or indirect. In a direct discrimination, a
person treats less favorably in comparison to another who has protected characteristics. In an
indirect discrimination, employer applies some policies that is discriminatory in respect of
protected characteristics.
Further, following points are required to be covered while preparing a presentation on the topic
“managing recruitment, selection, and appointments”
 Recruitments must be open for the all the eligible candidates instead for a particular class
of person, until unless vacated post does not demands so.
 While preparing Job Vacancies advertisements, required and demanded skills must be
show at the very first
 In selection procedure, discrimination must not be done on any irrelevant and
meaningless basis.

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 Short listing of employees again is an important process and need to be done in fair
manner.
 At the time of appointment, most eligible candidate must get opportunity.
In order to illustrate the aforesaid key points, it can stated that if a post get vacate in the
organization then managers should welcome all the eligible candidates, follow a fair practice in
selection process and appoint the best suitable person regardless his/her cast, gender or religion
or other factors.
Employment Contracts
An employment contract is one of the key parts of recruitment process. Such contracts define the
terms and conditions of the employment. By looking at an employment contract, one can assume
that what are the expectations of the employer, what roles and responsibilities an employee is
agreed to perform and other conditions related thereto. Such contracts are significant also for the
reason that the same works as an important proof at the time of dispute. These contracts can be
verbal as well as in writing. However, it is advisable to make them in writing in order to ignore
future disputes. In those circumstances where such contracts are not in writing, recruitment
process needs to be undertaken in a cautious manner. Although verbal employment contracts are
also valid, yet according to the provisions of The Employment Rights Act 1996 employees are
entitled to get a written statement consisting lead terms and conditions related to employment
within the period of 2 calendar months of initiating work.
In an employment contract, majorly two types of terms and conditions are there. One is express
and another is implied. Express terms of a contract are referred to those terms that are clearly
mentioned in an employment contract. Whereas implied terms are those terms that have never

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been discussed and agreed by employer and employee but are obvious in nature. A relation
between employer and employee is of fiduciary nature hence for this reason certain terms do
exist in an employment contracts by default. Although implied terms are not agreed, however
neither and employer nor the employee can deny fulfilling the same. Such implied terms are
defined based on various factors such as work rules, culture, workplace environment, nature of
employment and collective agreements. It has held in the case United Bank Ltd v Akhtar [1989]
IRLR 507, EAT that by serving a 6 days’ notice of relocation, employer has breached the
implied duty of mutual trust and confidence. Hence, this can be stated that in every employment
dispute, employment contract works as a prima facie evidence and for the reason it must be in
writing and includes every possible term and condition.
Question 3: Managing Reorganization and changes lawfully
Changes in Employment Contract
In the given case, facts are not clear that how far relocation would be, therefore company can
plan to manage this re-organization by the way of variation of contract.
As earlier stated that an employment contract is a legal document, hence it is very clear that the
same cannot be change easily. There is a prescribed procedure, one need to follow while
changing a employment contract. Change can be related to any of the factor such as working
hours, salary, shifts, relocation and so on. The lawful way to make changes in an employment
contract is discussion between employer and employee. Consultation and discussion is
significant parts in the process of changing a contract. An employer at the very state must discuss
the proposed changes with employee and after this if they both become agree on a point, changes
can take place in an employment contract. Period of consultation will depend on the number of

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employees of the organization. In case of a huge number of employees, if an employer plans to
have a collective consultation, then also there must be procedure to address individual concern. If
through the way of consultation, employee does not become agree then following are the options
that are available to employer in such situation:-
S. No. Way Out Risk Involved
1. Make changes accordingly despite the
will of employee
Claim can be made by an employee on the
basis of constructive dismissal.
2. Dismiss the employee and offer new
terms and conditions to him/her.
Employee can reject such proposal and can
claim unfair dismissal.
3. Abandon the plans of re-organization Business can face economic loss and this
option is not even practical in nature.
Requirements of Redundancy Law
Redundancy indicates a circumstance where the office of an employee remains no longer useful
and employer take decision to show the outer way to employee (totaljobs, 2018). In such
situation, it is the duty of employer to apply this redundancy lawfully. There are few ways
prescribed in the law to introduce redundancy in an organization. It is a crucial issue and need to
be handle with due care at the end of the employer. An employer can manage redundancy
lawfully by following the given steps:-
1. Collective Consultation:- If there are number of employees do exist who are adhere to
suffer due to redundancy then employer must consult with them. As earlier mentioned in
the section of “Changes in Employment Contract,” similarly in this case also number of

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concerned employee will decide the prior period of consultation. This is important to
mention here that in those cases where numbers of effective employees are less than 20
then there is no need to plan a collective consultation.
2. Individual Consultation- After collective consultation, issues of each employee must be
address on individual level. By following this process, an employer can come to know
about the specific problems of his/her employees.
3. Appropriate Alternative employment: - In the case of redundancy, an employer must
offer suitable alternative employment to employee. Such alternative must be provided
according to the condition of specific employees (acas (a), 2018)
By following aforementioned procedure, an employer can deal with redundancy lawfully.
Requirements of the Law on Business Transfers
Business transfer is a situation where an employer transfers full or a part of his/her business to
another party. In the scenario employees of the organizations does remain same but their
employer get change (Gov.Uk (b), 2018). Such business transfers are a part of the business
requirement and can be of majorly two types. One kind is the situation where only an economic
part of get transfer and it retain it is identity as earlier. In another situation, transfer of service
takes place. It happens in those situations where employer has a business of providing services.
According to the provisions of Undertakings (Protection of Employees) Regulations 2006, there
are mainly two tasks are required to complete and the same are as follow:-
1. Consultancy: - Employer must discuss about transfer of business with the employees
who are expected to work under new employer. Employer must inform to and consult
with employees about the transfer, reason of transfer, implications, impacts, and other

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factors of transfer. In the absence of such consultation or an appropriate consultation,
each affected employee will be entitled to receive a protective award upto 13 weeks.
2. Employee Liability Information: - It is the responsibility of previous employer to
provide details of all the affective employees to the new employer at least before 28 days
of transfer (XpertHR, 2018).
Question 4: how to manage issues relating to pay and working time lawfully.
Statutory Rights of Workers
The most important term in an employment contract is pay. According to the provisions of
Equality Act 2010 two employees must get the same pay if they are doing the work of similar
nature and putting same level of efforts. It was held in the case of Capper Pass Ltd v Lawton
[1976] IRLR 366 that there must not be any discrimination in the wages on the basis of gender if
the two employees of different gender is doing the same job. Further, it was held in the case of
Springboard Sunderland Trust v Robson [1992] IRLR 261 that if two employees are doing
different jobs of similar value, they must be paid equally. Concept of pay audits is also there in
order to ensure that organization is following the practice of equal wages.
Apart from the pay, every full time employer is eligible to paid yearly leave of 5.6 weeks i.e. 28
days. Bank holidays of the country can be inclusive or exclusive from mentioned 5.6 weeks at
the option of the employer.
Working Time Regulations 1998 is the law that defines the provision related to standard working
hours of employees. According to the provision of this law, a full time employee is required to
work 48 hours in a week. An employer cannot ask an employee to work for more than 48 hours
in a week in ordinary circumstances. If an employee wishes, he/she can opt to work for more

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than 48 hours in a week. An employee cannot be forced them to sign any such opt by the
employer (O'Gallagher, Lewis, Mercieca and Moutray, 2013)
Major Requirements of Equal Pay Law
There was a separate law named Equal Pay Act 1970 on this topic, however now provision of the
same has included in Equality Act 2010. As the name implies, both of the said acts have
developed to remove discrimination among employees. Where earlier act was only consisted the
provisions related to pay, substitute act is commonly concentrates to develop an equal
environment at workplace. Majorly 3 requirements are there that are mentioned hereunder:-
1. Like work: - For the applicability of this act, this is necessary that work of two employees
must be of similar nature irrespective of their gender.
2. Work must be rated equivalent: - In many of the organizations, rating system takes place.
In this system, organizations do analytical job evaluation and based on that, jobs are
given different ratings. For the application of Equal Pay Law, it is important that work of
two employees must fall into category of same rating jobs.
3. Work of the equal value: - When no analytical job evaluation has done, however
employee thinks that the work he/she is doing is of similar value that the employees are
doing, hence in those circumstances this law will be applicable. Therefore, an employer
will be liable to pay equal pay to all the employees doing the work of similar value
(Equality and Human Rights Commission (a), 2018).
Family-Friendly Employment Rights
An employee also lives in a society and has some relations out there. In the course of
performance of social duties, they need to have some additional benefits related to their jobs.

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These social benefits are known as Family-friendly Employment rights. Provisions of maternity
leave, paternity leave and others are there for employees. As per the provisions of employment
law, a female employee who is pregnant is eligible for maternity leave. This leave is divided in 2
parts such as Ordinary Maternity Leave and Additional Maternity Leave. Both of such leaves are
allowed for 26 weeks each. An employee, who is eligible for OML, becomes eligible for AML
also. Although total maternity leave is allowed of 52 weeks, yet pay will only be provided for 39
weeks (Williams, 2016).
Further, similar to maternity leave, paternity leave are allowed to that male employee whose
partner gives birth or adopts a child. According to the provisions related to paternity leave,
eligible employee will be granted an ordinary parental leave of 2 weeks and during this,
employee will be provided pay by the rate of £139.58 per week. In addition to maternity and
paternity leave, provisions of flexible working hours are also available. An employee who has
completed 26 weeks of his/her employment as on 30th June 2014 can ask for fixing of working
hours as per the his/her comfort. This is to mention that to ask such privilege an employee must
follow the provided code of guidelines.
Question 5: Ensuring that staff are treated lawfully when they are at work
Major Requirements of Health and Safety Law
Bullying, harassment, and stress are the lead reasons for that health and safety law requires in an
organization. Health and Safety at Work Act 1974 is the legislation that is there to protect
employees from the aforementioned situations. As the name implies, this law requires an
employer to grant a healthy and safe workplace. According to the provision of this law, an
employer requires to provide

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1. Adequate and safe plant and equipment.
2. Safe and competent employees.
3. Safe workplace and premises.
4. Safe work system.
In addition to aforementioned points, this law also put some duties over employees that are
mentioned hereunder:
1. Employees also must be careful and responsible for their own health and safety.
2. In order to ensure existence of proper safety and health related requirements, employee
must co-ordinate with employers.
Further these requirement are not limited up to only health and safety area but also
expects to cover other issues such as harassment, bullying and stress.
Significance of Implied Duties
Some duties are implied in relation to management of employees at work. These duties have
their high significance as they bind an employer to provide a suitable environment to employee.
Every issue that an employee can face during the course of performance of this/her duty cannot
be covered under employment contract, therefore implied duties covers such aspects. An
employment relation covers the provision related to fiduciary duties. In a situation where
something has left to be included under employment contract, implied duties provides safeguard
to employees as well employers. Management of employees is a wider term and the same binds
an employer and employee to work ethically even in the situation where nothing is mentioned

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about impacts of contravention of liabilities. In conclusion, this can be stated that implied duties
are very helpful in the course of management of employees at workplace.
Principles of The Law On Freedom Of Association
European Convention on Human Rights covers the provision related to establishment and
development of association. Article 11 of the previously mentioned convention provides the
protection to the right of Freedom of Assembly and Association (acas (b), 2018). This article
gives permission to an individual to become the part of a group and to receive detriment in result.
Such permission refers to the “Freedom of Association” (Equality And Human Rights
Commission (b), 2016). Following are the principals that Article 11 provides on the subject
Freedom of Association:-
1. Everyone has a right to create or join groups and associations including trade unions in
order to protect his/her rights.
2. A person must not use his/her rights provided under this article in a manner that defeat
the values of society and put the national security in danger.
According to the provisions of Article 11, a person can join trade union and further such union
will be eligible to represent that employee in case of any disputes (Schabas, 2015). In this
situation, this is also necessary to mention that the mentioned trade union must be recognized.
Further, the law of freedom of Association granted and recognized under Article 11 will not be
applicable to members of armed forces, civil services, and police department.

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Question 6: Managing Performance and Disciplinary Matters Lawfully
Main requirements of unfair dismissal law
Unfair dismissal is a situation where employers dismiss an employee without any reasonable
cause. Employees have some rights related to protection of their employment under various
employments law. The Employment Rights Act 1996 is the legislation that defines such rights.
Requirements for unfair dismissal can be understand by the situation where requirements of fair
dismissal remain absence. The said legislation prescribed 5 situations where dismissal of an
employee will be fair. These circumstances are-
1. Capability:- It was held in the case DB Schenker Rail (UK) Ltd v Doolan
UKEATS/0053/09/BI that if an employee is not physically suitable for the concerned jib
then employer has right to dismiss such employees. In this case employee named Doolan
got sick and after medical examination it has come into knowledge that if he will
continue the job then probably he would be suffer from stress (Betts, 2018).
1. Conduct:- Situations where an employee does misconduct during his job, then also
employer can dismiss such employee. Here this is to mention that misconduct must be
proven on the part of employee.
2. Redundancy: - As earlier mentioned that redundancy is a situation where role of
employee does not remain any more useful for employer. Hence, in this situation after
providing necessary way out to employee, an employer can dismiss him/her.
3. Statutory Ban:- It is mentioned under The Employment Rights Act 1996 that a situation
where it does not remain possible for an employer to continue with an employee because
of statutory requirement, then it will be lawful to dismiss the employee.

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4. Other substantial reason:- Apart from aforementioned situations, if any other
circumstances has arises where it seems to be lawful to dismiss an employee, then by
following the law of natural justice an employer can dismiss the employee (Legislation.
Gov.uk, 2018).
Scope of the right for employees to be accompanied
Serious disciplinary meeting and grievance hearings are part of the procedure set out under Acas
Code of Practice: Disciplinary and Grievance Procedures. At every disciplinary meeting,
employees have right to be accompanied by a colleague or by a trade unions (acas (c), 2013).
This is notable here that an employee is not allowed to be accompanied by a lawyer. However,
this rule has an exception, i.e. in the situation where a matter can have a serious impact on the
career of an employee, then in such situation; an employee can take legal representation.
In the case of Toal and another v GB Oils Ltd UKEAT/0569/12, it was held that available code
was not accurate in the views of law; hence, in the recent years ACAS has amended the
previously mentioned code of practice. The revised code defined the scope of employees right to
be accompanied in respect of disciplinary meeting and grievance hearings. According to the
provisions of this amended code:-
1. To exercise the right to be accompanied, an employee must make a reasonable request.
Such reasonability will depend on the circumstance to each case.
2. An employee has liberty to choose companion of his/her own choice.
3. In case of non-availability of companion chosen by the employee, employer will
postponed the hearing subject to the conditions provided in the respective code.

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4. Powers of companion are extended to the limit of addressing the hearing to sum up the
case and respond on behalf of employee. However, companion is not given the power to
answer on behalf of the employee (acas (d), 2018).
Afore mentioned powers are the scope of right to be accompanied provided to employees under
Acas Code of Practice: Disciplinary and Grievance Procedures. However, this is required on the
part of employees that they must use such rights for the genuine purposes.

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References
acas (a). (2018) Collective consultation on redundancies. [online] Available from:
http://m.acas.org.uk/media/pdf/l/2/pdp-collective-consultation-on-redundancies-accessible-
version-July-2011.pdf [Accessed on 16/07/2018]
acas (b). (2018) The Human Rights Act. [online] Available from:
http://www.acas.org.uk/index.aspx?articleid=4898 [Accessed on 15/07/2018]
acas (c). (2013) Who can accompany workers to grievance hearings? [online] Available from:
http://www.acas.org.uk/index.aspx?articleid=4581 [Accessed on 16/07/2018]
acas (d). (2018) Code Of Practice On Disciplinary And Grievance Procedures. [online]
Available from: http://www.acas.org.uk/media/pdf/f/m/Acas-Code-of-Practice-1-on-disciplinary-
and-grievance-procedures.pdf [Accessed on 16/07/2018]
Betts, G. (2018) Unfair Dismissal. [online] Available from:
https://www.buckles-law.co.uk/site/services_for_business/srvbiz_employment/unfair_dismissal/
[Accessed on 16/07/2018]
Capper Pass Ltd v Lawton [1976] IRLR
DB Schenker Rail (UK) Ltd v Doolan UKEATS/0053/09/BI
Equality Act, 2010
Equality and Human Rights Commission (a). (2018) Equal pay for equal work: what the law
says. [online] Available from:
https://www.equalityhumanrights.com/en/advice-and-guidance/equal-pay-equal-work-what-law-
says#h2 [Accessed on 16/07/2018]

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Equality And Human Rights Commission (b). (2016) Article 11: Freedom of Assembly And
Association. [online] Available from: https://www.equalityhumanrights.com/en/human-rights-
act/article-11-freedom-assembly-and-association [Accessed on 15/07/2018]
Essack, Y. (2018) Roles and Responsibilities of an Employment Tribunal. [online] Available
from: https://toughnickel.com/business/Roles-and-Responsibilities-of-an-Employment-Tribunal
[Accessed on 16/07/2018]
Gov.Uk. (a). (2018) Discrimination: your rights. [online] Available from:
https://www.gov.uk/discrimination-your-rights [Accessed on 10/08/2018]
Gov.Uk. (b). (2018) Business transfers, takeovers and TUPE. [online] Available from:
https://www.gov.uk/transfers-takeovers [Accessed on 16/07/2018]
Health and Safety at Work Act 1974
high performance consultancy. (2018) More Haste, Less Speed? The Importance of Getting it
Right. [online] Available from:
http://www.highperformanceconsultancy.com/2017/09/26/employment-tribunals-importance-
getting-right/ [Accessed on 16/07/2018]
Legislation. Gov.uk. (2018) Employment Rights Act 1996. [online] Available from:
https://www.legislation.gov.uk/ukpga/1996/18/part/X [Accessed on 16/07/2018]
O'Gallagher, M.K., Lewis, G., Mercieca, K. and Moutray, T., 2013. The impact of the European
Working Time Regulations on Ophthalmic Specialist Training–a national trainee
survey. International Journal of Surgery, 11(9), pp.837-840

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Schabas, W.A. (2015) The European Convention on Human Rights: A Commentary. United
states of America: Oxford University Press.
Springboard Sunderland Trust v Robson [1992] IRLR 261
Taylor, S. and Emir, A. (2012) Employment Law: An Introduction. United Kingdom : Oxford
University Press.
The Employment Rights Act 1996
Toal and another v GB Oils Ltd UKEAT/0569/12
totaljobs. (2018) What is redundancy? [online] Available from:
https://www.totaljobs.com/careers-advice/redundant/what-is-redundancy [Accessed on
16/07/2018]
Undertakings (Protection of Employees) Regulations 2006
United Bank Ltd v Akhtar [1989] IRLR 507, EAT
Williams, V. (2016) Celebrating Life Customs around the World: From Baby Showers to
Funerals, Vol. 3. California: ABC-CLIO.
Working Time Regulations 1998
XpertHR. (2018). What is "employee liability information" under the TUPE Regulations 2006?
[online] Available from: https://www.xperthr.co.uk/faq/what-is-employee-liability-information-
under-the-tupe-regulations-2006/114644/ [Accessed on 16/07/2018]