Employment Law: A Comprehensive Guide to Managing Workplace Issues Lawfully

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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.