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Employment Law: Understanding Legal Issues and Good HRM Practices

   

Added on  2023-06-14

14 Pages3426 Words302 Views
Running head: EMPLOYMENT LAW
Employment law
Name of the Student
Name of the University
Author Note
Employment Law: Understanding Legal Issues and Good HRM Practices_1
1EMPLOYMENT LAW
Executive summary
Employment relationships are of utmost importance towards the prosperity of businesses.
Strong employment relations ensure enhanced productivity. The paper focuses on how a business
may indulge in good HRM practices to enhance employee satisfaction and avoid any legal
liability which contemporary employment law may impose on them for non compliance. In the
answer 1 it has been witnessed that employers are bound to abide by certain statutory provisions
when dismissing an employee. If the employers do not follow the rules of ethics otherwise he
shall be entitled to risk of wrongful dismissal. In the second answer it can be observed that the
employers are bound to follow certain procedural rules in order to deal with cases involving
employee dismissal otherwise they will be subjected to a claim of unfair dismissal. It is
important on the part of the employers to treat his employees equally and any kind of
discrimination is not allowed which is based on the protected traits of the employees or on the
basis of any of the traits mentioned in the third answer. The fourth part deals with TUPE
regulations which needs to be followed while business is transferred.
Employment Law: Understanding Legal Issues and Good HRM Practices_2
2EMPLOYMENT LAW
Table of Contents
Introduction......................................................................................................................................2
Answer 1..........................................................................................................................................2
Answer 2..........................................................................................................................................4
Answer 3..........................................................................................................................................6
Answer 4..........................................................................................................................................8
Conclusion.......................................................................................................................................9
Recommendations..........................................................................................................................10
References......................................................................................................................................11
Employment Law: Understanding Legal Issues and Good HRM Practices_3
3EMPLOYMENT LAW
Introduction
The document which governs an employee employer relationship is termed as the
contract of employment. In this regard, it is worth noting that the terms depicted in the contract
shall be binding upon the parties. Therefore, it is noteworthy to mention here that the terms
depicted in the contract of employment bind both employee and employer however; legal claim
is likely to arise in case of breach of such contract. Implied as well as express terms are
important essentials of contract of employment (Holland, Burnett&Millington, 2015). The
principles of employment law govern the terms of such employment contract.In UK sources of
employment laws can be traced from the provisions of Common law and the European law. In
this regard, it can be stated that in order to govern the relationship between an employer and
employee a number of legislations has been passed under the UK Constitution which can be
emphasized as- Redundancy Payments Act 1965, Transfer of Undertakings (Protection of
Employment) Regulations 2006, National Minimum Wage Act 1998, Working Time Regulations
1998, Trade Union and Labour Relations (Consolidation) Act 1992, Health and Safety at Work
etc Act 1974 and The Employment Rights Act 1996.
Answer 1
The identification of key legal issues which might be related to this scenario are that of a
wrongful or unfair dismissal. When an employee is found to be terminated contrary to the terms
provided in the service agreement then the following is said to be wrongful dismissal. The
employer needs to grant the employee with a notice period which is of one week in case of a
service for one month, couple of weeks for two of years of work done, and twelve weeks if the
job is seen to be done for twelve year or more under section 86 of the ERA. If the legal
Employment Law: Understanding Legal Issues and Good HRM Practices_4

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