Importance of Employment Law and Discrimination Issues

This document discusses the aims and objectives of employment law, the role of tribunals and courts in enforcing employment law, issues related to discrimination, and the establishment of a contract of employment. It also covers the importance of ensuring a fair recruitment and selection process and the impact of the Equity Act.

EMPLOYMENT LAW

INTRODUCTION.........................................................................................................................5
MAIN BODY..................................................................................................................................5
LO 1.................................................................................................................................................5
Explain the aims and objectives of employment law..................................................................5
Describe the role played by the tribunal and courts system in enforcing employment law........6
Explain how cases are settled before and during formal legal procedures..................................6
LO 2.................................................................................................................................................7
Mark out the importance over ensuring recruitment and selection process over new employees
and mark out issues related to discrimination. In relation to equity act......................................7
Explain how a contract of employment is established.................................................................9
LO 3...............................................................................................................................................10
Describe in what circumstances a contract may be varied and the process to be followed to
make those changes to contracts lawfully.................................................................................10
Demonstrate your understanding of what constitutes a redundancy in law..............................10
Explain the main requirements of the law on TUPE.................................................................11
LO 4...............................................................................................................................................11
Identify the key statutory rights workers have in the fields of pay, leave and working time....11
Explain the major requirements of equal pay law.....................................................................12
Explain major maternity, paternity, and other family-friendly employment rights..................12
LO5................................................................................................................................................12
Identify the major requirements of health and safety law.........................................................12
Explain the significance of implied duties about the management of employees at work........12
Explain the principles of the law on freedom of association.....................................................13
LO 6...............................................................................................................................................13
Explain the main requirements of unfair dismissal law in respect of capability and misconduct
issues..........................................................................................................................................13
Explain the scope of the right for employees to be accompanied at serious discipline and
grievance hearings.....................................................................................................................13
CONCLUSION............................................................................................................................14
REFRENCES...............................................................................................................................15
Books and journals........................................................................................................................15

INTRODUCTION
Employment laws are those types of laws that deals with relationship between employer
and employee. Also these laws has to deal with all kinds of practices that are being done in order
to strengthen relationship between both workers and person assigning work to him. These are
also known as labour laws that helps in dealing with problems that is related to employees. It
covers various aspects that is related to working of employee and facilities that is being provided
to an employee at workplace. Scope of such law is wider as it deals with direct implementation
of laws over employee and employer. Nature of these laws are also very dynamic in nature
because they cover a kind of tripartite relationship under which an employee is hired on the basis
of contract or for a particular time period in order to make a task accomplished within an
organization. This file is based on employment law. Things to be covered in file are objectives of
employment law, role of tribunal and its procedure to solve a case. Also redundancy and equity
act has to be covered. Further in this file TUPE law has to be covered. In the end health and
safety law is to be told.
MAIN BODY
LO 1
Explain the aims and objectives of employment law
Employment laws are the laws that majorly focuses upon maintaining of relationship
between employer and employee. These rules and regulation that are related to employment law
that has been practiced in UK. Employment law in UK is having strong impact upon UK and has
been covering lot of things within an organization. In English employment law various
provisions cover certain idea in relation to employer and employee is being covered. Aim of
these laws is to focus upon protection of fundamental rights of employer and also prescribe
certain guidelines in order to run an organization.
Further on the part of employees the law is focused over protection of different rights that are
related to salary and remuneration. Also covers time period to work and holidays with
environment to work (De Stefano, 2016). The employment or labour law of United Kingdom has
been considered as one of the very existing laws in the country from a long period of time. It has
gone through various changes within it from time to time. In the modern time labour law in UK
that is being followed were formed at the time of industrial revolution that took place in late

nineteenth century. At that time there is and there was a need to build strong relationship
between employer and employee. Regarding this only provisions were created to make an
concrete framework for laws to be followed. In twentieth century, the form of this labor law had
been subjected to change significantly. In today’s scenario, the English employment law is the
mixture of different laws such as Employment Rights 1996, Equality Act 2010, Trade Union
and Labor Relations (Consolidation) Act 1992, etc. which was enforced by the European
Court of Justice and the European Court of Human Rights (Contracts of employment,
2010).
Describe the role played by the tribunal and courts system in enforcing
employment law
Employment tribunal has been created under the industrial tribunal according to the
Industrial Training Act 1964. These are the tribunals that are official judicial bodies that
contains a lawyer and a chairman. Also an individual nominated as representatives of employee
association. Also member of Trade Union is there or is affiliated with it. All these panels hear
any kind of matter that is being related to employment law is being handled by these tribunals.
They have been given such authority under the Employment Rights (Dispute Resolution) Act
1998. Later the name was changed to employment tribunal from 1st August 1998. These tribunal
also perform the same functions that were performed by these authority. Role played by
employment tribunal is to solve the dispute that has to be solved between employee and
employer at workplace. Need for equality has lead towards the establishment equity at
workplace.
Explain how cases are settled before and during formal legal procedures
Employment tribunal differ from ordinary courts of law in various ways. An employment
tribunal is different from ordinary courts of law in all ways because in this less formalness is
there, also it is having faster way of solving a dispute. All members present in tribunal is having
knowledge over the contractual and employment related laws whereas an ordinary court judge
has a general knowledge of all the laws (Dau-Schmidt and et. al., 2017). The majority of
contractual disputes are adjudicated by the ordinary courts of law (High Court in England)
however specialized disputes can be resolved in an employment tribunal. Ordinary court of law

deals with disputes that has been taking place over the accident at work, service pay, wrongful
dismissal and more serious issues that is based upon harassment with criminal consequences.
Such disputes can never be solved within the employment tribunal. Before the hearing takes
place management can laid down the directions over the hearing. They are one several means
through correspondence between parties and also employment tribunal. If the case proceeds over
full hearing the case is being heard over the exceptions through tribunal of three people, a legally
qualified Employment judge and two members. These members uses experience of judging the
fact. As the hearing is going on employment judge holds responsibility for ensuring that fair
hearing is there and all facts with evidences are checked upon impartial basis.
Settling of cases
An solution if has to be marked out then the claim that has been made as per the Early
Conciliation scheme then individual has to go ahead in order to mark out claim and also appeal
within the employment tribunal. After the process is being followed then both the parties are
being brought over to make the settlement proceeded within both the parties. Regarding this a
case has been going in continuity unless any solution has to be marked out. If claims has not
been made successfully then hearing is going to go on.
LO 2
Mark out the importance over ensuring recruitment and selection process over new
employees and mark out issues related to discrimination. In relation to equity act
Direct discrimination: This kind of discrimination an individual should have been
treated as inferior by another person. Under such discrimination the condition that has to be
pertained out of it is less favorable because of the characteristics that has been posse by it. Such
discrimination is going to deal on the basis of the factors like age and gender. Such kind of
discrimination only leads towards helping in achieving of legitimate goal. This can be
understood more clearly with the following case that is Woods Interim V Ron. As per the case
Ron has been working for Woods Interim as a campaigner relation to an issue in Sudan. Vacancy
was generated to work as a researcher. Ron also got shortlisted for the position but the
organization was not willing to make he appointed. Due the negative impact that could be faced
by them like ill treatment or violence. Woods Interim argued over the breach of Health and
safety at work place. Under this the court held that Woods Interim’s decision passed on Ron has
leaded to direct discrimination as he was a black (Casebeer, 2017).
Indirect discrimination in this kind of discrimination it is required to be understood that
nine protected characteristics mentioned under the Equity Act of 2010 has a major role to play

in making the claim possible. If any of these characteristics are not there then claim cannot be
granted by the court under such situation.
Changes made by the Equality Act 2010
This act has brought lot of changes under the discrimination legislation existing within
UK. As the act has been formed or its provisions has been taken from the previous existing acts
or laws related to discrimination. There has been only slight changes that has been brought by
the amendment of this act. Also act has aimed to fill in the loopholes that has been existing in
early provisions. Under such kind of adoption more unitary perspective of equity law is gathered.
The act has majorly promoted the definition with clarity over equity. 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, victimization and
harassment. Act has been furthermore brought a protection over the characteristics over the
legislations that has been widening as per the circumstances. An positive action is being taken by
the authorities should be taken. According to previous acts the characteristics were not
considered in proper manner. With the act new characteristics has to be given with legal
recognition about the indirect discrimination that has been given under section 19 of the act.
Such characteristics that has been mentioned under the act and is useful in the process of
recruitment is explained as follows:
Occupational Requirement
When an organization has been planning to recruit an employee. These nine
characteristics that is required to be taken into consideration as they help in making an
organization select employees without doing any kind of discrimination. Further nine
characteristics which has been explained under equity act 2010 and they are being explained as
follows:
Age: Under such kind of discrimination age is considered to be one of the important
factor that has been accruing. This has to be considered under the lawful act which has been
discriminating upon the basis of old and young. Banned has been put over the practices in the
year 2006. At that time age of retirement was 65 years. This was applied on the basis that old
person cannot work for long.

Race it has been defined as per that type discrimination which has got its existence from
the elements like color, nationality. In past time certain groups has been defined with their race.
Today’s scenario these are considered to be under the category of racism.
Religion this is also means that no one shall be discriminating upon the basis of religion
that means that an person or an individual is not required to be discriminated on the basis of
religion that has to be followed by him or religion existing. As humanity should be given priority
under the Equity act of 2010.
Disability such discrimination has been based on any kind of disability that is there
within the employee. According to the act any kind of physical or mental impairment has to be
sustained over long term with adverse effect upon person’s life. This is like there can be no
discrimination on the basis of any kind of disability.
Marital status it is related to a person which cannot be treated over the discrimination on
the basis that weather he is married or not. It is not mean that a person that has not married or
having relationship cannot work within an organization. As per the act such discrimination has
been banned.
Maternity as per the discrimination there has to be no discrimination between women
who is pregnant or not. Also her health should not be compromised seeing the sensitivity of the
situation.
Sexual orientation this means that an person is required to be treated or discriminated on
the basis of his or her sexuality and everyone weather he is homosexual, bisexual or
heterosexual. They has right to work and live equally in society.
Gender reassignment in this kind of discrimination no one can be discriminated on the
basis of as this is no grounds on making a person not working within an organization. It has to be
applied within the starting process of recruitment.
Explain how a contract of employment is established
Contract of employment: These are the laws that has been covering one of the major
aspects of the recruitment process because it is helpful in providing sustainability to employees
within an organization. Also this is considered to be one of the most important part due to its

legal nature. Such contract is considered to be an legal document as per the law. As per this
contract an employer is required to sign an agreement before he enters in to an organization and
works for it. Under this various policies of that are being followed by an organization is given. If
under any circumstances the policies and rules given under them is being violated then and
organization has to action against the employees responsible for it. Also verbal commitment that
has been made at the recruitment time from the employer is also legally binding. Such
requirement has to understand that for making these contract legally binding there should be
relationship between employer and employee. Such contract is being given to employee within
the month of recruitment of an organization (Bent, 2017).
Express and Implied Term: A contract of employment can be both expressed and
implied depending upon the condition in which contract is being made. In the expressed form of
contract all the elements that is being there within the contract is required to be explained and
discussed between the employer and employee. Factors like salary, timings and work pattern has
to be discussed before the commencement of such contract. These contract is in written form and
is signed by employer and employee. Under implied term various sources is being explained. It
has to be discussed by the employer and employee through exchange of voice. As per this the
contract can be both agreed and written. This is considered as part of contract that is being
formed. Both the contract is having different scope within the process of recruitment because of
their nature that vary from situation to situation.
LO 3
Describe in what circumstances a contract may be varied and the process to be
followed to make those changes to contracts lawfully
Variation of contract: according to this contract of employment is having various
number of situations that has been taking place under the contract that is made for employee or
contract of employment. It is required to be understood in better manner for which example has
to be explained that is extending trading hours and for the extending shifts of employees.
Alternative of such situation that employee is being given a opportunity but the employer wants
him to remove from the work. So, variation is not there then the organization is going to struggle
in forming and executing of contract. That is why variation is require within a contract
(Augustine, 2019).

Demonstrate your understanding of what constitutes a redundancy in law
Redundancy: It is there under the section 139 of the Employment Rights Act 1996. As
per this redundancy is the condition the id being happening because of the certain elements like
whole business, particular workplace and work of certain kind. In order to make redundancy
legal certain conditions are required to be there that has been given below:
The fact that employer has ceased and has been intended to cease
1. For carrying of business in order to mark the purpose in which employee was employed
by the employer.
2. To carry on the business which means the place where employee has been employed.
The fact that recruitment of the business is
 To the employees for carrying out work of its own kind.
 To perform the work that has been done at the time where an employee has been
employed by the workers.
Explain the main requirements of the law on TUPE
Transfer of undertaking: This is another area within which an employer is required to
face the transfer of undertaking over the legislation. These kinds of legislation is being
addressing over certain situation within which an employee has been there over the part of
business and is required to part of the work sold. As per the situation an employee is required to
transfer new employer. The main purpose of TUPE is there to recruitment over undertaking and
maintaining of protection for this an employee is required to transfer that has been there. It is
responsible for maintaining of continuity within the employment that has to be transferred
between on employee to another and service continuity is also made available. The terms and
condition of employment. According to this employee has to be transferred all the terms and
condition of employment under this salary is also there in this. It is going to lead over the new
employee as per which various difficulties are there that has to bear by employee. For this only
he gets less pay. Also it is not possible to marke the changes within the terms and conditions of
employment. Also security of employment and employee cannot be fired but only transferred.

LO 4
Identify the key statutory rights workers have in the fields of pay, leave and
working time.
Work Time Regulation Act 1998: Under this act the working time of employee has to
be introduced and is required to be implied with the Working Time Directive and this law has
been enacted from 1st October 1998. It was introduced under the Labor government because
other government was against such law. That is why they are being implemented only after two
years that acts deadline was passed. The main provisions of the act are maximum working hours
can be 48 hours of working week. Then average working hours is required to be calculated as per
the seventeen week period and also workers are permitted for opting of output also. Another
things that is being mentioned is that knight workers should work for 8hours out of 24. Adult
workers should be working with one day holiday every week and eleven hours of rest should be
provided within 24 hours period. It is there legal right to get 20 minutes break for every 6 hours
work. They are required to paid 28 days in a month and levaes cannot be carried for next year
(Altieri, Cho and Issa, 2016).
.
Explain the major requirements of equal pay law
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.
Explain major maternity, paternity, and other family-friendly employment rights.
LO5
Identify the major requirements of health and safety law.
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.
Explain the significance of implied duties about the management of employees at
work.
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 has disturbed working environment
(Agan, 2017).
Explain the principles of the law on freedom of association.
Discrimination it is considered to be an important part of an organizations because it
provides equal opportunity to all employees to work with togetherness and coordination. It h is
not an positive practice to be performed within an organization. They are required to be
eradicated in order to stop any kind of interruption or disturbance at workplace. It deals with
various aspects of society like age, cast, religion, sex, gender and other which affects working of
an organization also. In order to make them illegal in nature Equity laws were introduced
Trade union membership: These are the union of workers that are being formed in
order to make the rights of workers alive and fight for it in order to mark a solution of an
particular problem faced by employees.
Both the laws are considered to be a part of freedom of association because they work for
the welfare of the organizations by eradication of evil practices that infringes right of employee
and impacts relationship of both employee with employer.

LO 6
Explain the main requirements of unfair dismissal law in respect of capability and
misconduct issues.
Under Employment Rights act 1996 it has been marked that statutory test of fairness is
required to be done. As this is helpful in assisting of the understanding that is related to the
section of judiciary which has been amended in order to deal with the unfair dismissal. Also
there are two types of test that has been mentioned and they are based on ‘band of reasonable
responses’. This has been further covered in the case of Lock v Cardiff in which court held that
that law was inaccurate in observing of code (Abbasi and et. al., 2017).
Explain the scope of the right for employees to be accompanied at serious
discipline and grievance hearings.
Grievance related issues these are that kind of issues which are of common interest or is
impacting the employee in terms of his personal life. These issues are very wide in nature and
employees is required to use any kind of factor that involves wages hours or condition of
employee upon grievance basis. Also various grievances are more difficult with the seriousness
of the issues that is difficult to settle. Seniority involves the promotion, transferring and list other
kind of grievances involves over growing job evaluation and assignment with incentives
Grievance procedures are needed: The process of grievance has been happening with
the course of action that has completed to provide employees. In order to provide points over
contacts and timescale for solving of problems. This is trying to solve the problems with
alternative to employment of other types.
CONCLUSION
From the above file it can be marked out that employment laws are one of the most
important kind of laws that has been helping an organization for taking care of employees.
Further in this file employ ment tribunal has been explained with the procedure used by it. Also
contract of employment has been covered with the transfer of undertaking. In this file equity act
has been covered with the principals that is being used in order to stop discrimination. Certain
laws related to employment law like health and safety, equal pay has also been covered. Then

equal pay has been covered and in the end grievance issues is being covered with procedure for
it.

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