Importance of Employment Law and Discrimination Issues

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