Employment Law: Regulations, Institutions, and Case Study

EMPLOYMENT LAW

Table of Contents
Introduction..........................................................................................................................................3
Meaning of employment law- .........................................................................................................3
Meaning of employer and employee- .............................................................................................4
Difference between employer and employee-.................................................................................4
Duties and rights of employer and employee-.................................................................................4
Regulations and institutions of employment law- ..........................................................................5
Employment Act , 2006 -.................................................................................................................5
Equality Act ,2010-..........................................................................................................................6
National Minimum Wage Act, 1998-...............................................................................................7
Case study:.......................................................................................................................................7
1. Rhidian Welsh- ......................................................................................................................7
2.Helena Bailey...........................................................................................................................8
Conclusion..........................................................................................................................................10
References...........................................................................................................................................11

Introduction
The Employment Law is one of the essential law in any legal system as it basically deals
with the rights and duties of the employer and the employee. It basically protects the employees
from being exploited by the employer. It creates the rules and principles that should be followed by
both employer and employee in order to run their relation smoothly1. It provides the regulations for
unfair dismissal, remuneration, working hours, health and safety of the employee, leaves,
recruitment, etc. This project discusses about the legislations, related case laws of employment law,
polices related to employment law and institutions which govern these laws. Moreover, it also
clarifies the two cases of Rhidian Welsh and Helena Bailey which deals with contractual
obligations and Right to religion respectively. Further, it also discusses about the addition and
abortion of the company's staff.
Meaning of employment law-
Employment law refers to the law which gives detailed clarification about the relationship
between the employer and the employee. The employment law provides for the principles that are
just and fair for both the employer and the employee. It also deals with the recruiting and dismissal
of the employee under the specified conditions2. It also provides assistance to employees to earn at
least minimum wage of the country as specified in National Minimum Wages where an individual is
liable to earn minimum wage if he is above 23 years of age. The Equality Act, 2010 specifies that
no discrimination should be done among the employees on the basis of caste, religion, gender,
grace, etc. so as to ensure free and fair treatment to all the employees of the company. Moreover, the
Work Act ,1974 provides for the healthy and safe working conditions for the employees of the
company. Further more, it also provides for the contractual obligations under employment,
maternity leave, equal pay for equal work, sick leaves,etc.
1 'Employment Rights Act 1996' (Legislation.gov.uk, 2022)
<https://www.legislation.gov.uk/ukpga/1996/18/contents> accessed 24 March 2022
2 'Employment Rights Act 1996' (Legislation.gov.uk, 2022)
<https://www.legislation.gov.uk/ukpga/1996/18/contents> accessed 24 March 2022
(2022) <https://study.com/academy/lesson/what-is-employment-law-an-introduction-to-employment-
law.html> accessed 24 March 2022

Meaning of employer and employee-
The employer and the employee are the two essential parties in any of the employment law.
Both the employer and the employee are dependent on each other under employment law.
Employer: The term employer means the person who recruits another person for giving him the
employment. Employer includes all the organisations, companies and enterprises who hire people to
work in their organisation while providing them regular payrolls3.
Employee: The employee is the person who is recruited for the employment by the employer.
Employee includes fully or part time working employees of the company.
It also include people who works in season, freelancer, experts working for short period of time.
Difference between employer and employee-
The employer and the employee differs from each other in many ways as described below:
The first difference between employer and employee is related to salary. Almost one fourth part of
the employer's salary is the total wages of the employee. The second difference is of the objective
and goal. The objective of the employer is to grow the business and develop it but the employee's
aim is just to secure its finance in exchange of services he is offering to the employer. The third
main difference is of the working of the employer and employee. The work of the employer is to
hire the employees and to see towards the working of the employees along with their allotment of
paid sick leaves, maternity leaves, etc.4 . In contrast to this, the employee is responsible to complete
the given task in an efficient and effective manner. The fourth difference is related to the controlling
power of the employer and the employee. The employer controls the day to day functioning of the
company whereas the employee works only according to the terms and conditions as stated in the
contract of employment. Hence, by this difference it could be understood that the employer has
more controlling powers if compared with employee of the company.
Duties and rights of employer and employee-
The term right refers to a condition where one person is entitle to a certain specific favour
for his benefit. The term duty refers to a situation where a person is under an obligation to act in a
3 US Legal I, 'Employment Law Law And Legal Definition | Uslegal, Inc.'
(Definitions.uslegal.com, 2022) <https://definitions.uslegal.com/e/employment-law/>
accessed 24 March 2022
4 'Employment Status' (GOV.UK, 2022)
<https://www.gov.uk/employment-status/employee> accessed 24 March 2022