Employment Law: Regulations and Liabilities for Employers and Employees

Running head: EMPLOYMENT LAW
Employment law
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1EMPLOYMENT LAW
Introduction
Employment law also is known as labor law, which helps to maintain the relationship
between an employee and an employer. There are several laws and regulations made to enhance
the relationship of the employee with their employers and unions. In case these laws are not
followed then illegal liabilities may occur. The enforcement of these laws are done by the
government agencies and they are legislative executive and judiciary. There are laws for child
labor, the working time of labor, dismissal of an employee, health and safety of an employee
whether it be a man or a woman (The City Law School 2016).
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1.
Pay- The minimum wage or the pay an employee must get totally depends on the type of
their work and age. The National Minimum Wage is the pay that every worker gets on hourly
basis. It is said that national minimum wage is less than national living wage and those workers
get it who are over the age of twenty-five. The owner must pay the employee correct wage and
must not depend on how small the work of an employee is. The worker must check their wage.
According to section 78 of The Equality Act 2010 every employee whether male or female has
the right to equal pay which means every single employee must receive equal pay for their work
and to increase the accountability of the business. It is the duty of the employer to check whether
the employees are getting proper minimum wage and they must repay the wage from their earlier
jobs. The employees must have information about gender pay gap. The regulations under the
Equality Act 2010 describes the information regarding employees, information regarding
employers, ways of calculating the number of employees, time of publishing the information. If

2EMPLOYMENT LAW
any employee violates these laws and regulations then it is considered to be an offense that is
punishable or certain amount has to be paid. According to the case Lawrence v Regent Office
Care Ltd (2003), it was said that the employer of this company only hired the male employees
and the women employees who were already working in that company were being paid less as
compared to the male workers. Further, the judgment of the court was that there should be no
discrimination among the workers of the company and everyone should be paid equally (Garden
and Slater 2018).
Leave- according to section 47c of Employment Rights Act 1996, an employee has the
lawful rights to take leave which is related to maternity leave or sick leave or paternity leave.
The statutory maternity leave is for fifty-two weeks. This leave is paid leave. There are certain
employment rights that are protected when an employee is on maternity leave. There are some
rights that include rising pay, extra build up holidays and return back to their work. There must
be prior notice submitted to the employer to apply for maternity leave. There are certain
organizations who discriminate amongst their employees for maternity leaves. They reduce the
payment or working hours of women, demotion on their work, and refusal on promotion or fails
to consult during their maternity leave. According to Nixon v Ross Coates Solicitors and another
2010, it has been said that there was gossip about an employee that she went to a Christmas party
with her colleague and while the party was going on they went into a hotel room and after few
weeks she was said that she was pregnant. After this news was spread in office she was
discriminated and harassed in her workplace and was gossiped about her pregnancy. The request
for her payment was refused and because of this, she had to go away from her work. The court
held with the decision that the organization was wrong of not searching the exact matter of the
pregnant woman and harassing her for no reason. No sex discrimination must happen in the