Triangular Employment in Employment Relations in UK: A New Law Assessment

This report assesses the introduction of a new law in UK called Triangular Employment in Employment Relations, which involves three parties: employer, employee, and controlling third party. The report justifies the need for the law, describes its advantages and disadvantages, and explains how it affects stakeholders. It also provides recommendations for the implementation of the law.

Employment Law Assessment

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
Recommendation for new law.....................................................................................................3
How is it valid to be introduced?.................................................................................................4
Advantage and disadvantage.......................................................................................................5
How is it affecting the stakeholder?............................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Employment law is that area of law which mainly govern employee and employer
relationship. The present study also helps to understand the importance of relationship between
the members and for that new law will be introduced in UK. However, there are many laws
which were already introduced and companied are also followed the same. The current report
will be based upon new law which is Triangular employment in employment relations in UK.
Thus, the report will justify the reasons for introducing the law and describe pros and cons of
using the law in a workplace. Also, assist how it is affecting the stakeholders who will be
associated with the law.
Recommendation for new law
The new law is proposed for the present study which is fall under employment law only.
Through Triangular employment in employment relations involves three parties which includes
employer (agent), employee and a third party who may control the employee i.e. known as
controlling third party. The rationale behind introducing this law is such that in many company’s
employees could not raise their personal (Kokkinis and Sergakis, 2020). Further, this law assists
to share the views of employees and instant solution so that effective results can be generated.
For example, an employee is sent home by controlling third party for an unspecified reason and
told not to return. This in turn reflected that controlling third party is no longer wants that
employee in their working environment. In order to solve such type of issues within a company,
there is a need to add new laws within an employment act so that employee feel values and their
issues can be resolved.
In addition to this, the need of arising or introducing this law is to resolve the personal
issue of employees. Though there will be many legal issue faced by the employees while
formulating the Triangular employment in employment relations. It is so because employees are
engaged with the legal obligation to the employers and there is a need to comply with the defined
laws (Daniels, 2019). This in turn assists to generate the better outcomes and in UK, there were
many different laws and act already introduced for favour of employees but by involving such
law will assist to create a better outcome and fair deal between each other.

How is it valid to be introduced?
There is a need to introduce the law within a country and the rationale behind the same is
such that it addresses the gap in legislation in relation to employees. With the help of this law,
employee could bring a personal grievance i.e. bullying, harassment and discrimination against
their employer (Nsubuga, 2019). Earlier laws were limited their ability to take a personal
grievance so there is a need to involve another party within a working area so that effective
actions can be taken. Along with this, the new law will assist to make actions immediately so
that they can get easy solutions. There are many common situations where triangular
employment occurred which include where an employee is employed by a recruitment agency
and then they might sent them to another organization for a work (Lewis and Sargent, 2020).
This is also known as labour – for – hire and this type of examples are quite common which are
found in most reputed agencies.
In such type of situation, third party have proper control and the role behind this is to
perform their daily work for the benefit of third party till the arrangement ends. They also have a
direct control over an employee similarly to employer. In this type of situation personal
grievance process can be helpful to employees which covered under Employment relation act
2000 so that the employer and employee relation cannot be affected. For example, in UK the
case of Ramphal vs Department for Transport where the decision was unfair (Mr I R Ramphal v
Department for Transport: UKEAT/0352/14, 2020). In this case, Goodchild was appointed with
no experience of conducting disciplinary procedures and investigate misconduct in relation to the
expenses and as a result, Ramphal had claimed to use of his cars. Thus, due to not having enough
experience, he finalises many report of his misconduct. Further, meeting with HR concluded that
Ramphal had knowingly missed his employer’s credit card and as a result dismissed on the basis
of final report.
In this situation, the new law can be helpful where employee can share their personal
grievances and the decision will be finally approved by the court where employee get actual
result either in favour or against (Gold and Rees, 2018). Through this law, it can be stated that a
third party can be involved within a decision and with the help of proper investigation the
decision can be made. Thus, it can be stated that with the help of new law i.e. Triangular
employment in employment relations, the relation between the employee and employer can be

maintained for a longer term and this assists to generate the best outcome. Also, under Smith,
Baker and Warnock (2019) critically analyse that on the collective level, this edition includes a
consideration on an impact of Trade Union Act 2016. While the UK courts on an impact of
human right law.
Another famous case law which was recently taken place i.e. Blackburn v Aldi Stores Ltd
which in turn is related to the present new law. Here, the claimant raise a grievance which was
heard but unfortunately rejected. The claimant also appealed and again rejected, as a result
appeal was rejected and claimant resigned from the post which is considered as an unfair
dismissal at ET. Thus, there are many cases where employees were not heard and as a result, the
decision taken was against them. To solve the personal grievances there is a need to introduce
the law i.e. Triangular employment in employment relations where employee share their views
and both employee as well as employer can apply to Employment Relation Authority or any
court where they can join a controlling party to resolve the problem (Inyang, 2020). On the other
side, in Dacas v Brook Street Bureau, the UK court of Appeal was called to determine if an
agreement between a temporary worker and employment agency able to increase the contact of
employment between worker and end user. In this situation, the temporary worker was paid by
third party in order to settle down the issues.
In this type of situation, Authority or Employment Court must also grant the application
in order to join a controlling third party. Through this, the employee gets positive response so
that they can get benefit and get a result in their favour as well. Hence, it can be stated that with
the introduction of such law, an individual can generate better outcome and provide effective
way in order to derive better outcome.
Implementation: In order to implement the new law into a country, government needs to
organise a special committee for the same who monitor whether companies follows the same or
not. In this, different rules and regulations are described below:
 Each top organisation (with 250 +employee) have to comply with this law.
 Controlling third party is advised to finish the same within 90 days of limitation period.
 The third party should make decision by hearing both parties.
 If any party will breach the law, then they have to pay £250 as a penalty and
imprisonment of 3 months.

 The parties must have valid evidence that clearly shows about personal grievance because
after committee’s decision, the solution will be offered in term of controlling party.
 At least two days will be offered to the party who wants to file a case against their
personal grievances.
The procedure is as mentioned:
 In the first stage, bring all the personal grievances in written form. Through this, the
options will be understood which means the controlling party can accordingly respond
the grievances. Further the grievances form can be download by the official website
where each section needs to be filled. In this, employer may be not follow the formal
procedure then employee should claim to employment tribunal.
 For that a formal procedure needs to be followed by the employees in which employment
law needs to be complied along with the defined tenure of submitting the application i.e.
10 days.
 Responding the formal grievance where ACAS code will be followed. In this, all
personal information need to be protected while resolving the issue and make decision.
 After than involve mediation which can be a third party, supervisor, trade union
representative or anyone. A proper solution will be provided to the employees and both
parties needs to be agreed with the same.
 In this, a formal meeting needs to be conducted where all the decision should be taken
that helps to make decision effectually. In this stage, controlling party makes
investigation that helps to make decision properly.
 The defined tenure for this procedure is 90 days and it is the duty of controlling party to
resolve the same within a defined tenure.
 Once the decision taken and it is not satisfied by employer, then they can raise he appeal
if the decision taken in wrong or unfair manner.
 At the end, employee need to make the record in written form so that organisation or
employers cannot be treat un unfair manner.
Advantage and disadvantage
Advantage:

 The biggest advantage of using this law within a country is such that it will help to
generate a better outcome in a fair manner (Astra, 2020). With the help of this law,
country also improve relationship between all employees and employers and took an
advantage of their own rights.
 By introducing this law, companies decrease unnecessary dismissal and discrimination so
that employees can get different opportunities within a firm (Ljungholm, 2018).
 The law will provide adequate protection for employees so that they can derive better
outcome and their personal grievances can be resolved within a defined tenure.
Disadvantage:
 The biggest disadvantage of using this method is such that most of the contracting
agencies do not fully comply with a law regard to employee benefit such as insurance
pension (FitzRoy and Nolan, 2021). This in turn reflected that most of the companies do
not adhere.
 The process of triangulation employment is too long such that it will delay the process
and that is why, most of the employees will not involve third part involvement.
 Due to increase unemployment issues in UK, employers mainly give unreasonable
employment term to employees and they leave the job as well. This in turn affected the
employment law and also causes negative impact over employee and employer
relationship (Painter and Holmes, 2015).
How is it affecting the stakeholder?
The new law definitely affects different stakeholders who are related to new proposed
law and this might affect the overall project. Different stakeholders pertaining to the present law
are government, consumers, regulatory agencies etc. For example, the government is the key
player among all stakeholders and regulates as well as proposed new law to the respective
regulatory bodies. Thus, a new proposed law affects the regulatory agencies, as they have to
adjust the roles according to the new law so that citizens will be benefitted from the same (Jakab,
2018). However, regulatory agencies and analysts mainly involve to implement new laws and
enforce laws which in turn assists to meet the defined aim. Similarly, the new law affect the
stakeholder in positive manner as well. For example, in the context of consumer who will be

going to get benefit from the law is such that employees will easily file a complaint against new
law and this assists to get solution easily.
In addition to this, there must be a proper stakeholder engagement so that they can
generate a better outcome because they can either support to oppose decision and it might
influence the organisation as well. Hence, it can be stated that government proposed Triangular
employment in employment relations in the relevant regulatory bodies so that they can share
their views pertaining to the same (Aylott, 2018). Thus, role of government as a stakeholder is to
control and define how enterprise are able to operate so that effective outcome can be generated
in order to resolve the employee issues. However, it has been critically analysed that
involvement of all stakeholders within new proposed law will assist to create a better outcome
and law will be designed in order to solve the employee’s problem.
CONCLUSION
By summing up above report it has been concluded that the new law i.e. Triangular
employment in employment relations must be introduced by the country and this in turn causes
positive impact over the employee because their personal grievances can be minimised. Also, the
report concluded that it is valid in UK because majority of the cases are related to employment
and as a result, employees faces many issues. Thus, by introducing this law will help to provide
valid outcomes and according to the defined benefits it can be also stated that the law is
beneficial for employee. The law can affect the stakeholder in positive as well as negative
manner such that involving all the stakeholders assist to identify their views pertaining to
proposed law. However, not involving the others might influence the implementation of law in
negative manner. That is why, whenever a new law is proposed, then it stakeholder involvement
should be done to create a better outcome.

REFERENCES
Books and Journals
Astra, E., 2020. Selwyn’s Law of Employment. 21st ed. Oxford University Press:Oxford
Aylott, E., 2018. Employment Law: A practical Introduction (The HR Fundamentals). 2nd ed.
Kogan Page:London
Daniels, K., 2019. Employment Law. 5thed. CIPD: London
FitzRoy, F. R. and Nolan, M. A., 2021. Employee participation, job quality, and
inequality. Journal of Participation and Employee Ownership.
Gold, M. and Rees, C., 2018. The regulation of takeover bids in the UK: An evaluation of
provisions for employee involvement. Economic and Industrial Democracy,
p.0143831X18796273.
Inyang, U., 2020. Whistleblowing as a Corporate Governance Mechanism: A Comparative
Analysis of Employee-Whistleblower Protection in the United Kingdom and
Nigeria. Available at SSRN 3547899.
Jakab, N., 2018. Systematic thinking about employee status. LESIJ-Lex ET Scientia International
Journal. 25(2). pp.56-68.
Kokkinis, A. and Sergakis, K., 2020. A flexible model for efficient employee participation in UK
companies. Journal of Corporate Law Studies. 20(2). pp.453-493.
Lewis, D. and Sargent, M., 2020. Employment Law: The Essentials. 15th ed. CIPD:London
Ljungholm, D. P., 2018. Employee–employer relationships in the gig economy: harmonizing and
consolidating labor regulations and safety nets. Contemporary Readings in Law and Social
Justice. 10(1). pp.144-150.
Nsubuga, H. J., 2019. Employee rights in corporate insolvency: a UK and US perspective.
Routledge.
Painter, R. W. and Holmes, A.E.M., 2015. Cases and Materials in Employment Law. 10th ed.
Oxford University Press:Oxford
Smith, I; Baker, A. and Warnock, O., 2019. Smith and Wood’s Employment Law. 14th ed.
Oxford university Press:Oxford.
Online
Mr I R Ramphal v Department for Transport: UKEAT/0352/14/DA. 2020. [Online]. Available
through: <https://www.gov.uk/employment-appeal-tribunal-decisions/mr-i-r-ramphal-v-
department-for-transport-ukeat-0352-14-da>.