Detailed Employment Law Report: Regulations, Practices, and Analysis

This report provides a comprehensive overview of employment law, focusing on its regulations and practical applications within the context of the Captify company. The report begins by outlining the aims and objectives of employment regulations and the roles of tribunals and courts in enforcing these laws, including methods for settling cases before and during legal procedures. It then delves into the principles of discrimination law in recruitment, selection, and employment, followed by an examination of the establishment of employment contracts. Further sections address lawful contract changes, redundancy law, and business transfers, as well as statutory rights related to leave, pay, and working time. The report also covers equal pay law, maternity, paternity, and family-friendly rights, health and safety regulations, and implied duties regarding employee management. It concludes with an analysis of unfair dismissal law concerning capability and misconduct, and the right to accompaniment at disciplinary hearings. The report aims to provide a thorough understanding of employment law principles and their practical implications.

EMPLOYMENT
LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 The aims and objectives of employment regulations.......................................................1
1.2 The role played by the tribunal and courts system in enforcing employment laws.........2
1.3 Ways to settle the cases before and during the formal legal procedure...........................2
TASK 2............................................................................................................................................3
2.1 The main principles of discrimination law in recruitment and selection and in
employment............................................................................................................................3
2.2 Establishment of contracts of employment......................................................................4
TASK 3............................................................................................................................................5
3.1 When and how contracts can be changed lawfully..........................................................5
3.2 The main requirements of redundancy law......................................................................6
3.3 The main requirements of the law on business transfers. ................................................7
TASK 4............................................................................................................................................7
4.1 Identification of major statutory rights workers have in the field of leave, pay and working
time.........................................................................................................................................7
4.2 Major requirements of equal pay law...............................................................................8
4.3 Explanation of major maternity, paternity and family friendly employment rights.........9
TASK 5............................................................................................................................................9
5.1 Major requirements of health and safety law...................................................................9
5.2 Significance of implied duties as regards the management of employees at work........10
5.3 Principles of the law on freedom of association.............................................................10
TASK 6..........................................................................................................................................11
6.1 Main requirements of unfair dismissal law for capability and misconduct issues.........11
6.2 Explanation of scope of the right for employees to be accompanied at serious discipline
and grievance hearing...........................................................................................................12
CONCLUSION..............................................................................................................................13
REFERENCES..............................................................................................................................14

INTRODUCTION
Employment law is the collection of laws ad roles that regulate the relationship between
employers and employees. Employment laws say when an employer can hire employees and
when the employees can work (Bagenstos, 2019). The laws cover what employer must pay the
employee for their work. When an employer want to hire someone, there are lots of laws that
employer have to follow. It is very important to provide wages and salaries to employees as well
as provide them with safe working environment. These are the laws that prohibits the employer
from the discriminating against applicants or employees based on certain characteristics.
In this present report, Captify company is being chosen for assessment. It is a small and
medium scale organisation that deals in data driven display specialising in search intelligence
and media decisions. Adam Ludwin and Dominic Joseph are the co-founders of Captify which is
launched in 2011. Company has achieved £1 million profit in the first years of its operations and
2015 company has increased gross revenue by 300% and employee base from 11 to 65.
Company is achieving the greatest heights.
This present report will make understand about the importance of employment laws and
regulations as well as ways to enforced them in practice. Further, report will also include the
ways to manage recruitment and selection legally,
TASK 1
1.1 The aims and objectives of employment regulations.
The framework or actions that guide the relationship in between employer and employees
is called as employment regulations. It is very important for organisations to follow all the
employment regulations. Organisation also apply the employment laws in there practices so that
they can smoothly run the organisation (Milligan and et.al., 2017). The aim of the employment
regulations is to protect the employees from discrimination.
Here are the objectives of labour laws are as follows:
Employer-Employee Fairness: Employment regulations act promotes the fair system
within organisation as it regulates the wages of employees and establishes the minimum wage as
well as overtime payments (Employment Law United Kingdom, 2019). It also governs the child
labour practices as no any employer is allowed to recruit children at workplace.
Employee Safety: This is another objectives of employment regulation as employers
under these laws are legally bounded to provide healthy and safe working environment to the
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employees. Employees should feel safe at the workplace. The human resource team of Captify
used to provide training on how to use the equipment and tools within organisation. For example,
the case of Kennedy v Cordia [2016], In this case Kennedy has felt down because of sleepy floor
that has lead to serious injury to Kennedy for which Cordia has to pay to her.
Protection From Disability: Laws also govern employer that how they have to behave
with employees as not any person can be discriminated against there disability. Opportunities
should be provided equally by employer to disable employees as similar to able person.
Gender and Age Equality: Employment laws also governs the employer that they are not
allowed to discriminate any applicants or remove old employees from service on the basis of age
if they are older than 40 (Kavanagh and McRae, 2017). Further, employers are not allowed to
refuse any applicants or remove employees on the basis of gender as women and men all gave
equal opportunities.
1.2 The role played by the tribunal and courts system in enforcing employment laws.
Employment tribunal are the public body which is situated in the nation in the United
Kingdom with the authorization to hear, judge as well s deliver decision regarding claims along
with disputes between employer and employees. Employment tribunal is very important for
leading the nation as without them it is not possible to work. The fundamental roles played by
employment tribunal in UK is to resolve the disputes arising between employees and employer in
the organisation. They need to provide decision which is right for the victim party. The
requirements of equality in employment as well as in workplace is the reason behind the
establishment of UK employment tribunal (Walsh, 2015).
On the other hand, another role played by employment tribunal is to listen as well as
make decision on the disputes associated with the unfair and wrongful dismal claims and claims
regarding dismal, equal pay, discrimination, deduction, breach of contacts, redundancy, holidays
leaves and employment based unions (Roles Played by UK Tribunal Court, 2018). Further, the
most important role is the role of presence, as people or employer have fear that there is authority
sitting in the parliament that will not allowed to commit any wrong activities or practices.
1.3 Ways to settle the cases before and during the formal legal procedure.
Settles agreement is an agreement that is legally binding between employer and
employees. The main aspects of settle agreement is that workplace issues must be solved but the
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relationship do not comes to the end (Morrison, 2019). The best way to settle the cases before the
formal legal procedure are ADR, Alternative Disputer Resolution are:
Mediation: In this method, where a meeting is conducted among the parties in which
settlement is facilitated by neutral third party is known as mediator. Mediator is qualified person
who is well-known about background of the business. The decisions provided by mediator is not
bounded to any party as thy can refuse them.
Determination of Experts: In this employer or employee involve experts that include
the party cases as well as key evidence and then to make a binding decision. The decision made
by them are enforced in the tribunal.
Arbitration: It is a neutral third party nominated by the parties to form a binding
decision. The process for the arbitration is agreed between the parties and could reach from the
very informal to a format that is all but same to a court case (Harten, 2016). The cardinal
repulsion of arbitration are its confidential nature, its informality along with the fact that an
arbitration award is basically easy to oblige in other nations than the judgement of court.
The best way to settle the cases during the formal legal procedure is that one part either
employer or employee is back-out from the case.
TASK 2
2.1 The main principles of discrimination law in recruitment and selection and in employment.
Recruitment and selection are the basic part of the company where candidates are
selected for performing the job role. Under the UK employment laws, employer should appoint
the person for the job regardless to the background and personal characteristics. Here are the
some main principles of recruitment and selection:
Principle of Disability: According to this principle, employer allowed hiring the person
on the basis of quality, abilities, education, skills and competencies. No any candidate should be
discriminate on the basis of his/her disability (Thompson and et.al., 2016).
Principle of Fair recruitment and Selection: According to this principle, it is
mandatory for employer to select the candidate during the recruitment on the basis of skills and
qualification as candidate can file case against the company if they feel they are not selected
because of any other reason like discrimination on the basis on gender, caste, race, disability etc.
Principle of Age and Gender Equality: According to this principle to discriminate any
candidate on the basis of age if they are older than 40. If applicants perform the job, employer
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should hire them. Further, recruitment and selection process should also demonstrate gender
equity as no any person is allowed to discriminate on the basis of gender like men are preferring
more and women less (Estlund, 2018).
Direct Discrimination: It is when a person is treated differently and worse than someone
else for certain reasons. The Equality Act says you've been treated less favourably. Direct
discrimination can be because of: age. Disability.
Indirect Discrimination: It is a type of discrimination when there's a practice, policy or
rule which applies to everyone in the same way, but it has a worse effect on some people than
others. It happens when an organization apply the same policy for all but some people being
discriminated who shares protected characteristics. The Equality Act says it puts you at a
particular disadvantage. Some examples includes: Race, gender, age etc.
There are nine protected characteristics which are as follows-
 Age
 Disability
 Gender reassigned
 Marriage and civil partnership
 Race
 Religion
 Sex
 Sexual orientation
 Maternity & pregnancy
2.2 Establishment of contracts of employment.
Employment law is mainly established on contract law. A contract of employment exist
between two parties which are employees and the employer. Contract law states that to create a
legally enforceable employment contract. An employment contract is an agreement between
employee and employers as well as it also establish employment relationship. The contract of
employment is starts when employee starts work in the company even there is nothing in writing.
 When the job offer is accepted either in writing or verbally.
 The offer which is accepted was unconditional,
 All the terms and conditions are clearly defined by the organisation or employer.
 All the promises made by employer are legally binding.
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Terms of Contracts:
 The contract must be in writing like post, payment, leaves and all other deduction.
 Statutory terms are the concern of employment law (Thompson and et.al., 2016).
 Rights and responsibilities are all cleared by the employer.
TASK 3
3.1 When and how contracts can be changed lawfully.
When a contract is made there are so many conditions arise when employer or employees
look over to change the contract. The requirement of bring change in the contract act lawfully
when parties to contract are disagreed like employees and employer; outcomes are not effective;
government intervention etc. In order to change the contract legally, there are some ways by
which a contract can be changed to get better outcomes (Kirchner and Morgenroth, 2018).
Consulting employees: If employer is bringing any change in the employment contract,
they should have to consult employees so that outcomes is also supportive and positive. It has
been seen that employers do not contract with the employees but if they followed it will maintain
a good relationship between them.
Changing in laws by government: This is another reason that brings legal changes in
the employment contract law. Government usually amend the laws and legislations as per the
recent trends and economic condition. Such as in wages rates, leaves, working condition, health
and safety act, retirement act etc.
Influences of Trade Union: This is another way that result in changing the employment
contract act (McGinley, 2016). Trade union have right to bring change in the policies and
strategies if they are not satisfied but it should be ensured that demands should be authentic.
In the context of construction contract, a variation can be defined as an alteration to the
scope of works in the form of substitution, addition from its actual scope of works. There are
some steps includes in change management process such as: Creation of changes on urgency
basis. Changes can be made only when, the company really wants to make. After that they
require to make an effective team, create a vision, communicate vision among all employees, to
manage negotiation, execution, performance, modification in contract if required or termination
of contract.
 Reviewing the current process and setting the goals as per the amendments.
 Reviewing the legal procedure to bring the changes in policies.
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Sending out emails to the whole team in the organisation.
3.2 The main requirements of redundancy law.
Redundancy law is the law where employee is entitled to a minimum notice period of 12
weeks notice of employed for 12 years or more. At least notice of one week if employee have
been employed between one month and two years. Further, a notice of one week for each year if
employees is working between two and 12 years.
Here are the requirements of redundancy act given below-
 Employer should follow right and fair process as it is important that employer should
make their employees know the reason for redundant (Cabrelli, 2016).
 Employer are allowed to give employees for minimum notice period as discussed above.
 Employer are entitled to clearly make employee know about each and every information.
Steps that need to be followed to manage a redundancy situation are as follows-
Step 1: Preparation: This includes assessing whether redundancy is actually necessary before
starting the process.
Step 2: Selection: This includes selecting the pool of people under consideration for redundancy.
Step 3: Individual Consultation: There are legal time frames regarding consultation depending
upon the number of people being made redundant.
Step 4: Notice of Redundancy and Appeals: Always remember to write to your employee to
inform them of the dismissal and allow them the right of appeal.
Step 5: The Termination Process: All employees with more than two year’s service qualify for a
statutory redundancy payment.
UD 1169 is a case of unfair selection for redundancy. The claimant was employed as a
development officer and claims that other departmental officers do not have as much experience
as he has. After several days, that claimant was made redundancy as respondents advertised a
development officer. The claimant applied for that post but got unsuccessful. Respondents said
that out of approximate 60 DVO's, 8 were made redundant. Tribunal also found and said that
respondents used unfair procedure (Relevant case for redundancy, 2013.) They also said that
claimant was dismissed unfairly and was awarded the sum of approximate of €27,500.
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3.3 The main requirements of the law on business transfers.
Business transfer refers to the movement of the business from one place to others.
Transfer of undertaking regulation (Protection of employment). The main purpose behind this
TUPR regulation will be for preservation of employee’s terms and conditions at the time when
business or firm is part of or is intended to be transferred to new employer. This will cover
certain things like that where any sole trader or partners in partnership agreement is transferring
to other. This complete regulation will be applicable onto the transferred undertaking irrespective
of size. There will be some major requirements for this TUPE regulations like information
related to employer’s liability should be given to the new employees who would be transferred.
Its other requirement includes like that of:
 Employee’s jobs would usually be transferred over the new company however there will
be certain exception into this rule stating that if business is declared to be insolvent.
 It is also required that company is transferring whole terms and condition of the
employment contract to new employer
 Another requirement is continuation of employment under employment law that needs to
be maintained.
TASK 4
4.1 Identification of major statutory rights workers have in the field of leave, pay and working
time
There are mainly 3 types of basic and common rights for workers such as right to deny to
work at unsafe place, right to participate at workplace and some activities related to health and
safety, right to get equal pay and right to get enough leave as per the terms and conditions of
employment law.
Statutory sick pay: According to this law, each and every employee has right to get
£94.25 per week as a statutory sick pay. It can be applicable only when, an employee is too ill to
work, then they are eligible to be paid by their employer for up to 28 weeks as a sick leave.
There is a requirement to qualify for SSP (Adams, 2016).
Legal redundancy pay: According to this law, if an employee work in the same
organization for 2 or more than 2 years, then they are eligible to get half a week's pay for each
full year.
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Maternity-paternity leave pay: Under this law, male employees can take up to 2 weeks
as a paternity leave. Week rate of paternity pay is 90% of their weekly earning. On the other
hand, maternity leaves are given to biological mothers. If a female employee is pregnant then
after the baby is born, they can take this leave.
In the context of working time there is a statutory right to work at least 5.6 weeks of paid
annual leave. A maximum work week is 48 weeks. In the context of break time and working at
night there is a rule is to have at least 11 consecutive hours rest in the 24 hours period. In other
words it can be said that employees are entitled to at least 11 hours rest per day, 1 day off in per
week. Workers can receive on average 90hours rest per day. For young employees there is a
minimum rest period Is any 12 hours in total 24 hours a day.
In the context of night shift, working hours and break it is stated that, employees can not
work more than 10 hours in night. They can also not do night shift no more than 5 times every 2
weeks. Total 22 times in a year they can do night shifts.
4.2 Major requirements of equal pay law
Equal pay is the right for both male and female workers to be paid the same and
equivalent amount for the work. According to this law there is a requirement for employers; to
pay equally to their both male and female employees as per their work.
According to the equal pay act 1970, there is a requirement for employers to pay men and
women equally for equal work. This law also protects workers against sex discrimination as per
their contractual pay conditions and terms (Chassagnon and Baudry, 2016). The main aim of
implicating this law is simple as to makes sure that men and women are doing same and equal
work for the same. Employers are also responsible for providing the same rewards. According to
the employment contract, terms and conditions, employers must give equal treatment to men and
women if they are employed to do similar work, work found to be of equal value.
Employees are entitled to know that how employers are making up their pay. For
example, if any organization have bonus system for each and every employee, then there is a
requirement for employers to get all employees know that how to earn bonuses and the way of
calculating.
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4.3 Explanation of major maternity, paternity and family friendly employment rights
In the context of family friendly leave employment rights, it includes maternity, paternity
and adoption leave. Maternity, paternity rights in the UK are being applied to parents both after
and before birth and adoption. The main aim of proving this type of leave is to give enough time
to mothers and fathers to maintain family responsibility. According to the maternity leave right,
those employees are eligible for this type of right who have a baby and can take up to 52 weeks
as a maternity leave. On the other hand those employees are eligible for paternity leaves who an
employees and their parters are having a baby, adopt a child and having a baby through
surrogacy arrangement (Eligibility for maternity and paternity leave, 2019).
When an employee takes a time off for adopting a child or going to have a child through
a surrogacy arrangement, they can be eligible for statutory adoption pay and leave. It also can be
taken up to 52 weeks in which first 23 weeks are known as ordinary adoption leaves and
remaining last leaves are known as additional leave.
In the context of family rights, it is an effective policy that makes it possible for
employees to make balance between family and work. The main aim of providing this type of
leave and taking right of this law is to fulfil family and work obligation. It is beneficial for
families, employers and society.
Family rights is not only limited to give paternity and maternity leaves but also related to
protect their child. It includes education, security, health, morality. Right to access, child support.
Family laws says that there is a requirement for both parents to support their children in all
manner even after marriage breaks down until the child is 19. If child live with one parent then
other parent has access to give important information and support as well.
TASK 5
5.1 Major requirements of health and safety law
Health and safety law states that employers of an organization have responsibility to
ensure that all their employees are safe and protected at workplace. There are some health and
safety law like 1974, 1999, 1995, 1977 etc. Health and safety law 1974 explains all duties of
employers of Captify company. The main and important principle of this law is that employers of
this company have duty to protect safety and health at working place of all employees.
Legal requirements
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According to this law, there is a requirement of having a written health and safety policy
statement, if the company has 5 or more than 5 employees. It shows the way of managing this
law at workplace and also ensure employees that they are working at safe place.
There is also requirement to eliminate and control of any potential risk of work related
violence. Employers also need to provide appropriate safety and health training to all their
employees about using safety equipments etc.
A relevant case law is Kennedy V Cordia. According to this case law, an employee as a
home carer slipped on an icy and slippery path when visiting a client (Relevant case for health
and safety law, 2016). She took legal action against employer and claim breach of health and
safety regulation. Employer then include sufficient risk assessment.
5.2 Significance of implied duties as regards the management of employees at work
Implied terms include statutory rights like right to equal pay, duty to care, duty of mutual
trust and health and safety. It also allows the court to give justice to both parties in employment
contract.
Some important implied terms in context of several laws are described as follows:
Duty to take care: In the context of health and safety, there is a duty of employer to
make sure that employees' mental as well as physical health is taken care during employment.
Duty to maintain mutual trust: In this duty, employees often claim to have been
dismissed and discarded. It includes sexual harassment, bullying, verbal abuse and imposing
unfair conditions (Clifasefi, Lonczak and Collins, 2017).
Duty to pay: It says that if employers of Captify company do not give the correct pay
then legislation of equal pay will imply a term that employees are entitled to appropriate
remuneration for the work which they are being provided.
The main aim and importance of developing implied terms is to dismiss an employee
without giving them prior notice. During the employment, employers are responsible to treat
their employees fairly just like this, employees also have some implied duties to which they need
to follow.
5.3 Principles of the law on freedom of association
Freedom of association is fundamental labour rights. According to the rights to freedom
of association is called an enabling right which provide freedom to workers to join organization
of their own choice. Employers can not bind any worker to join their organization. Everyone has
10

rights and freedom of association with others and to join trade unions. Freedom of association is
related with both individual and collective rights to participate in political parties, any
association, organization etc.
Some principles of the law on freedom of association includes justice, dignity, respect,
equality, autonomy etc. It is all related to rights of member of trade union. A trade union refers
an organization whose workers want and try to protect members of trade union. By influencing
and negotiating with employers' on the condition of pay of work. Trade union are mainly
responsible for providing legal advice, education facilities, financial assistance to their all
members. Any type of individual can join a trade union as there is no restriction for any type of
individual as all members are treated equally (Haas III and et.al., 2018).
TASK 6
6.1 Main requirements of unfair dismissal law for capability and misconduct issues
There are several reasons of unfair dismissal such as misconduct, capability, redundancy
etc. Unfair dismissal is a part of UK labour law by which companies required to treat fairly in the
cases of dismissal and termination of employees. In the context of misconduct by Captify
company, it is stated that it has never had to take any formal disciplinary actions against
employee before.
According to this dismissal law there is a requirement by the company to give a fair and
appropriate reason to employees for dismissing them. For example, if an employee of Captify
company has proven dismissal, then there is a requirement for the company to find out and give
authentic reason for dismissal. The second stage is to establish whether the fair reason given by
the company was sufficient to be judged as reasonable.
Capability means ability that can be affected by health quality and aptitude. Employers
can dismiss any employees on the basis of capability or if an employee is not able to perform
given job. There can be several reasons of capability such as illness, carelessness, negligence etc.
In the case of illness and nervous breakdown, then it will be called less reasonable to dismiss. In
this special case, employers will be liable for more compensation.
It has affirmed by the employment Appeal Tribunal that if an employee take undue
advantage and take fraudulent sick leave then according to the implied term of trust can be
dismissed for misconduct (Relevant case for unfair dismissal law, 2019). There is a relevant case
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in which a pregnant worker challenged working hours wins unfair dismissal claim. A care
assistant was dismissed from the company after completing 48 hours week job because she was
pregnant and it was the case of unfair dismissal so she has been awarded more than £35,000 as a
compensation (Martin and et.al., 2016). It was a kind of unfair dismissal which can be done by
several employees for getting enough pay.
Acas code of practice on grievance and disciplinary procedures gives a practical guidance
to people and employers for handling these types of issues in workplace. To become failure to
follow this code does not make a person as well as organization liable to organization. At this
time employment tribunal take it into account while considering relevant cases. This code helps
employees and employers to deal with grievance issues within workplace. This can be useful at
the time of unfair dismissal of employees. Employees can take help of this code of practice and
claim on employers. It is all required for fairness and prevent themselves from lawsuit.
6.2 Explanation of scope of the right for employees to be accompanied at serious discipline and
grievance hearing
Scope of the rights of employment includes all activities that employees are reasonably
expected to perform their job. Within this range of activities, employer of Captify company help
liable for employees' actions when a 3rd party is injured by employees' conduct. There are some
things which need to be considered by Captify company when inviting an employee to a
disciplinary hearing. Employers requires informing their employees of their statutory right to be
accompanied during hearing. To make sure that what the companion can and can not do at the
hearing (Hawkins, 2019).
If any worker is facing with disciplinary meeting in the context of Captify company and
at England, then they have legal rights to be accompanied during the meeting. If an employee of
this company have a grievance to raise with their employers' then they have right to be
accompanied at the grievance hearing.
Appeal meetings
There are several benefits and scope of right for employees in the context of grievance
and discipline hearing. When an employee feel that the company has taken any disciplinary
action against him/her that is wrong then, he/she may appeal against the decision. Workers may
also request to employers to conduct and have an appeal meeting if they feel that grievance has
12

not been resolved satisfactory. Employers are responsible to hear their appeal without
unreasonable delay. So it can be said that employees have a right to be accompanied at an appeal
and disciplinary hearing. A fellow worker that does not have a conflict of interest and a trade
union representative qualified in order to accompany a worker or an official employed who is
employed by a union who can get to the meeting. A conflict of interest is a situation where
organisation and employees are involved in multiple interest and it leads working against
another. Breach of statutory disciplinary procedure means unfair dismissal. In this type of
situation, employees can appeal meeting if they feel that their problems related to grievance has
not been solved fairly. At this meeting employees require to prepare and told about allegation, to
present a copy of employer's disciplinary procedure, to attend disciplinary meetings and appeal.
CONCLUSION
From the above study it has been summarized that employment law played a vital role for
an organization to enforce them at their workplace. It prevents them against any law suits and
also decrease labour turnover within an organization. It has also shown requirements of
following health and safety law at workplace, unfair dismissal laws, maternity and family
friendly employment rights etc. Further this study has explained the importance of following all
principles and requirements of discrimination law in the process of recruitment and selection.
Implied duties for employers and employees also played an important role as it helped the
company to manage working environment and employees effectively. It has also given a brief
explanation and defined the ways of settlement of cases during as well as before legal
requirements in the context of employment law. There are some ways of changing employment
contracts lawfully along with actual time and appropriate reasons. Lastly this report has shown
the importance of having proper knowledge and scope of the right for workers to be
accompanied at serious grievance as well as discipline hearing.
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