Employer and Employee Duties: Impact of Employment Law on Business

This essay explores the intricacies of employment law in the UK, focusing on the contractual duties of both employers and employees. It analyzes the Employment Rights Act 1996 and the Equality Act 2010, highlighting key aspects such as minimum wage requirements, anti-discrimination policies, and provisions for various types of leave. The essay details the specific duties of employers, including ensuring fair wages, providing a safe working environment, and fostering employee development, while also outlining the responsibilities of employees, such as adhering to company policies and acting in the best interests of the business. Case laws like Cummins Ltd v Mohammed and Forstater v CGD Europe & Ors are referenced to illustrate real-world applications of employment law principles. Finally, the essay discusses the significant impact of employment law on business organizations, emphasizing its role in protecting employee rights, promoting fair labor practices, and shaping business policies, while also acknowledging the increased costs associated with compliance. Desklib offers a wealth of similar resources for students.

Issues in Business
Organizations

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Task........................................................................................................................................1
In the context of the contracts of employment, analyse the duties applicable to an Employer
and an Employee and explain how Employment law would impact a business. ..................1
CONCLUSION................................................................................................................................5
References:.......................................................................................................................................6

INTRODUCTION
The term business refers to the exchange of goods and services between the individuals.
The exchange of goods and services are done against the consideration that is to be paid by the
buyer of the goods. The law that directs and controls these business transactions are known as
the business law. There are various laws and legislations that are to be applied on these business
transaction in United Kingdom. These business laws are framed by the legislature of the country.
These laws explains about the principles that is to be followed by every individuals who is doing
the business transaction(Akhtar, 2020). This essay would explain about the concept of business
law along with the employment law. It also outlines the functions of the employer as per the
employment law of the nation. It also details about the effect of the employment law in the
business organisation.
MAIN BODY
Task
In the context of the contracts of employment, analyse the duties applicable to an Employer and
an Employee and explain how Employment law would impact a business.
The employment contract is done between the employer and the employee of the
company. The employer is the person who recruits any other person for the work in the business
arrangement. The employee is the person who gets recruits by the employer in order to work in
an organisation. There is a legal contract that is signed between the employer and the employee
with reference to the employment in the business organisation. The employee works under the
certain conditions and terms that is prescribed and written under the contract of employment.
More over, the employer and the employee is bound to follow the specifications that are being
contained under the contract of employment. The employment contract contains about the rights
and the duties of the worker. It also includes about the working conditions, paying details, fixed
time period of work, overtime pay, interval details, etc. that is applicable in the business
organisation under which the worker is working(England, et.al, 2020).
The Employment Rights Act, 1996 explains about the relationship between the employer
and the employee of the company. This act also contains about the rights and the duties of the
recruiter as well as the worker of the organisation. This act provides for the holidays, paid leaves,
paid maternity leaves, pregnancy leaves, parental leaves and holidays, sic leaves, casual leaves,
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etc. that is to be applicable on every employee of the company. This act also specifies the status
of the worker in an organisation such as the regular worker, casual worker, permanent worker or
temporary worker. The casual worker is the worker who works on a temporary basis in an
organisation. Such casual workers must be paid with the casual sic leaves I the organisation.
Moreover, the permanent workers are paid with the maternity, parental , holidays, paid leaves,
etc. in an organisation(Khan, et.al, 2019). The Equality Act, 2010 explains that there must be no
case of discrimination in an business organisation. The Equality Act prohibits the unequal
treatment among the employees of the company. It proves for nine basis on which discrimination
cannot be done in the business institution. These nine grounds are called as the protective
characteristics of discrimination in an organisation. The grounds includes that no discrimination
can be done on the basis of sexual orientation, maternity, race, religion, caste, gender, disability,
pregnancy, sex, etc. in an arrangement. This act also restricts the employer to frame any policy
that would result in top the unequal treatment between the employees of the company.
The Minimum Wages Act, 1948 would explain about the the employers have to pay the
minimum wages to every employee of the company. The employer has to pay at least the
minimal wages irrespective of the status of the employee. For instance, the employer has to pay
minimum wages whether the employee is the casual worker or the permanent worker of the
company. The minimum wages are regulated annually by the government of the country as per
the inflation rate of the nation. These minimum wages are to be classified further into two
categories such as the National Minimum Wage and the National Living Wage. The National
Minimum wage is for the employees whose age is more than 23 years of age. Presently, the
NMW is £9.50 per hour in United Kingdom. The National Living Wage is to be paid to the
workers whose age is less than 23 years. Both, the wages are to be applicable on every business
organisation of the country(Monkhouse and Spiro, 2020).
The employer has various rights and duties that is to be fulfilled in all the conditions. The
employer has the duty to pay regularly to the employees of the company. The employer must
specify a particular date on which the salary and the wages of the employee will be paid. This
would enable the employee to fulfil their personal responsibilities and expenses on time on the
monthly basis. The employer must not cut the salary of the employee for any non relevant and
non reasonable reasons in any case. The employer must also pay for the paid leaves to the
employees of the business arrangement. The management must provide with the safe working
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environment to all the employees. Moreover, if the environment is unsafe and dangerous, the
employer mus t provide the safety kit and clothes to that specific employee in the company. The
employer must not do any type of unjust and unequal treatment between the employees of the
company. It also provides that employer must also frame the policies that would help the
employees in their overall treatment in the business organisation. It also requires that the
employer must provide such training campaigns and programs that would increase the skills of
the employees. The employer should also motivate the employees by giving them rewards for the
better worker done by the workers. The employer should also do promotion of the employee
when he does better work while complying his duties in an institution. The employers must also
provide seasonal and regular bonuses to the employees. So that, they feel motivated and would
work with more efficiency in order to increase the production and benefit of the company. It also
includes that the employers must give some part of decision making to the employees of the
company. It would create a sense of belongingness of the employees towards the
business(Rubery, et.al, 2018).
The employees must be paid for the overtime work done by them for the organisation.
There must be a interval of an hour after the maximum work of 4 hours in one go. The maximum
number of work hours must not be more than eight hours per day. It also requires that the
employees must be allowed for the basic medical facilities in an organisation. The employees
have to abide with several duties that are applicable on them. These duties includes that the
employees must follow the directions of employer while working in an organisation. The
employee must not harm any of the assets of the business. The worker must maintain the peace
and order in the organisation. In addition to this, the worker must not do any type of violence in
the business organisation. The workers should also cooperate with other team members in order
to accomplish the required tasks of the team. The workers should also manage with the activities
of the operations in the business. The workers should also promote the business of the
organisation in which they are working. It must also be seen that the workers should comply with
the prescribed policies of the business firm. The employees must work in the interest of the
business. Moreover, the employees must complete their duties with due care and with certainty.
The employees must not put others in danger for their selfish motives in the company. The
workers should be honest towards the company.
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The case of Cummins Ltd v Mohammed is related to the misconduct and unfair dismissal
of the employee in a business organisation. In addition to this, the case law of Forstater v CGD
Europe & Ors, it is related to the unequal treatment done by the employer as per the protective
characteristics of the Equality Act, 2010. The employment laws deeply impacts the business
organisation. The business policies are framed on the basis of the employment law in the
country. The employment law directs the relationship between the employer and the employee of
the company. It also requires that the business organisation must comply with all the different
provisions of the employment law of the country. For instance, the company cannot form any
policy that would discriminate between the employees of the business organisation. The
employment law prohibits the employer to not do any inhuman ad illegal act against the
employees of the company. Moreover, if the employment also is not present, the the employers
would exploit the employees of the company. The employees are today mainly safe and
unexploited only because of the application of these employment laws in the country. It is clear
from the various case laws of the country. Further more, the employment law protects the
employees from the unfair dismissal that is done by the employers when they do not require the
employees in their organisation. The employer are not bound to pay regular salaries to the
employees which they would not do if the employment laws are not present in the
country(Sánchez, Monedero Dencik and Edwards, 2020).
The employment laws make it possible for the employees to have the adequate and the
reasonable pay for their work in the organisation. The employment law ensures that no
mistreatment would be done to the employees of the company. These laws has made bound the
businesses to frame only those policies that would favour both the employers and the employees
of the business organisation. The employees can now enjoy the paid leaves only because of the
employment laws as it has made mandatory for all the workers of the organisation. It would also
provide that the employees would be given maternity leaves as per the law of the country.
Moreover, the employment law has given some burden on the businesses to save the rights of the
employees. It has increased the cost of the business with respect to the staff of the business. But
on the other hand, it has increased the employment ratio of businesses in the country. The
increased employment ratio has benefited both the employer and the employees in their career.
Hence, the employment law has a positive impact on the businesses as well as on the employees
of the organisation(Suganthi, 2019).
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CONCLUSION
The above essay concludes about the employment laws of the country. It explains about
roles and the responsibilities of the employer as well as the employees of the company. This
essay also summarises about the functions that the employer plays in the business organisation.
This essay also outlines about the impact of the employment laws on the present day businesses
in United Kingdom. It also concludes about the concept of the business law. This essay explains
about the employment rights of the employees of the company. It also provides for the procedure
for the recruitment of the worker in a business concern. Moreover, this essay also summarises
bout the key duties of the employer with respect to every employee of the company. It also
discusses about the various legislations with reference to the employment in the institutions.
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References:
Books and Journals
Akhtar, Z., 2020. Low Skilled Jobs, Free Movement Migration and Employment in the
UK. Labor Law Journal, 71(3), pp.144-153.
England, J.W., et.al , 2020. Women attaining decent work: The important role of workplace
climate in Psychology of Working Theory. Journal of Counseling Psychology, 67(2),
p.251.
Khan, N., et.al , 2019. Diversity in the workplace: An overview of disability employment
disclosures among UK firms. Corporate Social Responsibility and Environmental
Management, 26(1), pp.170-185.
Monkhouse, A. and Spiro, P.S., 2020. Employment Class Actions and the Gig Economy in the
US and UK, and Implications for Canada. Available at SSRN 3548317.
Rubery, J., et.al , 2018. Challenges and contradictions in the ‘normalising’of precarious
work. Work, Employment and Society, 32(3), pp.509-527.
Sánchez-Monedero, J., Dencik, L. and Edwards, L., 2020, January. What does it mean
to'solve'the problem of discrimination in hiring? Social, technical and legal perspectives
from the UK on automated hiring systems. In Proceedings of the 2020 conference on
fairness, accountability, and transparency (pp. 458-468).
Suganthi, L., 2019. Examining the relationship between corporate social responsibility,
performance, employees’ pro-environmental behavior at work with green practices as
mediator. Journal of cleaner production, 232, pp.739-750.
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