LAW0122 - Analysis of Employee Rights and Employer Obligations

This report examines key aspects of employment law in the United Kingdom, focusing on employee rights and employer obligations through two case studies. The first case involves Rhidian, a fruit seller seeking a loan and facing difficulty obtaining pay slips from his employer. The analysis covers the nature of employment contracts (oral vs. written) and the legal right to receive payment slips under the Payment of Wages Act, 1991. The second case concerns Helena Bailey's swimsuit manufacturing plant, where religious leave requests clash with peak season demands. This section discusses the right to religious freedom under the Human Rights Act, 1998, and the Equality Act, 2010, addressing potential discrimination and the balance between business needs and employee rights. The report concludes by emphasizing the importance of adhering to employment law to ensure fair treatment and a safe working environment.

Employment Law
LAW0122

Table of Contents
INTRODUCTION...........................................................................................................................1
1) Whether the contract of employment is made in oral or written form?................................1
2) Whether Rhidian is eligible to get the payment slips from the owner?..................................2
Whether the employer can restrict the employees to exercise their rights of religion?..............4
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Employment law is considered as such set of rules and regulation that is required to govern
the employee and employer relation within the organisation. The employment law of the UK is
very wide and complicated. It deals with wide range of protection to the worker, employees from
any kind of discrimination and provide safe working environment. Employment law lays out the
legislation which defines employee's rights, wages, minimum working hours , holidays etc. It
specifies general terms and condition of the employment contract so that they are aware with the
working environment of the company1. The minimum standards has been laid down in the
employment law that are binding on the organisation to ensure safety and equality at workplace.
This report will examine the importance of employment law in the United Kingdom. The most
well settled legislation on the Equality Act, 2010 deals with all the types of discrimination take
may violates the basic right of employee are to be protected under the said Act. This report will
examine the two case studies and application of employment law. It will also deals with the
available rights of the employees and provision related to annulment of annual leaves.
MAIN BODY
Rhidian Welsh
Rhidian was fruit seller in the city of Hitchin. He works for four days for a period of 6 hours
from 8pm to 2 pm. His age is 30 and applied for a loan against mortgage with his wife at
Extortion Bank Ltd. The bank asked her about 3 month salary slip of Rhidian to proceed with an
application2. But Rihidisn failed to give pay slip of 3 month salary . Later, he asked the Jamie, a
stall owner, refused to help him. Rhidian not even received a contract. He want pay slip but if he
told the same to his shop owner , he may have to loose his job. On the basis of the given case
studies, the following issues are framed as:
1) Whether the contract of employment is made in oral or written form?
In the above mentioned fact, the Rhidian employment falls under the category that defines under
section 230 of the Employment Rights Act, 1996. This section defines employee as a person who
1 'Human Rights Are Slowly Taking Precedence Over Fundamental Freedoms In EU
Employment Law' (2021) 6 European Employment Law Cases
2 Wells A, 'Employment: A Revolution In Employment Law?' (2012) 33 Business Law
Review
1

involves in an activity to give effects to the employment contract which can either express or
implied in terms and can be oral or in written form, that entitles a person to carry business. His
employment is generally 6 hours daily and salary given to him is fixed. As per section 2310(2) of
the said Act defines contract of employment includes any employer in relation to employee or
worker employed under the purview of this section. Also, worker is defined as person employed
under the employment contract3. According to section 1 of the Equality Act, the employer has to
expressly define the terms of the contract to the employees4. The contract can be oral but it is
advisable to be in written form to avoid conflicts and misunderstanding among the employer and
employees. It is believed that written contract ensures all the rights and liabilities of employer.
The written form of contract is called as proof of the document that agreed parties are bound
with the rights available to them.
The contract of employment take place between the employer and employees and binding
upon both of them. Jamie and Rhidian enters into implied contract because there was no written
contract signed by the parties . They are agreed with the terms of the contract orally and
transaction and responsibilities take place between them are orally defined. The facts clearly
showing the implied terms of the contract . In this implied contracts are payment of salary on
time, mutual trust and understanding , loyalty and honesty of both the parties. It is the
responsibility of employer to protect the rights of its employees to motivate them for efficient
working of the organisation. The fact showing clearly stating the mutual understanding between
them and both are honest and well protected towards each other. The confidential information of
employees are protected by the employer. Both of them are devoting their time for the efficient
working of business and this shows the existence of implied contract. Payment of wages Act
proivdes ensures all the rights that are related to wages and matter connected thereto. The
objectivwe of passing this legislation is avoid any kind of discrimination happens with the
employees.
2) Whether Rhidian is eligible to get the payment slips from the owner?
The second issue shows that Rhidian is entitled to receive salary slip from the shop owner.
According to the Payment of Wages Act,1991 defines each employees has the right to take
salary slip for his work from the employer. It is a proof of salary earned by a person in a month
3 Swiatkowski A, '2018/26 Unilateral Changes To Employment Terms And Conditions
Treated As Redundancy In Employment Law (PL)' (2018) 3 European Employment Law Cases
4 'Rebooting EU Employment Law' (2018) 3 European Employment Law Cases
2

made after deduction. The salary slip is obtained from the bank which shows income earned by
person . This is generally required to Rhidian for applying loan from the bank Extortion Bank
Ltd. They required mostly for last 3 months period to acknowledge it for granting the loan. The
bank needed this for repayment of loan to ensure that person is capable to pay the loan amount.
This Act involves many rights that available to employee in relation to payment of wages or
salary to the employee. The UK law address the right to payslip can entitled to get from
employer. Thus, it saves the time of employee from making easy payment and apply for any
loans and investment . There are many provision defined under this Act that specifically deals
with the compulsory payment of wages to the employee. It says that wages and salary is given
for the work done by a person in a month as it is basic right to survive his livelihood. If employer
is refused to pay for the work done, then it is the right of the employee to claim damages for the
infringement of his right under the Employment equality Act. The UK government has enacted
the provision in 2019 to make amendment in the salary document of the employee. In
accordance of payslip law, the employer has to pay slip before the payment day. It is generated
from electronic mode and system generated. The payment slip contains the details like amount of
wages made after deduction, net amount of wages, part payment of wages, any incentives etc.
There is a legislation that deals with deduction of tax from the salary. The salary slip is
authorized to person as per the deduction is defined under the term of employment contract. The
deduction is based on the various government scheme and other taxes that are prescribed under
the Act. Under section 4 of the Employment Equality Act allows the employee to ask for the
salary slip whenever it is needed5. If any employer refuse to give payment slip that the employee
can initiate legal action against him. Therefore, Rhidian, is entitled to claim for salary slip from
employer under Payment of Wages Act, 1991.
Helena Bailey
Helena is running a manufacturing plant of swim suits. Company named 'Hot stuff'. This
business perform well in month of March ans May, at this time period the demand of swim suit
increases. Many of their employees are muslims and Helena is concerned about his Islamic
calendar clash between their festivals like Eid and other festive they may happen mainly in the
5 'Frank C, 'Cash Wages, The Truck Acts, And The 1960 Payment Of Wages Act' (2020)
41 Historical Studies in Industrial Relations
3

season of summer6. The issue is resolved by introducing new rules where no one is permitted to
take leave in the months of March and May due to excessive workload. But, workers are not
ready for this new rule and contact the president of their country to allow for leave. The workers
are ready to do strike until rules has not been changed7. The issues are framed to give effects to
the given facts are:
Whether the employer can restrict the employees to exercise their rights of religion?
The given facts raise the right of employees to profess any religion under employment law. It
is a fundamental right of an individual to follow any religion and celebrate it . But in the United
Kingdom , they are not allowed to take leave on any festival other than on Christians . Any
employee other than Christianity, wants to take leave for their religious festival, no leaves are
allowed and are rejected. They stated the reason for rejection of leave application is the high
demand of cloth in the current season. There are various provision that protects rights of the
individual under Human right Act, 1998 which allows an individual to exercise their human
rights which include right to practice their religion8. These rights are also termed as Convention
Rights9.
According to Article 8 of the Human rights Act deals with the protection of religion and
belief. These provision allows an individual to exercise their right and follow any religion along
with some limitation. These rights are subjected to certain limitation includes public morality,
health, sovereignty of the nation etc. These rights can be exercised according to the set principles
of law and must secure the policy of public order and human safety. It protects an individual
from violation of human rights available to them by birth to exercise their rights. As per the
Equality Act, 2010 of the United Kingdom, the discrimination of employees are strictly
prohibited on the basis of sex, race, religion, place of birth etc. The said law provides vast range
of protection to their employees in order to secure the general interest of an individual. It
provides security from illegal means which may affect the right to equality principle of law. The
said Act provides all are equal in the eyes of all irrespective of religion , sex etc. The policy
6 Rodgers L, 'Public Employment And Access To Justice In Employment Law' (2014) 43
Industrial Law Journal
7 Redundancy In Employment Law (PL)' (2018) 3 European Employment Law Cases
8 Leckey C, '2020/9 Employment Tribunal Finds That ‘Workers’ Transfer Under TUPE
(UK)' (2020) 5 European Employment Law Cases
9 Grebenyuk V, 'EMPLOYMENT LAW CONTRACT AS A SPECIAL TYPE OF
EMPLOYMENT CONTRACT' (2020) 1 Law and public administration
4

made by the company , not to grant leave other than Christian festival, is against the principle of
equality and infringing the essential right of the employee. They are violating the fundamental
and human right of an individual which are not permissible.
As per the company rules, only 12 annual leaves are allowed excluding Christians holiday
festival. In order to take leave from employer, an application has to file, it is the discretion of
employer to reject or accept the leave. It is the duty of employer to understand the religion, and
should give values to others to encourage them to meet the principle of equity. In the matter of
JK Walker Ltd. v. Hussain , where employees request for leave but the company had issue a
notice of 'no holiday' rule in the months of May to July. Many workers were against the said
policy as religious holiday are not possible for them to celebrate because of strict policy laid
down by the company. It is compulsory for the company to balance between business
requirement and employees satisfaction. It is the duty imposed on a party to required flexible
working hours so that employees contribution can be achieved. Common goal has to be achieved
only after understanding the needs of the employees. With the hep of leading judgements the
court has evaluated the importance of employees rights are to be secures prescribed by the
employment law. These leaves can be granted on any important occasion so that no problem can
arise which affects the liberty of the employee10.
2) Whether the employer can form any such rules like the 'No holiday rule', with
respect to the festival season related to any specific class of people acting in the
capacity of employees?
The policy that deals with the 'no holiday rule' is being introduced by Helena resulted in the
leaves for the month of March to May to meet the demand of sell of swim suits. Also, the month
is celebrating festival for Muslims, Eid and any other festive season generally happens on march
to May. She stated that no one is allowed to compromise the business which may affects the
profitability of the business11. She only wants her benefit and to maximise profit in the business.
This case study deals with the employers made rule of 'no holiday rule' is violate their basic
rights of and it is his right to celebrate their festive.
The employees are engaged themselves for 5 days in a week and gives them paid leaves for
5.6 weeks , which defines it as statutory leaves. Any employee who is working on probation
10 Guth J, 'Simon Deakin And Gillian S. Morris, Labour Law Astra Emir, Selwyn's Law Of
Employment Richard Painter And Ann Holmes, Cases &Amp; Materials On Employment Law
11 Simon Honeyball, Honeyball &Amp; Bowers' Textbook On Employment Law Malcolm
5

period, agency and freelancing are only entitled for leave. These leaves are subjected to terms of
the contract given under employment law. In order to avoid risk of any kind of discrimination on
the basis of religion and belief of an individual are not permissible. As per the above mention
facts, it was clear international law is strictly against such policies which infringes other rights to
exercise and or profess their religion12. The employer does not have such policies that allow them
to take leaves for festival. The problem of clash between any employer and employee arises
when the terms and condition of employment contract are not meeting the essential elements of
protecting the rights of the employee.
CONCLUSION
From this above report, it has been concluded that every employer should take acre all the
right available to employer. Employment law is all about securing the right of the employees and
build the strong relation between the employer and employee. Under common law, principle of
equity prevails to provide equal protection of law. The contract of employment should express
all the essential terms of the contract. In the first case study, it was observed that payment of
wages act is entitled an employee to claim for payslip as a proof of salary earned whereas
second facts defines the necessity of providing leave provision to the employee on special
occasion to profess their religion,Therefore the employment law main objective is to impart
justice to the person and fair implementation of legal policies.
12 Paroń Ł, 'REGULATION OF CIVIL LAW EMPLOYMENT OR EMPLOYMENT
LAW?' (2021) specjalny Roczniki Administracji i Prawa
6

REFERENCES
Books and Journals
'Frank C, 'Cash Wages, The Truck Acts, And The 1960 Payment Of Wages Act' (2020) 41
Historical Studies in Industrial Relations
'Further Information On UK Balance Of Payments' (2020) 2011 United Kingdom Balance of
Payments - The Pink Book
'Human Rights Are Slowly Taking Precedence Over Fundamental Freedoms In EU Employment
Law' (2021) 6 European Employment Law Cases
'Is Caste Discrimination In The UK Prohibited By The Equality Act 2010?' (2019) 2
International Labor Rights Case Law
'Rebooting EU Employment Law' (2018) 3 European Employment Law Cases
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REEMPLOYMENT RIGHTS ACT AND ITS' COURT HISTORY' (2019) 11 Journal
of Individual Employment Rights
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Grebenyuk V, 'EMPLOYMENT LAW CONTRACT AS A SPECIAL TYPE OF
EMPLOYMENT CONTRACT' (2020) 1 Law and public administration
Guth J, 'Simon Deakin And Gillian S. Morris, Labour Law Astra Emir, Selwyn's Law Of
Employment Richard Painter And Ann Holmes, Cases &Amp; Materials On Employment Law
Simon Honeyball, Honeyball &Amp; Bowers' Textbook On Employment Law Malcolm
Sargeant And David Lewis, Employment Law Brian Willey, Employment Law In Context'
(2013) 47 The Law Teacher
Guth J, 'Simon Deakin And Gillian S. Morris, Labour Law Astra Emir, Selwyn's Law Of
Employment Richard Painter And Ann Holmes, Cases &Amp; Materials On
Employment Law Simon Honeyball, Honeyball &Amp; Bowers' Textbook On
Employment Law Malcolm Sargeant And David Lewis, Employment Law Brian
Willey, Employment Law In Context' (2013) 47 The Law Teacher
Hadley J, 'Payment Of Wages' (2020) 106 Veterinary Record
Leckey C, '2020/9 Employment Tribunal Finds That ‘Workers’ Transfer Under TUPE (UK)'
(2020) 5 European Employment Law Cases
Paroń Ł, 'REGULATION OF CIVIL LAW EMPLOYMENT OR EMPLOYMENT LAW?'
(2021) specjalny Roczniki Administracji i Prawa
Phillipson G, 'Aileen Kavanagh, Constitutional Review Under The UK Human Rights Act'
(2019) 12 Human Rights Law Review
Rajora V, 'Applicability Of Minimum Wages Act And Payment Of Gratuity Act To Teachers:
An Analysis' [2010] SSRN Electronic Journal
Rodgers L, 'Public Employment And Access To Justice In Employment Law' (2014) 43
Industrial Law Journal
Russ K, 'Risk Assessment In The UK Health And Safety System: Theory And Practice' (2020) 1
Safety and Health at Work
Sargeant M, 'Employment Law - New Employment Regulation In 2004' (2004) 25 Business Law
Review
7

Soakell C, '2021/29 Scope Of Equal Pay Comparisons By Female Shop Workers Under UK And
EU Law Clarified (UK)' (2021) 6 European Employment Law Cases
Swiatkowski A, '2018/26 Unilateral Changes To Employment Terms And Conditions Treated As
Redundancy In Employment Law (PL)' (2018) 3 European Employment Law Cases
Walden R, 'Employment: The Latest Employment Law Reforms To Come Into Force' (2013) 34
Business Law Review
Wells A, 'Employment: A Revolution In Employment Law?' (2012) 33 Business Law Review
8