5EML: Analyzing Employment Law at National Bank Dubai, Saudi Arabia
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This report provides a comprehensive analysis of employment law, focusing on key areas such as employment contracts, discrimination, wages, leaves, health and safety, unfair dismissal, and redundancy. It examines the aims and objectives of employment law, the role of tribunals and courts, and methods of dispute resolution. The report also addresses the importance of fair recruitment processes, the establishment and variation of employment contracts, and the legal requirements for managing redundancy. Examples from the author's experience at National Bank Dubai Saudi Arabian branch are used to illustrate the practical application of these legal principles. The document emphasizes the need for human resource managers to understand and comply with employment law to ensure fair treatment of employees and avoid legal repercussions. Desklib provides a platform to access this document and many similar solved assignments.
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Running Head: 5EML
5EML
Name of the Student:
Name of the University:
Author Note
5EML
Name of the Student:
Name of the University:
Author Note
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15EML
Executive summary
The nature of employment is such that the bargaining power of employers is much more as
compared to that of the employees and therefore there is a risk that the employee may be
exploited.Provisions of employment law are imposed on the system to balance the rights between
the employee and the employer in terms of the employment contract. Every human resource
manager has to be aware of law which deals with the relationship between an employee and the
employer. There are various areas in which the law operates including discrimination, wages,
leaves, health and safety, work time regulations, unfair dismissal, transfer of business,
redundancy, and wrongful dismissal, right to be accompanied and right to freedom off
association. The primary purpose of this paper is to analyze all such areas of employment law in
the light of live examples which have been witnessed by me while working for National Bank
Dubai Saudi Arabian branch. The paper highlights what the area of law suggests to the managers
and what steps they must take in relation to effectively complying with the law. One of the
primary area in which employment law operates is that of an employment contract. An
employment contract sets out the rights and liabilities of employer and the employee in relation
to the employment. The paper discusses various aspect of the contract of employment.
Executive summary
The nature of employment is such that the bargaining power of employers is much more as
compared to that of the employees and therefore there is a risk that the employee may be
exploited.Provisions of employment law are imposed on the system to balance the rights between
the employee and the employer in terms of the employment contract. Every human resource
manager has to be aware of law which deals with the relationship between an employee and the
employer. There are various areas in which the law operates including discrimination, wages,
leaves, health and safety, work time regulations, unfair dismissal, transfer of business,
redundancy, and wrongful dismissal, right to be accompanied and right to freedom off
association. The primary purpose of this paper is to analyze all such areas of employment law in
the light of live examples which have been witnessed by me while working for National Bank
Dubai Saudi Arabian branch. The paper highlights what the area of law suggests to the managers
and what steps they must take in relation to effectively complying with the law. One of the
primary area in which employment law operates is that of an employment contract. An
employment contract sets out the rights and liabilities of employer and the employee in relation
to the employment. The paper discusses various aspect of the contract of employment.

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Table of Contents
Introduction......................................................................................................................................4
Answer 1.1.......................................................................................................................................4
Answer 1.2.......................................................................................................................................5
Answer 1.3.......................................................................................................................................6
Answer 2.1.......................................................................................................................................7
Answer 2.2.......................................................................................................................................7
Answer 3.1.......................................................................................................................................8
Answer 3.2.......................................................................................................................................9
Answer 3.3.....................................................................................................................................10
Answer 4.1.....................................................................................................................................11
Answer 4.2.....................................................................................................................................11
Answer 4.3.....................................................................................................................................12
Answer 5.1.....................................................................................................................................13
Answer 5.2.....................................................................................................................................14
Answer 5.3.....................................................................................................................................15
Answer 6.1.....................................................................................................................................15
Answer 6.2.....................................................................................................................................16
Conclusion.....................................................................................................................................17
Recommendations..........................................................................................................................17
Table of Contents
Introduction......................................................................................................................................4
Answer 1.1.......................................................................................................................................4
Answer 1.2.......................................................................................................................................5
Answer 1.3.......................................................................................................................................6
Answer 2.1.......................................................................................................................................7
Answer 2.2.......................................................................................................................................7
Answer 3.1.......................................................................................................................................8
Answer 3.2.......................................................................................................................................9
Answer 3.3.....................................................................................................................................10
Answer 4.1.....................................................................................................................................11
Answer 4.2.....................................................................................................................................11
Answer 4.3.....................................................................................................................................12
Answer 5.1.....................................................................................................................................13
Answer 5.2.....................................................................................................................................14
Answer 5.3.....................................................................................................................................15
Answer 6.1.....................................................................................................................................15
Answer 6.2.....................................................................................................................................16
Conclusion.....................................................................................................................................17
Recommendations..........................................................................................................................17

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References......................................................................................................................................19
References......................................................................................................................................19
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Introduction
Every human resource manager has to be aware of law which deals with the relationship between
an employee and the employer. There are various areas in which the law operates including
discrimination, wages, leaves, health and safety, work time regulations, unfair dismissal, transfer
of business, redundancy, and wrongful dismissal, right to be accompanied and right to freedom
off association. The primary purpose of this paper is to analyze all such areas of employment law
in the light of live examples which have been witnessed by me while working for National Bank
Dubai Saudi Arabian branch. The paper highlights what the area of law suggests to the managers
and what steps they must take in relation to effectively complying with the law.
Answer 1.1
Explain the aims and objectives of employment law.
Employment law is a branch of law which specifically deals with the relationship between the
employees and the employer. The nature of employment is such that the bargaining power of
employers is much more as compared to that of the employees and therefore there is a risk that
the employee may be exploited. In the given situation provisions of employment law are
imposed on the system to balance the rights between the employee and the employer in terms of
the employment contract. One of the primary area in which employment law operates is that of
an employment contract. An employment contract sets out the rights and liabilities of employer
and the employee in relation to the employment. The terms of the contract has to be incorporated
according to legal provisions. For example where the Employment Relation Act 1994 sets out
Introduction
Every human resource manager has to be aware of law which deals with the relationship between
an employee and the employer. There are various areas in which the law operates including
discrimination, wages, leaves, health and safety, work time regulations, unfair dismissal, transfer
of business, redundancy, and wrongful dismissal, right to be accompanied and right to freedom
off association. The primary purpose of this paper is to analyze all such areas of employment law
in the light of live examples which have been witnessed by me while working for National Bank
Dubai Saudi Arabian branch. The paper highlights what the area of law suggests to the managers
and what steps they must take in relation to effectively complying with the law.
Answer 1.1
Explain the aims and objectives of employment law.
Employment law is a branch of law which specifically deals with the relationship between the
employees and the employer. The nature of employment is such that the bargaining power of
employers is much more as compared to that of the employees and therefore there is a risk that
the employee may be exploited. In the given situation provisions of employment law are
imposed on the system to balance the rights between the employee and the employer in terms of
the employment contract. One of the primary area in which employment law operates is that of
an employment contract. An employment contract sets out the rights and liabilities of employer
and the employee in relation to the employment. The terms of the contract has to be incorporated
according to legal provisions. For example where the Employment Relation Act 1994 sets out

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the leave entitlements for an employee, the employer has no right to take away such entitlements
from the employment contract. In my organization which is National Bank Dubai Saudi Arabian
branch all such leaves are provided to the employees. In situation where it is identified that any
regulation or provisions in relation to employment law set out through various legislations and
directives are violated the wrongdoer is subjected to fines and penalties. For instance where an
employee has been dismissed without proper procedures of dismissals being followed, he or she
has the right to make a claim for wrongful dismissal under the ERA. In the same way if an
employee is subjected to discrimination a claim can be made under the provisions of the Equality
Act 2010. The Law ensures that the balance between employee rights and proper functioning of
businesses is maintained (Barnard 2012).
Answer 1.2
Describe the role played by the tribunal and courts system in enforcing employment law.
An employment Tribunal is a kind of independent judicial body which has been incorporated for
the purpose of addressing dispute which arise within the employment relationship in relation to
employment rights. The Tribunal has the right to hear employment matters like wages,
discrimination, unfair dismissal and redundancy pay. As compared to a court the nature of an
employment Tribunal is less formal. Unlike a court, the Tribunal does not have the right to
provide a legal advice (CIPD 2018). The primary purpose of an employment Tribunal is to
address the issues which come up in employment relationships. It determines in the light of
various evidence provided by the parties that whether any employment law provision has been
violated by the parties involved in an employment contract. Where it has been found by the
the leave entitlements for an employee, the employer has no right to take away such entitlements
from the employment contract. In my organization which is National Bank Dubai Saudi Arabian
branch all such leaves are provided to the employees. In situation where it is identified that any
regulation or provisions in relation to employment law set out through various legislations and
directives are violated the wrongdoer is subjected to fines and penalties. For instance where an
employee has been dismissed without proper procedures of dismissals being followed, he or she
has the right to make a claim for wrongful dismissal under the ERA. In the same way if an
employee is subjected to discrimination a claim can be made under the provisions of the Equality
Act 2010. The Law ensures that the balance between employee rights and proper functioning of
businesses is maintained (Barnard 2012).
Answer 1.2
Describe the role played by the tribunal and courts system in enforcing employment law.
An employment Tribunal is a kind of independent judicial body which has been incorporated for
the purpose of addressing dispute which arise within the employment relationship in relation to
employment rights. The Tribunal has the right to hear employment matters like wages,
discrimination, unfair dismissal and redundancy pay. As compared to a court the nature of an
employment Tribunal is less formal. Unlike a court, the Tribunal does not have the right to
provide a legal advice (CIPD 2018). The primary purpose of an employment Tribunal is to
address the issues which come up in employment relationships. It determines in the light of
various evidence provided by the parties that whether any employment law provision has been
violated by the parties involved in an employment contract. Where it has been found by the

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Tribunal that provisions of employment law have been violated it has the right to impose fines
and penalties on the wrongdoing party. The services of conciliation are also provided by the
Employment Tribunal. A decision of the Employment Tribunal can be appealed against in the
higher courts. The initial appeal which arises from the Employment Tribunal is dealt with by the
Employment Appeals Tribunal. An appeal arises when one of the parties to the dispute is not
happy with the decision. The appeal against decision of EAT may be made to a county Court
followed by the High Court in United Kingdom. The process of appeal can be carried on till the
Supreme Court (Cunningham and Reed 2014).
Answer 1.3
Explain how cases are settled before and during formal legal procedures.
When a claim in relation to an employment dispute arises there are two places where such
disputes are addressed. The first is outside the courts and the second is inside the court. In
relation to addressing the issue outside the court a process named conciliation is applied. Before
a claim in the employment tribunal is lodged it is the duty of the claimant to inform the ACAS
who would provide the parties to the dispute an early conciliation which is a form of Alternative
Dispute Resolution (Acas.org.uk 2018). This is done by the ACAS through the appointment of
an impartial and independent Acas Conciliator who has the duty of facilitating dispute resolution
between the parties. ADRs are generally much more cost and time effective as compared to
litigation. In case of litigation the burden of proof is on the plaintiff as the nature of claim is
civil. In addition the court decides the case based on standard of proof of “balance of
probabilities” as this is a civil claim and not beyond reasonable doubt which is required in
relation to a criminal proceeding. The courts or tribunals takes into consideration the evidence
Tribunal that provisions of employment law have been violated it has the right to impose fines
and penalties on the wrongdoing party. The services of conciliation are also provided by the
Employment Tribunal. A decision of the Employment Tribunal can be appealed against in the
higher courts. The initial appeal which arises from the Employment Tribunal is dealt with by the
Employment Appeals Tribunal. An appeal arises when one of the parties to the dispute is not
happy with the decision. The appeal against decision of EAT may be made to a county Court
followed by the High Court in United Kingdom. The process of appeal can be carried on till the
Supreme Court (Cunningham and Reed 2014).
Answer 1.3
Explain how cases are settled before and during formal legal procedures.
When a claim in relation to an employment dispute arises there are two places where such
disputes are addressed. The first is outside the courts and the second is inside the court. In
relation to addressing the issue outside the court a process named conciliation is applied. Before
a claim in the employment tribunal is lodged it is the duty of the claimant to inform the ACAS
who would provide the parties to the dispute an early conciliation which is a form of Alternative
Dispute Resolution (Acas.org.uk 2018). This is done by the ACAS through the appointment of
an impartial and independent Acas Conciliator who has the duty of facilitating dispute resolution
between the parties. ADRs are generally much more cost and time effective as compared to
litigation. In case of litigation the burden of proof is on the plaintiff as the nature of claim is
civil. In addition the court decides the case based on standard of proof of “balance of
probabilities” as this is a civil claim and not beyond reasonable doubt which is required in
relation to a criminal proceeding. The courts or tribunals takes into consideration the evidence
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provided by the parties and provides a decision in favor of the party who has greater weight of
evidence provided. However in some situation for example discrimination claims the burden of
proof is on the employer of showing no discrimination had been done.
Answer 2.1
Outline the importance of ensuring that recruitment and selection processes for new
employees are fair to include key issues relating to discrimination. Make reference to
the Equality Act
The legislation which deals with the issues relating to discrimination in UK is the Equality Act
2010 which has been formed merging several acts which addressed discrimination. The
legislation sets out 9 traits which are categorized as protected traits based on which no
discrimination should be done. These traits include the traits of gender, age, race, religion,
disability, sexual orientation, matrimonial status and pregnancy. Direct Discrimination has been
defined by the Act through section 13 as an act through which a person having one of the 9
protected traits is provided an unfavorable treatment as to those who do not have the trait(s). In
addition to this perceptive discrimination another form of direct discrimination is that associative
discrimination. This is a situation where discrimination is done to a person who is associated
with those having protected characteristics. Indirect discrimination has been defined under
section 19 of the EA and is said to have taken place when such rules are formed which cause
disadvantage to those having protected traits as compared to those who do not. When it comes to
the process of recruitment and selection the employers have to restrain from both direct and
indirect discrimination. However the defense of pure occupation requirement can be taken by the
employer. For example where the employee requires a European man for a role in a movie, no
provided by the parties and provides a decision in favor of the party who has greater weight of
evidence provided. However in some situation for example discrimination claims the burden of
proof is on the employer of showing no discrimination had been done.
Answer 2.1
Outline the importance of ensuring that recruitment and selection processes for new
employees are fair to include key issues relating to discrimination. Make reference to
the Equality Act
The legislation which deals with the issues relating to discrimination in UK is the Equality Act
2010 which has been formed merging several acts which addressed discrimination. The
legislation sets out 9 traits which are categorized as protected traits based on which no
discrimination should be done. These traits include the traits of gender, age, race, religion,
disability, sexual orientation, matrimonial status and pregnancy. Direct Discrimination has been
defined by the Act through section 13 as an act through which a person having one of the 9
protected traits is provided an unfavorable treatment as to those who do not have the trait(s). In
addition to this perceptive discrimination another form of direct discrimination is that associative
discrimination. This is a situation where discrimination is done to a person who is associated
with those having protected characteristics. Indirect discrimination has been defined under
section 19 of the EA and is said to have taken place when such rules are formed which cause
disadvantage to those having protected traits as compared to those who do not. When it comes to
the process of recruitment and selection the employers have to restrain from both direct and
indirect discrimination. However the defense of pure occupation requirement can be taken by the
employer. For example where the employee requires a European man for a role in a movie, no

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selecting an Asian man is not discrimination. The managers may also not make a rule which
subjects a person with protected characteristics to a disadvantage in the process of recruitment
and selection or it would be indirect discrimination (Holland, Burnett and Millington 2015).
Answer 2.2
Explain how a contract of employment is established.
A contract of employment is the major document through which the employment relationship is
initiated and the rights and duties of the parties to the contract are set out. A contract has five
elements. Without the elements the contract is not legally binding. In the same way like a regular
contract the employment contract also in order to be established require the presence of these
five elements. These five elements are offer, acceptance, consideration, intention to create legal
relation and capacity of the parties to the contract. The offer is made by the employer to initiate
the employment contract and contain terms and conditions of the employment. The contract is
formed when the employee accepts the offer clearly and unequivocally. An acceptance can be
written or oral. The element of consideration in an employment contract is the services provided
by the employee to the employer and the compensation received for providing the services.
Although in any commercial agreement the intention of the parties to bind to contractual terms
legally is deemed present this is an essential element for employment contract formation. The
final element which is requires to form an employment contract is the element of capacity. A
minion or a person having unsound mind cannot create a contract. The employee and the
employer therefore have to be above the age of 18 years and must be of a sound mind to create
the contract (Dau-Schmidt, Finkin and Covington 2016).
selecting an Asian man is not discrimination. The managers may also not make a rule which
subjects a person with protected characteristics to a disadvantage in the process of recruitment
and selection or it would be indirect discrimination (Holland, Burnett and Millington 2015).
Answer 2.2
Explain how a contract of employment is established.
A contract of employment is the major document through which the employment relationship is
initiated and the rights and duties of the parties to the contract are set out. A contract has five
elements. Without the elements the contract is not legally binding. In the same way like a regular
contract the employment contract also in order to be established require the presence of these
five elements. These five elements are offer, acceptance, consideration, intention to create legal
relation and capacity of the parties to the contract. The offer is made by the employer to initiate
the employment contract and contain terms and conditions of the employment. The contract is
formed when the employee accepts the offer clearly and unequivocally. An acceptance can be
written or oral. The element of consideration in an employment contract is the services provided
by the employee to the employer and the compensation received for providing the services.
Although in any commercial agreement the intention of the parties to bind to contractual terms
legally is deemed present this is an essential element for employment contract formation. The
final element which is requires to form an employment contract is the element of capacity. A
minion or a person having unsound mind cannot create a contract. The employee and the
employer therefore have to be above the age of 18 years and must be of a sound mind to create
the contract (Dau-Schmidt, Finkin and Covington 2016).

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Answer 3.1
Describe in what circumstances a contract may be varied and the process to be
followed to make those changes to contracts lawfully
The contract of employment may be required to be changed at some state of the employment
process. This change may be wanted by the employer or the employee. However the terms of the
employment contract cannot be changed without consent of both parties to the contract which is
employee and employer. Changes in an employment contract are generally made after the
process of negotiation and agreement. The changes can be made by agreement between
employee and employer, collective agreement which refers to the negotiation between the union
and the employer and implication which denotes alternation in a custom. In case a collective
agreement has altered the term of the employment contract the changes would be applicable even
on those who are not union members. A flexibility clause is also added in employment contract
for the purpose of aiding the process of alternation. The clause legally allows specific conditions
of a contract to be changed. However where such clause has vague wordings the clause cannot
be applied. No right is provided to the employer which allows altering the terms of the contract
on their will. Where the terms of the contract are forcefully changed and the employee resigns a
claim form constructive unfair dismissal can be made by the employee against the employer.
Although the change in contract may be oral, a change in relation to the terms of a written
contract has to be done in writing. Changes in an employment contract which are agreed do not
form a new contract but become a part of the existing contract (The City Law School 2016).
There are various situations in which a contract may be varied by the employer. This may
happen for instance where the performance of the employee is below par. This may also happen
where the employee has indulged into misconduct. In such situation the employer is legally
Answer 3.1
Describe in what circumstances a contract may be varied and the process to be
followed to make those changes to contracts lawfully
The contract of employment may be required to be changed at some state of the employment
process. This change may be wanted by the employer or the employee. However the terms of the
employment contract cannot be changed without consent of both parties to the contract which is
employee and employer. Changes in an employment contract are generally made after the
process of negotiation and agreement. The changes can be made by agreement between
employee and employer, collective agreement which refers to the negotiation between the union
and the employer and implication which denotes alternation in a custom. In case a collective
agreement has altered the term of the employment contract the changes would be applicable even
on those who are not union members. A flexibility clause is also added in employment contract
for the purpose of aiding the process of alternation. The clause legally allows specific conditions
of a contract to be changed. However where such clause has vague wordings the clause cannot
be applied. No right is provided to the employer which allows altering the terms of the contract
on their will. Where the terms of the contract are forcefully changed and the employee resigns a
claim form constructive unfair dismissal can be made by the employee against the employer.
Although the change in contract may be oral, a change in relation to the terms of a written
contract has to be done in writing. Changes in an employment contract which are agreed do not
form a new contract but become a part of the existing contract (The City Law School 2016).
There are various situations in which a contract may be varied by the employer. This may
happen for instance where the performance of the employee is below par. This may also happen
where the employee has indulged into misconduct. In such situation the employer is legally
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105EML
entitled to vary the contract. In the case of Hollister v National Farmers’ Union [1979] ICR 542
it was stated by the court that terms of an employment contract can be altered in case of transfer
of business.
Answer 3.2
Provide an overview the mainrequirements when managing redundancy i.e. the
process. Demonstrate your understanding of what constitutes a redundancy in law.
The situation of redundancy takes place when the employees are dismissed by the employer for
business needs. In the given situation there is certain procedure which needs to be followed by
the employer towards making the employees redundant. The provisions in relation to redundancy
are provided through the Employment Rights Act. Through section 135 of the legislation the
employees are provided with the right to be paid a redundancy payment. This is a payment which
signifies that the job of the employee is no longer required due to some situation which the
business is subjected to and thus they are to be compensated by the employer through payment.
The lengths of services which have been provided by the employee are required for the purpose
of determining redundancy payments. Employees below the age of 21 are provided with half
week pay for every year of service. Where the age of the employee is from 21-40 they are
provided with a pay for one week and employee over 40 years are provided with one and half
weeks of pay under section 162 of the ERA. An employee is qualified for redundancy when they
have worked for at least two years with the employer under section 155 of the Act. However a
person who has reached retirement age cannot claim redundancy under section 156 of the CA.
There should be no discrimination on the part of the employer while choosing the employees for
redundancy (Gov.uk 2018).
entitled to vary the contract. In the case of Hollister v National Farmers’ Union [1979] ICR 542
it was stated by the court that terms of an employment contract can be altered in case of transfer
of business.
Answer 3.2
Provide an overview the mainrequirements when managing redundancy i.e. the
process. Demonstrate your understanding of what constitutes a redundancy in law.
The situation of redundancy takes place when the employees are dismissed by the employer for
business needs. In the given situation there is certain procedure which needs to be followed by
the employer towards making the employees redundant. The provisions in relation to redundancy
are provided through the Employment Rights Act. Through section 135 of the legislation the
employees are provided with the right to be paid a redundancy payment. This is a payment which
signifies that the job of the employee is no longer required due to some situation which the
business is subjected to and thus they are to be compensated by the employer through payment.
The lengths of services which have been provided by the employee are required for the purpose
of determining redundancy payments. Employees below the age of 21 are provided with half
week pay for every year of service. Where the age of the employee is from 21-40 they are
provided with a pay for one week and employee over 40 years are provided with one and half
weeks of pay under section 162 of the ERA. An employee is qualified for redundancy when they
have worked for at least two years with the employer under section 155 of the Act. However a
person who has reached retirement age cannot claim redundancy under section 156 of the CA.
There should be no discrimination on the part of the employer while choosing the employees for
redundancy (Gov.uk 2018).

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Answer 3.3
Explain the main requirements of the law on TUPE
Transfer of undertaking (protection of employment) Regulation which is in short referred to as
the TUPE are the regulation which govern the situation where the employer is transferring his
business to another employer. The transfer of business in this case takes place along with the
existing employees of the old business. A strict rule is provided by the regulation that in situation
where an ownership in a business is transferred to another person the rights and obligations
which the original employment contract had cannot be altered. One in situation where the reason
for variation of contractual terms is economical, technological or organizational (ETO) can the
terms be varied. Under these regulations it is the duty of the employer to inform and consult with
the employees or their representatives the situation of the transfer before the transfer takes place.
The employees have to be informed about all information which are material in relation to the
transfer being taking place. The new employer is also made to accept the terms and condition of
the previous employment contract under the rules of the TUPE. The consent of the employees
are required when such business transfer takes place. The new employer also does not have the
right to make the old employees redundant for a reason that they are old employees. A claim for
unfair dismissal may arise where there has been any such actions taken by the employer.
However when the terms of the contract are changed under justified situation such as the ETO
they are valid (Rothstein, Liebman and Yuracko 2015).
Answer 4.1
Identify the key statutory rights workers have in the fields of pay, leave and working
time.
Answer 3.3
Explain the main requirements of the law on TUPE
Transfer of undertaking (protection of employment) Regulation which is in short referred to as
the TUPE are the regulation which govern the situation where the employer is transferring his
business to another employer. The transfer of business in this case takes place along with the
existing employees of the old business. A strict rule is provided by the regulation that in situation
where an ownership in a business is transferred to another person the rights and obligations
which the original employment contract had cannot be altered. One in situation where the reason
for variation of contractual terms is economical, technological or organizational (ETO) can the
terms be varied. Under these regulations it is the duty of the employer to inform and consult with
the employees or their representatives the situation of the transfer before the transfer takes place.
The employees have to be informed about all information which are material in relation to the
transfer being taking place. The new employer is also made to accept the terms and condition of
the previous employment contract under the rules of the TUPE. The consent of the employees
are required when such business transfer takes place. The new employer also does not have the
right to make the old employees redundant for a reason that they are old employees. A claim for
unfair dismissal may arise where there has been any such actions taken by the employer.
However when the terms of the contract are changed under justified situation such as the ETO
they are valid (Rothstein, Liebman and Yuracko 2015).
Answer 4.1
Identify the key statutory rights workers have in the fields of pay, leave and working
time.

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The Working Time Regulation 1998 set out provisions in relation to the maximum working time
which can be imposed on the employer by the employee. The primary purpose of this regulation
is to implement the provisions set out by EU Working Time Directive 93/104/EC. The time for
which an employee is to work is governed by these regulations. All workers in UK are subjected
to the provisions of the regulation and it provides of daily rest, minimum rest, and maximum
working hours, and daily breaks for the employees. The time for which an employee may work
for a week is for a maximum of 48 hours. In addition mandatory rights in relation to annual
leaves are also provided by the regulations. Further a 20 minutes rest period is also mandatory to
be provided to the employees under the regulations.
The National Living Wage as set out by the labor government in 1998 is the statutory right of
employee which needs to be provided by the employers to all employee who are above the age of
25 years for providing their services to the employer. This is an hourly payment which has been
increased to £7.83 from £7.50. The rise had been introduced in 2018 April. The limits are legally
binding on an employer and where there is a failure on the part of the employer to make such
payments for employment a claim can be brought against him in the ET.
Answer 4.2
Explain the major requirements of equal pay law.
Equal pay is the process through which equal rewards are to be provided for equal work done by
the employee irrespective of their character such as gender. There is a significant gender gap
which is present in the UK in relation to the equal pay of men and women. The provisions in
relation to equal pay in work place were governed thorough the provisions of the Equal Pay Act.
However the enactment of the Equality Act 2010 made the provisions to be governed under this
The Working Time Regulation 1998 set out provisions in relation to the maximum working time
which can be imposed on the employer by the employee. The primary purpose of this regulation
is to implement the provisions set out by EU Working Time Directive 93/104/EC. The time for
which an employee is to work is governed by these regulations. All workers in UK are subjected
to the provisions of the regulation and it provides of daily rest, minimum rest, and maximum
working hours, and daily breaks for the employees. The time for which an employee may work
for a week is for a maximum of 48 hours. In addition mandatory rights in relation to annual
leaves are also provided by the regulations. Further a 20 minutes rest period is also mandatory to
be provided to the employees under the regulations.
The National Living Wage as set out by the labor government in 1998 is the statutory right of
employee which needs to be provided by the employers to all employee who are above the age of
25 years for providing their services to the employer. This is an hourly payment which has been
increased to £7.83 from £7.50. The rise had been introduced in 2018 April. The limits are legally
binding on an employer and where there is a failure on the part of the employer to make such
payments for employment a claim can be brought against him in the ET.
Answer 4.2
Explain the major requirements of equal pay law.
Equal pay is the process through which equal rewards are to be provided for equal work done by
the employee irrespective of their character such as gender. There is a significant gender gap
which is present in the UK in relation to the equal pay of men and women. The provisions in
relation to equal pay in work place were governed thorough the provisions of the Equal Pay Act.
However the enactment of the Equality Act 2010 made the provisions to be governed under this
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act. It has been provided through the provisions of section 78 of the Act that the employers have
the obligation of keeping record of the gender pay gap within their organization. This section
increases the accountability of the employers towards providing equal payments for equal work
provided irrespective of gender. The way in which the gap should be calculated by taking into
consideration the number of employees and the time when the information is to be published is
provided under the section. In the case of Lawrence v Regent Office Care Ltd (2003) the court
ruled that there must not be any payment gap between the genders who are providing with the
same level of contribution and work to the business or it may account to sex discrimination under
the EA as it would be an unfavorable treatment on the part of the employer who is being paid
less as compared to the other gender for doing the same amount of work.
Answer 4.3
Explain major maternity, paternity, and other family-friendly employment rights.
The employees are provided with the statutory right for taking leaves such as paternity leave,
maternity leave or sick leave under the provision of section 47C of the ERA 1996. The employer
have the obligation of providing a statutory maternity leave to the employee for a period of 52
weeks which is a paid leave. The employee who is on a maternity leave are provided with certain
protected rights under the legislation. These include additional holidays and making proper
arrangements for the employees when they come back to work. In case there is any unfavorable
treatment provided to the employees for the reason that they have asked for a statutory leave
such as maternity a claim form discrimination can be made by the employee. The mangers must
know that all workers are to be provided with a period of 5.6 weeks as holiday every year. This
is known as annual leave or statutory leave rights. Bank holidays can be included as a part of
act. It has been provided through the provisions of section 78 of the Act that the employers have
the obligation of keeping record of the gender pay gap within their organization. This section
increases the accountability of the employers towards providing equal payments for equal work
provided irrespective of gender. The way in which the gap should be calculated by taking into
consideration the number of employees and the time when the information is to be published is
provided under the section. In the case of Lawrence v Regent Office Care Ltd (2003) the court
ruled that there must not be any payment gap between the genders who are providing with the
same level of contribution and work to the business or it may account to sex discrimination under
the EA as it would be an unfavorable treatment on the part of the employer who is being paid
less as compared to the other gender for doing the same amount of work.
Answer 4.3
Explain major maternity, paternity, and other family-friendly employment rights.
The employees are provided with the statutory right for taking leaves such as paternity leave,
maternity leave or sick leave under the provision of section 47C of the ERA 1996. The employer
have the obligation of providing a statutory maternity leave to the employee for a period of 52
weeks which is a paid leave. The employee who is on a maternity leave are provided with certain
protected rights under the legislation. These include additional holidays and making proper
arrangements for the employees when they come back to work. In case there is any unfavorable
treatment provided to the employees for the reason that they have asked for a statutory leave
such as maternity a claim form discrimination can be made by the employee. The mangers must
know that all workers are to be provided with a period of 5.6 weeks as holiday every year. This
is known as annual leave or statutory leave rights. Bank holidays can be included as a part of

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statutory annual leaves by the employer. Statutory Paternity Leave is a period of leave which
can be taken by the employee to provide support to a partner. An employee has the right of
claiming one or two weeks as paternity leave which is paid by the employer. The leave has to be
taken for a whole week or consecutive weeks. Thus these are the provisions which must be
known to the manager in relation to Maternity, Paternity and Annual leaves.
Answer 5.1
Identify the major requirements of health and safety law.
The major legislation which governs the provisions in relation to occupational health and safety
is The Health and Safety at Work etc. Act 1974. The responsibility of imposing the provisions of
the legislation is on theHealth and Safety Executive. There are significant number of duties
which have been imposed on the employer in relation to the work place. These duties are as
follows:
Providing the employees with a safe system of work
Providing the employees with a safe place to work
Providing the employees with safe machinery plant and tools
Providing the employees with competent and safe people to work along with as the
liability of their actions is in the employer
Initiating timely risk assessment as provided through the regulations and taking all
reasonable steps requires addressing the risks.
Providing the employees with information in relation to any danger of hazards in the
work place, work process and the supervision and instructions required for the purpose of
carrying out work activity in a safe way.
statutory annual leaves by the employer. Statutory Paternity Leave is a period of leave which
can be taken by the employee to provide support to a partner. An employee has the right of
claiming one or two weeks as paternity leave which is paid by the employer. The leave has to be
taken for a whole week or consecutive weeks. Thus these are the provisions which must be
known to the manager in relation to Maternity, Paternity and Annual leaves.
Answer 5.1
Identify the major requirements of health and safety law.
The major legislation which governs the provisions in relation to occupational health and safety
is The Health and Safety at Work etc. Act 1974. The responsibility of imposing the provisions of
the legislation is on theHealth and Safety Executive. There are significant number of duties
which have been imposed on the employer in relation to the work place. These duties are as
follows:
Providing the employees with a safe system of work
Providing the employees with a safe place to work
Providing the employees with safe machinery plant and tools
Providing the employees with competent and safe people to work along with as the
liability of their actions is in the employer
Initiating timely risk assessment as provided through the regulations and taking all
reasonable steps requires addressing the risks.
Providing the employees with information in relation to any danger of hazards in the
work place, work process and the supervision and instructions required for the purpose of
carrying out work activity in a safe way.

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Providing the employees with a competent person though employment who would have
the responsibility of undertaking all actions for a safe work place
Have timely consultation with workplace safety representatives
Providing proper facilities which are adequate for employee welfare at work
These basic duties have to be complied with by the employer under the provisions of the
legislations. The employer is liable to any accidents which takes place within the workplace
where the employer did not take reasonable care.
Answer 5.2
Explain the significance of implied duties about the management of employees at work.
Reference Constructive dismissal
The Managers which been imposed with implied duties which needs to be complied with by
them along with expressed duties provided under legal provisions for the purpose of
management of employees within the workplace. It is the duty of the managers to protect the
interest of the employees and provided them with a healthy working environment along with a
proper work-life balance. In case there is a failure on the part of the employers to abide by the
duties which are implied on them and the employees as a result resign then it would lead to a
case of constructive dismissal. Contractive dismissal is a situation in which the employee gives
resignation due to an act of the employer or any policy or procedure introduced by them which
are contrary to the interest of the employee. In case of a constrictive dismissal an employee has
the right to make a claim for unfair dismissal where fairness and good faith has not been
observed by the employer while enacting the policies and procedures. It is the implied duty of
the mangers to act in good faith and for a proper purpose when dealing with employees. These
Providing the employees with a competent person though employment who would have
the responsibility of undertaking all actions for a safe work place
Have timely consultation with workplace safety representatives
Providing proper facilities which are adequate for employee welfare at work
These basic duties have to be complied with by the employer under the provisions of the
legislations. The employer is liable to any accidents which takes place within the workplace
where the employer did not take reasonable care.
Answer 5.2
Explain the significance of implied duties about the management of employees at work.
Reference Constructive dismissal
The Managers which been imposed with implied duties which needs to be complied with by
them along with expressed duties provided under legal provisions for the purpose of
management of employees within the workplace. It is the duty of the managers to protect the
interest of the employees and provided them with a healthy working environment along with a
proper work-life balance. In case there is a failure on the part of the employers to abide by the
duties which are implied on them and the employees as a result resign then it would lead to a
case of constructive dismissal. Contractive dismissal is a situation in which the employee gives
resignation due to an act of the employer or any policy or procedure introduced by them which
are contrary to the interest of the employee. In case of a constrictive dismissal an employee has
the right to make a claim for unfair dismissal where fairness and good faith has not been
observed by the employer while enacting the policies and procedures. It is the implied duty of
the mangers to act in good faith and for a proper purpose when dealing with employees. These
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165EML
duties have been imposed in the employer through the provision of common law and precedent
cases. Where such duties are violated by the employer they may be prosecuted under common
law. Forexample where the employer deliberately provides negative comments to a reference
letter of an employee it is breach of a duty to act in good faith this situation took place in my
organization.
Answer 5.3
Explain the principles of the law on freedom of association. Consider the rights of TU’s
The freedom of association has been provided to the citizens in the UK through the provisions of
the Human Rights Act. This means that the citizens have a right to form or be a part of an
association. When it comes to employment the freedom of association provides a right to the
employees to be a part of a trade union. No discrimination can be done against an employee for a
reason that he or she has become a part of a trade union. The provisions in relation to trade union
and freedom of association are provided as a guarantee under UK law. This provides
opportunities to the employees to organize their affairs in a way which is chosen by them.
However the freedom of association is not absolute and can be restricted by law as per ECHR
article 11 where it is "necessary in a democratic society". The configuration of TUs can be done
in any manner to an extent they are in compliance with the provisions of Trade Union and
Labour Relations (Consolidation) Act 1992. The unions have the right to enter into a collective
bargaining agreement with the employers.
duties have been imposed in the employer through the provision of common law and precedent
cases. Where such duties are violated by the employer they may be prosecuted under common
law. Forexample where the employer deliberately provides negative comments to a reference
letter of an employee it is breach of a duty to act in good faith this situation took place in my
organization.
Answer 5.3
Explain the principles of the law on freedom of association. Consider the rights of TU’s
The freedom of association has been provided to the citizens in the UK through the provisions of
the Human Rights Act. This means that the citizens have a right to form or be a part of an
association. When it comes to employment the freedom of association provides a right to the
employees to be a part of a trade union. No discrimination can be done against an employee for a
reason that he or she has become a part of a trade union. The provisions in relation to trade union
and freedom of association are provided as a guarantee under UK law. This provides
opportunities to the employees to organize their affairs in a way which is chosen by them.
However the freedom of association is not absolute and can be restricted by law as per ECHR
article 11 where it is "necessary in a democratic society". The configuration of TUs can be done
in any manner to an extent they are in compliance with the provisions of Trade Union and
Labour Relations (Consolidation) Act 1992. The unions have the right to enter into a collective
bargaining agreement with the employers.

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Answer 6.1
Explain the main requirements of unfair dismissal law in respect of capability and
misconduct issues.
Unfair dismissal is the process by which an employee is dismissed by the employer and the
employer does not follow the rule of procedural fairness in the situation. There are various
claims which are made in relation to unfair dismissal in the UK. The primary legislation which
deals with provision in relation to unfair dismissal is that of Employment Rights Act 1996. The
legislation provides the circumstances in which unfair dismissal may take place. The term
wrongful dismissal has to be differentiated from an unfair dismissal. However a situation where
the employee is dismissed for gross misconduct cannot be regarded as unfair dismissal. In the
same way the employer has the right to dismiss the employee when it can be provided by the
employer that the employee dies not have the capacity to hold his job position in the company.
The provisions in relation to unfair dismissals are provided through section 94 to 134A of the
ERA. The statutory definition of what can be regarded as fair has been provided through the
legislation. A claim for unfair dismissal can be made by any employee who has been working for
a period of more than 2 years for the employer. While dismissing any employee it is the duty of
the employer to carry out disciplinary proceedings as per the rules provided by the Acas
(Acas.org.uk 2018). Any grievance which has been faced by the employee also is to be addressed
through the code provided by the Acas. In the given situation it is the duty of the employer to
ensure that the no same person undertakes a meeting in relation to disciplinary actions against
the employee.
Answer 6.1
Explain the main requirements of unfair dismissal law in respect of capability and
misconduct issues.
Unfair dismissal is the process by which an employee is dismissed by the employer and the
employer does not follow the rule of procedural fairness in the situation. There are various
claims which are made in relation to unfair dismissal in the UK. The primary legislation which
deals with provision in relation to unfair dismissal is that of Employment Rights Act 1996. The
legislation provides the circumstances in which unfair dismissal may take place. The term
wrongful dismissal has to be differentiated from an unfair dismissal. However a situation where
the employee is dismissed for gross misconduct cannot be regarded as unfair dismissal. In the
same way the employer has the right to dismiss the employee when it can be provided by the
employer that the employee dies not have the capacity to hold his job position in the company.
The provisions in relation to unfair dismissals are provided through section 94 to 134A of the
ERA. The statutory definition of what can be regarded as fair has been provided through the
legislation. A claim for unfair dismissal can be made by any employee who has been working for
a period of more than 2 years for the employer. While dismissing any employee it is the duty of
the employer to carry out disciplinary proceedings as per the rules provided by the Acas
(Acas.org.uk 2018). Any grievance which has been faced by the employee also is to be addressed
through the code provided by the Acas. In the given situation it is the duty of the employer to
ensure that the no same person undertakes a meeting in relation to disciplinary actions against
the employee.

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Answer 6.2
Explain the scope of the right for employees to be accompanied at serious discipline
and grievance hearings.
The employees are provided with the right to be accompanied to a disciplinary proceeding to be
carried out by the employer in relation to any attempt to dismiss the employee. The person who
can be accompanied with the employee can be any person of his choice including a trade union
representative or a fellow employee. This is a statutory right which has been provided to the
employees through the provisions of the ERA. It has been provided by section 10 of the ERA
1999 that the section is applicable in situation where a worker has been invited by or required by
an employer to a disciplinary or grievance hearing and makes a request to be accompanied with
during the hearing. In situation where the section is applicable the employer has the duty of
allowing the employer to be accompanied with a person of his choice in relation to the hearing.
In case the provisions are not followed it would lead to unfair dismissal.
Conclusion
It can be concluded from the above discussion that every human resource manager has to be
aware of law which deals with the relationship between an employee and the employer. They
have to pay the minimum wages to the employees according to the living wages requirements.
They also have to ensure that the employees are not made to work for more than 48 hours a week
or it would lead to violation of the work time regulations. Right to association and form or join a
trade union has to be provided to the employees. The employer must provide the employees with
a safe and healthy environment to work in. when dismissing an employee the employer has to
abide by the disciplinary guidelines set out by the Acas
Answer 6.2
Explain the scope of the right for employees to be accompanied at serious discipline
and grievance hearings.
The employees are provided with the right to be accompanied to a disciplinary proceeding to be
carried out by the employer in relation to any attempt to dismiss the employee. The person who
can be accompanied with the employee can be any person of his choice including a trade union
representative or a fellow employee. This is a statutory right which has been provided to the
employees through the provisions of the ERA. It has been provided by section 10 of the ERA
1999 that the section is applicable in situation where a worker has been invited by or required by
an employer to a disciplinary or grievance hearing and makes a request to be accompanied with
during the hearing. In situation where the section is applicable the employer has the duty of
allowing the employer to be accompanied with a person of his choice in relation to the hearing.
In case the provisions are not followed it would lead to unfair dismissal.
Conclusion
It can be concluded from the above discussion that every human resource manager has to be
aware of law which deals with the relationship between an employee and the employer. They
have to pay the minimum wages to the employees according to the living wages requirements.
They also have to ensure that the employees are not made to work for more than 48 hours a week
or it would lead to violation of the work time regulations. Right to association and form or join a
trade union has to be provided to the employees. The employer must provide the employees with
a safe and healthy environment to work in. when dismissing an employee the employer has to
abide by the disciplinary guidelines set out by the Acas
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Recommendations
The managers are recommended to set out the terms of the employment contract in total
compliance of legal provisions or the organization may be subjected to unwanted
liabilities.
In situation where the working environment which is provided by the employee is safe
and healthy it enhances motivation of the employees and thus it leads to more
productivity within the organization.
Providing rest breaks to employees through leaves and letting them work for only 48
hours a week would ensure that the work life balance of employees are enhanced and
they would be able to provide more effort towards the organization.
Through observing the notion of procedural fairness within the organization while
handling any concern of unwanted behavior or lack of incapacity and dismissal of the
employees the employers not only comply with legal requirements but also promote
equality within the workplace which enhances employee performance.
Through adopting no discrimination policy the employers can enhances the workplace
diversity within the organization which in return enhances work culture.
Recommendations
The managers are recommended to set out the terms of the employment contract in total
compliance of legal provisions or the organization may be subjected to unwanted
liabilities.
In situation where the working environment which is provided by the employee is safe
and healthy it enhances motivation of the employees and thus it leads to more
productivity within the organization.
Providing rest breaks to employees through leaves and letting them work for only 48
hours a week would ensure that the work life balance of employees are enhanced and
they would be able to provide more effort towards the organization.
Through observing the notion of procedural fairness within the organization while
handling any concern of unwanted behavior or lack of incapacity and dismissal of the
employees the employers not only comply with legal requirements but also promote
equality within the workplace which enhances employee performance.
Through adopting no discrimination policy the employers can enhances the workplace
diversity within the organization which in return enhances work culture.

205EML
References
Acas.org.uk. (2018). [online] Available at: http://www.acas.org.uk/media/pdf/f/m/Acas-Code-of-
Practice-1-on-disciplinary-and-grievance-procedures.pdf [Accessed 17 Apr. 2018].
Anderson, G., Brodie, D. and Riley, J., 2017. The Common Law Employment Relationship: A
Comparative Study.
Barnard, C., 2012. EU employment law. Oxford University Press.
Blau, F.D., 2016. Gender, inequality, and wages. OUP Catalogue.
CIPD. (2018). Court System & Employment Law | Factsheets | CIPD. [online] Available at:
https://www.cipd.co.uk/knowledge/fundamentals/emp-law/about/court-system [Accessed 17
Apr. 2018].Deakin, S.F. and Morris, G.S., 2012. Labour law. Hart publishing.
Cunningham, N. and Reed, M., 2014. Employment Tribunal Claims: Tactics and Precedents.
LAG Education and Service Trust.
Dau-Schmidt, K.G., Finkin, M. and Covington, R., 2016. Legal protection for the individual
employee. West Academic.
Elkouri, F., Elkouri, E.A., Ruben, A.M., American Bar Association and Employment Law,
2016. How arbitration works (pp. 15-69). Bloomberg BNA.
Gov.uk. (2018). Redundancy: your rights: Redundancy pay - GOV.UK. [online] Available at:
https://www.gov.uk/redundant-your-rights/redundancy-pay [Accessed 17 Apr. 2018].
Health and Safety at Work etc Act 1974
References
Acas.org.uk. (2018). [online] Available at: http://www.acas.org.uk/media/pdf/f/m/Acas-Code-of-
Practice-1-on-disciplinary-and-grievance-procedures.pdf [Accessed 17 Apr. 2018].
Anderson, G., Brodie, D. and Riley, J., 2017. The Common Law Employment Relationship: A
Comparative Study.
Barnard, C., 2012. EU employment law. Oxford University Press.
Blau, F.D., 2016. Gender, inequality, and wages. OUP Catalogue.
CIPD. (2018). Court System & Employment Law | Factsheets | CIPD. [online] Available at:
https://www.cipd.co.uk/knowledge/fundamentals/emp-law/about/court-system [Accessed 17
Apr. 2018].Deakin, S.F. and Morris, G.S., 2012. Labour law. Hart publishing.
Cunningham, N. and Reed, M., 2014. Employment Tribunal Claims: Tactics and Precedents.
LAG Education and Service Trust.
Dau-Schmidt, K.G., Finkin, M. and Covington, R., 2016. Legal protection for the individual
employee. West Academic.
Elkouri, F., Elkouri, E.A., Ruben, A.M., American Bar Association and Employment Law,
2016. How arbitration works (pp. 15-69). Bloomberg BNA.
Gov.uk. (2018). Redundancy: your rights: Redundancy pay - GOV.UK. [online] Available at:
https://www.gov.uk/redundant-your-rights/redundancy-pay [Accessed 17 Apr. 2018].
Health and Safety at Work etc Act 1974

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Holland, J.A., Burnett, S. and Millington, P., 2015. Employment Law 2016. Oxford University
Press.
Human Rights Act 1998
Lawrence v Regent Office Care Ltd (2003)
National Living Wage 1998
Nigel, D., Eady, J., Hungerford-Welch, P., Nag, S. and Sprack, J., 2015. Employment Law in
Practice. Oxford University Press.
Painter, R. and Holmes, A., 2015. Cases and materials on Employment Law. Oxford University
Press, USA.
Rothstein, M., Liebman, L. and Yuracko, K., 2015. Employment Law: Cases and Materials
(University Casebook Series). Foundation Press.
Sprague, R., 2016. Editor's Corner: Frontiers in Employment Law. American Business Law
Journal, 53(3), pp.435-437.
The City Law School, 2016. Employment Law in Practice. Oxford University Press.
The Employments Rights Act 1996
The Employments Rights Act 1999
The equality Act 2010
Trade Union and Labour Relations (Consolidation) Act 1992
Walsh, D.J., 2015. Employment law for human resource practice. Nelson Education.
Holland, J.A., Burnett, S. and Millington, P., 2015. Employment Law 2016. Oxford University
Press.
Human Rights Act 1998
Lawrence v Regent Office Care Ltd (2003)
National Living Wage 1998
Nigel, D., Eady, J., Hungerford-Welch, P., Nag, S. and Sprack, J., 2015. Employment Law in
Practice. Oxford University Press.
Painter, R. and Holmes, A., 2015. Cases and materials on Employment Law. Oxford University
Press, USA.
Rothstein, M., Liebman, L. and Yuracko, K., 2015. Employment Law: Cases and Materials
(University Casebook Series). Foundation Press.
Sprague, R., 2016. Editor's Corner: Frontiers in Employment Law. American Business Law
Journal, 53(3), pp.435-437.
The City Law School, 2016. Employment Law in Practice. Oxford University Press.
The Employments Rights Act 1996
The Employments Rights Act 1999
The equality Act 2010
Trade Union and Labour Relations (Consolidation) Act 1992
Walsh, D.J., 2015. Employment law for human resource practice. Nelson Education.
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