(Solution) CIPD 7CO01 Question 7 employment regulation strikes a reasonable balance between the interests of employers and employees

Solution

In modern business environment, employment regulation is used in striking a reasonable/appropriate balance of the interests of employers and employees. The rationale of this is informed by Duggan et al. (2020) report which note that the employment relationship represent a legal link of employers and employees. This prevail in an event the employees perform their job functions/services within specified certain conditions to be remunerated. Nevertheless, this relationship has reciprocal rights and obligations of the employees and employees. In UK case, Arana et al. (2019) argue that the employment regulation in the country is used in creating a reasonable balance between the interests of employers and employees. To support this view, the specific employment laws which can be considered include;

Contractual: terms and conditions/status– As evidenced in CIPD (2022) a contract of employment represent a legally binding agreement between the employer and employee. For instance, the Employment Rights Act 1996 is used to demonstrate the benefits and gains accrued by the employers and also employees in their contract of employment. This is in areas of contract of service or apprenticeship and integration of both express and implied terms. For instance, in any contract which is implemented in UK labour market, there must be an offer of employment provided by the employer which ought to be clearly presented and unambiguous and can also be conditional. This is with acceptance of the offer by the employee with consideration of the different parties such as pertaining to job implemented and employees returning wages paid by employers. The rationale of this is creation of legally binding arrangement or a contract for success in their operations. Further, in UK McGregor et al. (2019) argue that it ought to detail on the different items which need to be integrated in written statement of particulars with employers refereeing to the employees handbook and other different policies for holistic details on issues including documentation linked with disciplinary and grievance rules and procedures, documentation linked to sickness and pensions and collective agreements. All these factors are doubled to the employers and employees working in an active collaboration in these contracts. The identified written statements further lead to clauses of employers expectations reliance on restrictive covenants  or legislations on the organisation equipment.

Family leave (Maternity, paternity and shared leave)– As explained in CIPD (2022a) the family leave laws in maternity, paternity and adoption rights in UK are relevant prior and after birth and adoption. The employees who are parents have an entitlement to the paternity, maternity or adoption leaves and pay and shared parental leave. The benefits of the legislation to both the employers and employees is informed by need of having them current, inclusive and coherent. The benefit of this is what Mohan et al. (2019) identify as minimum statutory leave and pay entitlements where employers leverage on flexible working arrangements and inclusive, family friendly working area. In UK, organisations successfully achieve this through guaranteeing support and retention of employees who are in need of the balance work and childcare. The benefits of this to the employers entail an increased retention and attraction of the top talents and positively impacting social disparities and health and wellbeing of employees and their children. Therefore, for this legislation, it offers a reasonable balance of the interests of the employers and employees. In this arrangement, the employers interest is to have employees who are able to execute their functions holistically. This is while being retained and engaged in the organisation operations. In UK case, the legislations in this area include the work and families act 2006 and children and families act 2014. For instance, the employers in UK have benefited from ensuring making flexible working default apart from a situation the employers leverage from an appropriate reason for not agreeing on. Hence, while offering protection to the employees, this legislation also prioritise on the interest of employers in the employment relationship.

Equality and Discrimination– According to CIPD (2022b)….

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