Question:
Assessment brief/activity
You are required to provide written answers to each of the six activities below:
- Explain the purpose of employment law and how it is enforced. Briefly describe the role played by the tribunal and courts system in enforcing employment law. Include how cases are settled before and during formal legal procedures.
- You are asked to develop a training session for line managers with the title ‘managing recruitment, selection and appointments lawfully’. Outline the key points of the principles of discrimination law in recruitment, selection and employment that you would include in your presentation, and also include detail on how contracts of employment are established
- Your organisation is planning a major reorganisation that will involve relocating some people to other sites and outsourcing a major function to a sub-contractor. Summarise when and how contracts can be changed lawfully, the main requirements of redundancy laws, and the main requirements of the law on business transfers.
- You are asked to summarise for managers the key issues they need to consider to manage pay, leave and working time lawfully. Ensure you include the major statutory rights, equal pay, and maternity, paternity and other family-friendly employment rights.
- Identify the major requirements of health and safety law and the significance of implied duties as regards the management of employees at work. Then explain the principles of the law on freedom of association.
- You work for a small organisation which has never had to take formal disciplinary action against an employee before. You suspect a serious case will be arising in the near future. Explain the main requirements of unfair dismissal law in respect of capability and misconduct issues, and the scope of the right for employees to be accompanied at serious discipline and grievance hearings.
Evidence to be produced/required
Written answers for each of the six activities of approximately 3900 words in total (divided appropriately across the six activities).
You should relate academic concepts, theories and professional practice to the way organisations operate, in a critical and informed way, and with reference to key texts, articles and other publications and by using organisational examples for illustration.
All reference sources should be acknowledged correctly and a bibliography provided where appropriate (these should be excluded from the word count).
Solution/Answer:
- Purpose of Employment Law, Role
played by Tribunal and Courts System in Enforcing Employment Law and Settled
Cases Prior and During Formal Legal Procedures
- Aims and Objectives of Employment Regulation
In a general perspective, the employment law usually addresses different legal rights of employees and employers. Its relevance in the contemporary business environment is anchored on its two categories which include terms and conditions of employment and procedural issues impacting how the terms and conditions are agreed and applied in practice. Employment law is structured in the Act of Parliament (Equality Act 2010), EU Law (Working Time Directive 2003/88/EC) and Case law (An Introduction to Employment Law 2018). The aims and objectives of Employment regulation include;
Fairness– The concept of fairness is under a consistent change. For instance, in the past, the concept of fairness in UK was characterized by the lack of a minimum wage. With time, this was viewed as being unfair, and the government introduced a National Minimum Wage (ACAS, 2018). Further, this was contested, and the UK government launched the National Living Wage. Currently, this is under context by employers, employees and pressure groups arguing that the living wage is varying significantly in different areas for any national standards to be applicable.
Reasonableness– This is a concept applicable in both criminal and civil law. It also features in employment law in judging issues including unfair dismissal and disability discrimination. A plausible example is where tribunals rune on “reasonableness” of an employee’s dismissal and employers demanded to make “reasonable” adjustments at workplaces for accommodating disabled employees.
Equal Treatment– Employment regulation is used in identifying direct discrimination with the employment policies and procedures examined in-depth if they promote indirect discrimination by putting specific groups of people at a disadvantage.
Harmonization– The employment regulation has increased in its popularity since 1970, employers in the UK are transitioning from a single status approach to terms and conditions of their workforce. For instance, manual and non-manual workers treated similarly (Equality Act 2010). For instance, under employment law, employees are offered with equal annual leave entitlement.
1.2 Role Played by the Tribunal and Courts Systems in Enforcing Employment Law
In UK, the employment law is enforced using the Employment Tribunals with further opportunities available for further appeals in higher courts.
Civil Law and Criminal Law Employment law is primarily governed by……………………………………………………………………………………………………………………………………….Please contact our team to receive guidance, support and tutorial services on this assessment in full
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