5OS01 Specialist Employment Law Task 1: Manager’s briefing paper
1.1 Aims and objectives of employment regulation
The primary aim of employment regulation is to guide the overall employees expectations to their employers and embracing appropriate rights for all stakeholders. The aims and objectives in employment law include;
Fairness
As defined in CIPD (2021), fairness entail a process where the employees interests are prioritised as they execute their job roles with no discrimination. For instance, for Acenez Research Labs (ARL) case study organisation, by embracing fairness, the male and female starting salary would be fair hence safe from any complaints being raised. As evidenced in the Equality Act 2010, at all times, discrimination/inequality should not be tolerated in contemporary working environment. Additionally, by offering equal pay, factors of wellbeing and distributing the roles in a fair manner. The different employment regulations which impact on the fairness is as illustrated in figure 1;
Figure 1: Fairness and Employment Regulation
Government Policy Implementation– For ensuring the labour markets are attained, regulations are used in governing various entities inclusion in regulating governments operations. In UK case study where Acenez Research Labs (ARL) operates, the government has a mandate to set the relevant employment contract types, features inclusive of hours of work (Felstead et al., 2020). This is informed by what Adams and Prassl (2018) note as a process used to shield and guide staff in course of implementation of their functions.
Employee Protection– This is noted in Osuna (2022) including protection of employees from harm or ill-intention of an entity. For example, the National Minimum Wage Act 1998 (CIPD, 2021a), employees are safe from any pay issues. Further, Working Time Regulations 1998 (CIPD, 2021b) note that the number of hours for working which is 28 days by being offered with full pay. Also, Employment Rights 1998 protection employees from being denied from work-life balance issues, remote working and family care aspects.
1.2 Tribunal and Courts System in Enforcement of Employment Law
To enforce employment law, CIPD (2022) note that tribunals and court systems play a core role. The tribunals are used in managing claims owing to wrongful/unfair dismissal, remuneration inequality and unplanned wage reduction. The courts systems conversely include following several phases while ACAS being involved before going to the tribunal courts. This is the Early Conciliation Program (Citizen Advice, 2022). For instance, Acenez Research Labs in their operations with the final decision evidencing on unfair dismissal (CIPD, 2021c).
The tribunal and court system process ss are engaged in the following areas to enforce employment law;
Figure 2: Court and Tribunal System Summary
Employment Tribunals– For employment tribunals, employees and employers are involved in passing a claim. This is evidenced by issues relating to unfair and wrongful dismissal, discrimination due to possessing protected characteristics and equal pay.
Employment appeal Tribunal– This is involved in solving the conflicts evident in the employment relationship and guiding reasonable adjustment (Rolf et al., 2022). The different cases which are managed here include lack of an understanding, misapplication of legislations, failure to pursue relevant practices, lack of evidences in making decisions and unfair practice.
Court of Appeal-For Acenez Research Labs, the cases which would be involved here include those which are civil or criminal based. These cases similarly impact on the family obligations which are appropriately prioritised.
Supreme Court– According to Butler (2021), in UK, this represent the highest level of court and tribunal system followed to resolve the civil and criminal based cases in countries such as England, Wales and Northern Ireland. In regard to Acenez Research Labs, the cases which would be handled include those which call for appropriate interpretation and amending a constitution.
1.3 Cases settlement, Role of ACAS, use of COT3 (GB) and Early Conciliation Process
The settling of cases prior going through the formal process would include the approaches as summarised in table 1;
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