Solution
Introduction
Employment law is fundamental in the relationship between employees and employers. According to the Chartered Institute of Professional Development (CIPD), employment law is concerned with regulating this relationship with regards to what either parties can expect from the other (CIPD, 2020a). This report covers various aspects and types of employment law.
1.1 Aims and Objectives of Employment Regulation
Employee protection
Employment laws shield employees from abuse and poor working conditions. Labour laws protect various employees’ categories. These include children and the disabled. The laws place restrictions on the extent the organisation can go in the working relationship (CIPD, 2020c). Some of the aspects that inform the employee protection are working hours, leaves, and cruel treatment from the managers. Besides, employment laws ensure individuals are compensated for their work and additional labour.
Fairness and equality
A major challenge that has crippled the employment sector is inequality based on gender, age, race, and ethnicity. Women and minority populations, for instance, have been discriminated in the past. Some of the challenges that they have faced include unequal wages, underrepresentation, and limited growth opportunities. In line with the Equality Act of 2010, organisations are required to treat every individual equally and fairly without discrimination (ACAS, 2019a). The employees should be paid equally, and policies should be instituted to avert structural-based discrimination. This is important in fostering the employee’s welfare at the organisation. Also, fairness and equality reduce the intention of an employee to leave an organisation. At the British Army, Hussain and Ishaq (2016) note that a wide range of policy initiatives related to equality and diversity have been implemented.
Social justice
Social justice at the workplace focuses on the equal relationship between employees and employers and power distribution. Through labour laws, the elements of exploitation and subordination, which define the capitalist production system are averted. Although leadership and management are central to the organisational system, the employees are protected from injustice manifested when employees overuse their powers (ACAS, 2019b). For instance, labour laws guide on collective bargaining to ensure that employees are awarded a suitable working environment and receive equal treatment.
1.2 Role Played by the Tribunal and Courts System in Enforcing Employment Law
The employment law in the UK can be categorised as private or civil. This implies that it is enforced due to the claimant sues the respondent for a remedy, such as compensation in the civil court. According to CIPD (2019a), the claimant is usually a worker or an employee or an unsuccessful applicant for a job. The claimant uses the court system to allege that a respondent has resulted in a form or detriment contrary to the employment law. The courts’ employment law moves from the tribunal through the courts and to the highest court. The process is as demonstrated in the flow chart below.
Figure 1: The Three-Tier System (Judiciary.uk)
In the three-tier system, the tribunal is the first level. It comprises of several components. These include the appeals from the executive agency decisions let by the tribunal judges and members, the upper tribunal, comprising of appeals from the first-tier tribunal led by the upper tribunal judges, and the employment tribunal (England & Wales, Scotland), comprising of the claims about matters regarding employment led by employment members and judges. The fourth aspect is employment-appeal tribunal. This involves the appeals from the employment tribunals.
In case a decision is not sufficient for either party in the tribunal, the employment issue moves to the court of appeal. In this category, the second level, the appeals are only based on the law points. The Lord Chief Justice leads the court of appeal, court of appeal judges, and the heads of division. In case the decision is to be further contested, the UK Supreme Court is consulted for the final decision. The appeal is also only based on the points of law.
1.3 How Cases Are Settled Before and During Formal Legal Procedures
Settling employment disputes can be done through alternative ways rather than the costly litigations by the courts. The alternative dispute resolution (ADR) comprise of the other confidential approaches of addressing the legal disputes. Two of the ADR approaches are mediation and conciliation. Although the advisory, conciliation, and arbitration service (ACAS) is not part of the tribunal system, it is essential for the parties seeking ADR to mention to them regarding the dispute. ACAS’s role is to provide an early conciliation by talking to both parties regarding the dispute (ACAS, 2019c). Table 1 below entails a summary of the purpose, advantages, and disadvantages of the dispute resolution approach.
| Dispute Resolution Method | Purpose | Advantage | Disadvantages |
| Mediation | Mediation involves attempts to make two disputing parties agree on a mediator. This is achieved by a setting a separate meeting with the parties and then a joint meeting. | 1] High control among the parties about the resolution. Every party participates equally in the resolution.
2] The process is confidential: Unlike the court system and proceedings, everything said by the parties is confidential. |
1] It is challenging to provide the complete truth of the issue since there are no evidence and witnesses.
2] It is impossible to set the legal precedents in mediation, limiting how much the mediators can do. |
| Conciliation | Conciliation is a confidential, flexible, and voluntary process that disputing parties use to seek an amicable settlement through a conciliator. | 1] Flexibility since the process is informal.
2] It is a cheap process compared to the use of litigation. |
1] Conciliation lacks an appeal avenue
2] It is common for the parties to fail in achieving a suitable settlement for every member. |
Table 1: The Purpose, Advantages, and Disadvantages of mediation and conciliation
2.1 Main Principles of Discrimination Law in Recruitment and Selection and in Employment
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