EMPLOYMENT LAW Introduction The aim of this Assessment is to demonstrate an understanding of employment regulation and how it is enforced. Other areas covered include; how to manage recruitment, manage issues relating to pay and working time lawfully and how to ensure that staff are treated lawfully when they at work. Finally it will cover managing performance and disciplinary matters lawfully. Activity 1 The purpose of Employment Law is to provide legal protection to employees and employers. Employment Law is set up to ensure legal guidelines and standards are met with recruiting, working standards, pay and allowances and the disciplinary process. It is also aimed at protecting a person’s Equality and Human Rights such as …show more content…
They will review the case using their experience and the evidence brought before them (descriptive documents, witness statements) followed by both parties Submissions. Once the Tribunal has come to its decision, it becomes legally binding to both parties and can only be appealed if the Tribunal has made mistake in the application of the law or the judgement was one which no reasonable tribunal could have reached. In order to avoid an Employment Tribunal, which can prove expensive to the complainant and the respondent, cases may be settled before and during formal legal proceedings. This is often arranged by a mediator. Employers and employees should always seek to resolve disciplinary and grievance issues in the workplace. Where this is not possible employers and employees should consider using an independent third party to help resolve the problem. This person maybe from within the organisation, or use an external mediator should that be deemed more appropriate (ACAS Code of Practice1, Apr 2009) If both parties fail to reach a resolution internally, a settlement can still be reached prior to the case reaching a tribunal. ACAS can play a significant role in this. A new set of arrangements was introduced in 2014 that gives ACAS conciliation officers a much more pertinent role. In a bid to encourage the parties reach out-of-court settlements and so reduce the costs of running the tribunal system, from 1 Apr 2014 new pre-claim
Legislation relating to employment exist because employers and employees need to know where they stand in a workplace, if certain legislations was not put in
Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.
Overtime a body of law or legislation has developed governing employer/employee relations and right of employees and employers in the workplace subsequently amended by the employment relations Acts of 1999 and 2003, provides arrange of contractual rights for employees including entitlement to an itemised pay statement.
Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.
Welcome and Introduction How to use this Workbook 1 Statutory Rights and Responsibilities 1.1 Contracts of Employment 1.2 Anti-Discrimination 1.3 Age Discrimination 1.4 Disability Discrimination 1.5 Working Hours, Rest Breaks and Holiday Entitlements 1.6 Maternity/Paternity, Parental and Adoption Leave 1.7 Absence and Sickness 1.8 Data Protection and Access to Personal Information 1.9 Health and Safety Procedures and Documents in your Organisation 2.1 Contracts of Employment 2.2 Anti- Discrimination 2.3 Working Hours and Holiday Entitlement 2.4 Sickness Absence and Sick Pay 2.5 Data Protection 2.6 Health and Safety Sources of Information and Advice 3.1 Internal Sources 3.2 External Sources About your Occupation and
Legislation relating to employment exists to stop exploitation of workers by their employers mainly to protect the rights of their employee’s and to make sure that they have everything they need such as.
Modules Topic Contracts of employment Anti-discrimination Age discrimination Statutory rights and responsibilities Disability discrimination Working hours, rest breaks and holiday entitlement Maternity/Paternity, parental and adoption leave Absence and sickness Data protection and access to personal information Health and safety Contracts of employment Anti-discrimination Procedures and documentation within your organisation Working hours and holiday entitlements Sickness
The general principles of contract law rule the structure of the contract of employment. A contract of employment is a contract by which a person, the worker, takes on for a limited or undefined period of time to do work for payment according to the instructions and under the direction or control of another person, the employer. Inside the structure of a contract of employment, a person carries out the service of work, gets payment and the work is carried out according to the direction and supervision of the employer. "The terms of the contract may be either in writing or given orally, but both are equally binding and enforceable. When a person is hired to be an employee, the person enters into a contract of service, which is an employer/employee relationship" (Determining the Employer/Employee Relationship - IPG-069, 2012).
In accordance with HR.com, at its most fundamental, arbitration is a method of dispute solution; arbitrations are confidential, jurisdictive determination of a disagreement, conducted an impartial third individual. An arbitration hearing might necessitate the utilization of an individual arbitrator otherwise a tribunal. A tribunal entails of any quantity of arbitrators; though, some legal systems require on an odd numeral for understandable rationales of wanting to circumvent a stalemate. Although, one and three are the majority communal number of arbitrators. The disagreeing participants surrender their authority to determine the disagreement to the arbitrator(s). Furthermore, arbitrations are a substitute for litigation, and
Occasionally disagreements do occur, and in these cases the union may decide to take industrial action. If the problem cannot be resolved amicably, the matter may go to an industrial tribunal. The purpose of industrial tribunals is to make sure that employee and employers conform to employment laws. They are made up of people outside the workplace who make a judgment about the case, based on the employees and employers point of view. Cases that go to industrial tribunals are usually about pay, unfair dismissal, redundancy or discrimination at work. The Advisory, Conciliation and Arbitration Service (ACAS) is often used to help find a solution to a dispute, which is acceptable to both sides. Its duty under the Employment Protection Act is to promote the improvement of industrial relations and in particular to encourage the extension of collective bargaining and also to develop collective bargaining machinery (Mclean, 2007). Its main functions are: advisory work, collective conciliation, individual conciliation, arbitration, and extended investigation into industrial relations problems.