Unfair Labour Practices

Employment Rights Act 1996 - It deals with rights can get when at work including unfair dismissal, reasonable dismissal notice,

This is a 2000 word RBI on Article 92 (Failure to obey order or regulation) and Article 86 (Absence without leave)

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.

The area of law to be discussed would be implied 'terms of a contract which are not agreed by the parties.' They are terms which are related to 'contingencies which might affect the contract of employment in this case.' This is what 'parties intended but left unwritten in the gap of a contract.' There are five conditions by which a contract would be satisfied before a term would be implied. They are 'reasonable and equitable, necessary to give business efficacy so no term will be implied if

7 The right of employees to strike in support of their bargaining demands is protected by

an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate

It aims to increase protection for vulnerable worker while enabling businesses to control employment costs and handle workplace problems a lot more effectively. The impact relates to the concerns of the code of practice as it applies to all parties and as an impact on the recruitment process.

Employees now had the right to strike, and the employer’s retaliatory powers were limited under the act’s unfair labor practice provisions. By legislating the recognition of employee representatives and protecting the right to strike, NLRB forced the employer to share the decision-making power with employees. Employers can’t decide Labor no longer depended on work stoppages to get to the bargaining table or on economic factors to determine its equality. (Carrell, 2010) Therefore, employers can’t change any agreement decision without negotiation with union representatives.

This is a problem that could occur between the employee and employer, it is a complaint that they could have against each other for something that either of them has done wrong.

The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.

In the UK most employment law is considered as a civil or private law and is enforced as a result of one party suing another. The primary outcomes sought is usually that of compensation. Cases brought before the court are generally made by a former or existing employee or a failed job applicant and they use the courts system to allege that their employer has in some way caused a detriment and has done this in contravention on the law.

The definition of 'employee' and 'worker' differs slightly from one area of legislation to another, but generally workers have less rights

It is certainly true that the current law defining the employment status of ‘workers’ is uncertain, as it is wholly inflexible to deal effectively with cases of non-standard forms of employment, atypical workers, for example: agency workers, part-time workers, fixed-term workers, as required workers and homeworkers. Thus, reform is necessary to redress the concerns of lack of legal certainty in relation to this area of the law.

2. Can an employer unilaterally impose a grooming rule over the objections of its employees or their bargaining agent?

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