Report Explaining the aims and objectives of employment regulation.

The main purpose of the employment law is to protect the employee’s rights and enforce employer duties and obligations. The law has many functions that are aimed at enhancing the relationship between employees and employers. The employees would be left open for unfair treatments as well as hosteling by job employers without any kind of laws as well as legislation to govern what happens at the workplace nowadays. Furthermore, it should leave the employers unassisted on how to manage the employees who take advantage of the conditions. Several laws with reputes for employment are set up in the sense of providing protection as well as become the advantages for employers as well as employees without one taking benefits and making sure the fairness as well as maintain consistency at the workplace.

The first objective is to provide equal opportunities. The law provides all people with access to employment opportunities and enhances the equal treatment in the workplace. The laws prevent discrimination and other unfair treatment based on the factors that have no relationship to the job requirements. The law also ensures that there is equity pay. It prohibits employers from using different pay scales or different compensation practices based on aspects such as gender and race. Employment laws also reduce the risk at work by ensuring that it has rested the obligation of providing a safe working environment by the employers. The law also stipulates that there is a just social order by recognizing human rights in the industry. Employment regulations are also aimed at preventing all types of industrial conflict with the goal of providing better living standards of the employees. The law also protects the interest of labor and management by enhancing the highest level of mutual understanding. In the account of social change as well as the demographic change of the workforce, it has also been taken by the employment legislation and laws. It removed the default retirement age (DRA) of the United Kingdom in the year of 2011. The decision about the retirement of the employee’s condition as well as time is based on the choice of the employees. Further changes have come into shape then they introduced the flexible concerning rights of working. For now, every employee has the right to requesting flexible hours of working the extension afterward in the previously reserved rights by the government for those persons who were looking after their children. Although older people can be helped by having such flexibility into the job to stay in the work because they are allowed by this flexibility for accommodations to distinguished things in life like some issues related to health, income requires medical treatment or time for traveling.

According to Woodhams and Taylor (2012), several employers would be attracted to the compromising on H&S for the payment of incentives unfairly to stack them and to force the whole staff to work very hard without giving them compensation as well as to deny them basic privileges. The factsheet is explaining at the time of discussion on the law of EU labor of CIPD 2013 that the parliament is required to amend the current legislation in the sense of making them align with the European requirements by the EU labor law. Moreover, law-making is a proper process that passes through several stages. The new term for such kind of legislation is now commonly called bill. Both houses of the parliament, as well as receive royal agreement from the president of the parliament, must agree on such bills, and then they become Act of the parliament. In the end, the objectives and aims are discussed

1.2   Describe the role played by the tribunal and court system in enforcing employment law.

The forms of the statutes are taken by most of the employment legislation passed by the parliament as Acts as well as regulations such as the disability of discrimination Act as well as the Act of Equal pay of 1970. Moreover, the relationships in the employment are in large part ruled by the contractual disputes as well as the legislation of the agreement such as the ordinary civil courts (typically the country court or high court in England, sheriff court in Scotland, as well as Northern Ireland and Wales) can the deal this. The employment tribunals can enforce the majority of these statutory rights, as well as it also contains several distinguished employment rights in statue legislations, which are known as the industrial tribunals in Northern Ireland.

Furthermore, it is dealt with by the employment tribunal along with the claims brought by the employees for the tribunal toward the employer regarding the termination of the employment. The tribunal also has jurisdiction to consider the contractual matters relating to employment. Some of the disputes heard by the courts include equal pay claims, discrimination claims, unfair dismissal, wrongful dismissal, as well as claims connecting to the deduction of salaries. The ordinary civil courts hear disputes relating to restrictive covenants, an accident at work, wrongful dismissal and contractual claims and the contractual breach in relation to the payment of the wages and benefits. Court and tribunals in different countries serve the dual purpose of protecting the employees and enhance the stability of employment. Most of the cases affecting the employees and the employers will be gotten on the tribunal of the employment. In the event, the court has erred when delivering finding upon the law question. Although, it should refer to the appeal for the Employment Appeal Tribunal. To the court of appeal, the appeals can be taken from this point or the high court, the country court as well as Supreme Court, and this marks the end of the procedure within the local or national law. However, it is important to note that it does not consume the authority finished inattention cases if irresponsibility has resulted in injury or loss. Such cases are heard in court. Other cases that are not under the competence of the tribunal include the breaching of the terms relating to intellectual properties, where the breaches of the conditions occur in imposing an obligation of confidence. The above cases are only heard in courts in enforcing the contract law.

1.3   Explain how cases are settled before and during formal legal procedures.

To make claims, it is being wished by the employees to do so by completing the ET1 form as well as the submission of these claims to the employment tribunal. The logs of the tribunal upon the receipt on the claims, which send a copy for the arbitration service, advisory as well as conciliation. It sends an extra copy to the employer who is respondent together along with the particular form on which he will answer to a particular claim named as ET3. For completing and returning the ET3, the respondent has 28 days form to the tribunal. Moreover, the case is also listed for the hearing upon the receipt of the particular form. Within three months, an employee is also supposed to submit the claim for the tribunal after any other activities related to employment or the date of the expiry of the employment. Though, a limit time of six months is owned by the distinguished claims like the redundancy payment. Acas offers independent conciliation service when the demands begin. An officer of Acas approaches both parties to explore the possibility of claims being settled without continuing to full tribunal hearing. Matters accepted but withdrawn, or unsettled proceed at a formal hearing to the tribunal. From here, the process of preparation begins where both parties are required to have the statements of witnesses from all of the highlighted as well as the known witnesses expected to give the evidence during the trial. It is a requirement that the Witness statements have an obligation to be in writing with numbered paragraphs. The parties should also produce the documents relating to the claim, such as the emails, contract of employment, notes of meeting among others. Both sides should these documents to each other at an earlier stage. Due to the complexities of the law, both the respondents and the claimant involve the representatives. During the hearing, witnesses would join the tribunal within the assigned period, with everyone participating in the hearing required to be registered by having the clerical duty as well as proceed to the fitting waiting room. The judge of employment defines significant problems with the intention of looking for preliminary issues to address. Witnesses are required to take oath on the holy bible when they are reading particular statements as well as then the cross-examination start. Tribunal asks questions, and then the representative of the witnesses has a chance of asking more questions. In the absence of the witness, the employee or the employer can interrogate his or her witness. When the witness of one side presents their evidence, the process starts all over again on the other side. Eventually, representatives of both sides sum up the case, and the tribunal is set for adjournment.

2.1 Identify the main principles of discrimination law in recruitment and selection and in employment.

The discrimination on the major principles of the law within the recruitment as well as the selection and in the employment are discussed here. The very first Act of 2010 form it unlawful for the employers for the discrimination against the applicants of the job such as the existing workers because a protected entities the which are named as race, disability, age, sexual orientation marriage as well as the civil partnership as well as disability plus the maternity as well as the pregnancy.

·         The particular provisions apply in the relationship for the nearing extinction feature of the disability.

·         To direct discrimination, failing to the offer of a job applicant of the position due to the characteristic in quantity.

·         Unlawful is made by the equality Act of 2010 for the employer for the discrimination in contradiction of the applicants of the job due to protected features.

·         Employers want to take care now not to practice criteria and stipulations to job necessities and the recruitment process that can also result in unjustifiable indirect discrimination towards job applicants.

·         There is a duty to make lifelike adjustments to the recruitment procedure in relation to job candidates with a disability. It is unlawful to ask a job applicant questions about his or her health or incapacity earlier than making a job offer to that person, though there are some exceptions to this rule.

·         It is permissible to goal recruitment toward under-represented or disadvantaged groups.

·         Employers can take tremendous detailed motion in connection with the recruitment and merchandising however only in constrained defined circumstances

·         The Equality Act 2010 permits employers, in confined circumstances, to operate an exception to the regular principle of equality and follow to submit a requirement to have a unique protected characteristic.

·         Giving guidelines to an employment business enterprise to discriminate is unlawful, and if the directions are carried out, both the organization that gave the instructions and the employment agency that complied with them would be in charge of the law. 

2.2 Explain how contracts of employment are established.

 The contracts of employment are passed as well as processed because the contract can be very creative as well as very complicated. The contract is established for the agreement, or the mutual understand of two or more than two parties. First of all, the things or the aspects are discussed in the agreement, which will be written and discussed in front of all parties. If they want any changes in the contract, they can discuss it again then written on the paper. All of the parties will sign on that contract, and they will submit to the professionals.

3.1 Describe when and how contracts can be changed lawfully.

A contract among the employee, as well as the employer, is represented by the contract of the employment which clearly outline actual rights as well as the duties of the both of the sides. Furthermore, if they feel any kind of need to change such kind of contract, then the agreement should agree with both of the parties on the same point or agreement which will be individual based or collective based. Furthermore, both the parties should have mutual understanding on one point, which is written in the agreement, but if they ever feel before sign on the agreement paper, they can make some changes to remove the conflicts as well as terminate the ambiguities. Although an employer who desires to vary the contract of the employee, he must consult fully the representative of the employee whether the employee is male or female, along with several reasons for the change sufficiently explained. Moreover, the contract on the change can be made either in the form of a written paper or in the form of words. In the very simple words, the change agreement among both the parties, such as the employee and employer, can be verbally as well as written because the change contract varies on the conditions where the change has been agreed as well as variations concern the specific that would or must be combined strongly in terms of the employer. It also requires the employer to provide the well-written notification which concerns the switch into the month at the time of the change which will be very effective.

3.2 Explain the main requirements of redundancy law.

There are eligibility requirements to be met by a person claiming excess. Firstly, the employee must have at least two years of continuous service. Secondly, the employee was dismissed under the following circumstances. The contract must have been terminated by the employer with or without the well-written notification, or the contract has expired as well as is not renewed. Where the resignation of the employee results from the conduct of the employer and or when an action of the employer or an event occurring to the employer makes the contract to be terminated by the operation of the law. Furthermore, redundancy is a type of dismissal. To explore the option of making members, the employers try to explore at the time when they will have the need for the reduction of the workforce. There are several kinds of conditions as well as situations of the reasons which can reduce the staff number or the strength. The employees are traditionally doing or performing jobs by using computers to increase the work. Making the staff redundant may be considered by the employer in the sense of bringing the efficiency within the workplace by replacing them along with technology for streamlining the process as well as increasing the productivity. On the other side, a rival could take over the employer. Usually, most positions of the employee would be safe within the situation.

3.3 Explain the main requirements of the law on business transfers.

 The law of the business transfer to provide protection to the employee when the undertaking is being transferred. It protects the employee from suffering any disadvantage because of the assignment. The continuity of the business and its operations must be protected alongside preserving the employee job position. A right is owned by the employees for the information regarding the transfer planned as well as giving them the right before the information of the company to object the transfer of the relationship of the employment. Some guidelines are required to ensure efficient business transfer. For instance, for transfer to take place, there must either be a change in an individual or company that is responsible for running the company. The business transfer should not influence the continued existence of the relationships concerning employment. From this perspective, this objective represents an additional system of preventing employees against unfair dismissal. The acquiring party who is known to the transferee must take up all the duties and rights of the seller, who is known as the transferor. The business operations must be transferred as a going concern.

4.1 Identify the major statutory rights workers have in the fields of pay, leave, and working time.

There are some statutory rights given to the employees in the field of working time, leave as well as the salary. At the time of adoption, a child or the birth of the child, the government will grant six months paid leave to the female as well as six months' leave without any salary. In the unpaid leave, one partner will go to work. The illegal deduction cannot be made by the employer from the incentives of the employees.

4.2 Explain the major requirements of equal pay law.

 The concise overview is provided on the legal implications of the equal salary payment as well as a guide for a few significant principles as well as the important items in the Act of equality of 2010. The information in detail is also available on equal pay in the code of practice. The technical guide, authoritative as well as comprehensive for the provisions of the Act, is the code. The major requirement of the equal pay law is awareness to every employee, have to follow the laws as well as have the nationality.

4.3 Explain major maternity, paternity, and other family-friendly employment rights.

The employment tribunals can enforce the majority of these statutory rights, as well as it also contains several distinguished employment rights in statue legislations, which are known as the industrial tribunals in Northern Ireland. Furthermore, it is dealt with by the employment tribunal along with the claims brought by the employees for the tribunal toward the employer regarding the termination of the employment.

5.1 Identify the major requirements of health and safety law.

The law requires the chief executives or the managing directors to be accountable and responsible for the health and safety performance of the organization. Management is also required to develop a healthy and safety culture throughout the company, and this should be communicated to all other managers. The law also requires the management to provide leadership and guidance on the whole and safety matters. The management should also approve the sound and safety policies, procedures, and programs that have been developed by the organization managers. Departmental managers are responsible for the health and security of their respective departments. The contract must have been terminated by the employer with or without the well-written notification, or the contract has expired as well as is not renewed. Where the resignation of the employee results from the conduct of the employer and or when an action of the employer or an event occurring to the employer makes the contract to be terminated by the operation of the law. The law requires the employer to ensure the employees’ health, safety, and welfare at work. Here, the employer needs to make the workplace safe from the risks to health by providing sufficient welfare facilities. The risk to health, as well as the safety of the employees, must also be assessed by the employer that is exposed to at the time of working at the workplace. The employer is also required to provide any protective clothing or other equipment that is needed for health and safety.

5.2 Explain the significance of implied duties as regards the management of employees at work.

The implied terms are important in allowing the court to attain justice among the parties involved in the contracts or the agreements of the employment where it also shows the terms & conditions of the contract as well as current statutes proofs to be inadequate for the task. The first duty of employment requires that the employees utilize the skills and care in their work and when using the company property. This reduces the possibility of loss resulting from the breakage of properties or negligence on the part of the employees. Employees are also required to refuse commissions and bribes and protect confidential company information. This prevents the crisis in the organization by avoiding giving the rival the advantage. Employers have a duty of care and support to the employees. This facilitates a good relationship with the organization and motivates the employees. The implied duties also require the employer not to conduct herself or himself in the sense that it will damage the mutual trust and confidence. This further enhances the relationship between the employees and the employers and allows the creation of loyalty that increases the productivity of the organization.

5.3 Explain the principles of the law on freedom of association.

One of the principles of social justice, as well as protecting peace, is remained by the freedom of association. The free association in any organization is a reflection of human dignity. It guarantees the workers and the employers the ability to join and act together to defend civil liberties and the economic interest such as the right to integrity, security, the right to live, and personal and collective freedom. Freedom protects the workers from the act of interference, discrimination, and harassment. An individual worker has no power to counter the influence of the employers. In light of this perspective, freedom of expression is recognized by law as one of the major avenues used to strengthen the negotiating position and allowing workers to unite to counter this influence.

6.1 Explain the main requirements of unfair dismissal law with respect to capability and misconduct issues.

There are several kinds of requirements for unfair dismissal, but the very first requirement is that you should be an employee. The employee is a separate who has entered within the agreement of the employment. Furthermore, it can express or imply the contract. It is very clear as well as we can say it transparent from the information of the employees. The requirements of unfair dismissal laws in the sense of capability, as well as the misconduct problems, are discussed within the report. Before the provision of the unfair dismissal which is classified as automatically unfair, when key aspects of the dismissal are associated with an employee who is exercising the particular rights. The requirements are given below.

Capability:

·         Family issues: including the adoption leave or the time for the children, the leave of the paternity such as the adoption as well as birth, as well as the parental leave.

·         The fixed time employees, as well as the part-time employees who are doing jobs due to any kind of responsibility.

·         Representation involves acting as the representative of the employee.

·         The pregnancy issue involves all kind of reasons which associates with the maternity of the female's employees.

·         The union recognition as well as the union of the membership grounds of the trade

·         The working hours, as well as the salary, involve the regulations on the time of working, the minimum wage nationally as well as the annual leave.

Dismissals because of Misconduct:

If the researcher identified that it had involved the employee in an incident of the misconduct, then actions will totally depend on how serious that action was as well as how important that law for the employment. Some important key points are also discussed here.

·         If a good disciplinary record is owned by the employee as well as misconduct was a one-off, a verbal warning may be enough

·         If the misconduct was one of the incidents in the series, then the employee can have to provide a final hold or the well-written warning of the full disciplinary hearing.

·         If it is gross misconduct, you could dismiss the immediately in the case of the best ever practice not to do it.

6.2 Explain the scope of the right for employees to be accompanied by serious discipline and grievance hearings.

The scope of the right has been widened by ACAS for being accompanied at the grievance or the disciplinary hearing within recent practice code, intended for ensuring the fairness within the disciplinary process. Furthermore, the right to become accompanied by the codes of the ACAS is telling about more the right’s scope. The changes because of the tribunals are should aware of the employees who are obliged to have the regard for the relevant ACAS code when interacting and controlling with the claim.