Activity 1 1.1 Explain the aims and objectives of employment regulation. The aim of employment regulation is to provide legal protection to employees and employers the relationship among businesses. Objectives of Employment Law: Social justice is distribution of difference in society based on equality and opportunity. Within the workplace, social justice also refers to access to rights and fairness. Employee protection employment rights are designed to balance the anticipations of the job with fair treatment of the employee performing it. Employee rights at work come from: • Statutory rights • Employment contract. European law: As part of the European Union, the UK is a subject to European law; this law can take the place of any …show more content…
• EU Law = Working Time Directive (2003/88/EC). Protects workforces’ health and safety, working hours must meet minimum standards related in the EU. Northern Ireland government policy states employment law should be generally in line with the law in Great Britain. The only main distinction was discrimination on grounds of religious belief and political opinion. HR compliance should be treated as a process of defining both individual and group behavior’s ensuring the organisation’s appropriate laws and policies are followed. The HR function hires and retains individuals that are knowledgeable about HR specific laws and can create policies, as well as, procedures in relation to these laws. 1.2 Describe the role played by the tribunal and courts system in enforcing employment law. The employment tribunal is to resolve any disagreements that arise between employers and employees in the business and workplace. The role of employment tribunals is to hear and make decisions on disagreements regarding: • Unfair dismissal claims. • Wrongful dismissal …show more content…
• Harassment. • Breach of legal right/contract. Less formal system to hear cases – application and hearing fee. • Can also hear wrongful dismissal as a breach of contract cases (up to £25k). • 24 months service for unfair dismissal, no service for discrimination 3 months to make the claim (6 months equal pay). Employment judge – can sit alone (or supported by two lay members). Systems of appeals – final appeal European Court of Justice (ECJ)/Human Rights (ECHR) Pic. 1 1.3 Explain how cases are settled before and during formal legal procedures. Settlement of Cases: Employers/employees may resolve amongst themselves through: • Policies. • Procedures and processes. Dispute resolution method Purpose Advantage Disadvantages Mediation Mediation informal process where neutral third party assists conflicting parties. Mediator are presenting during process, thru the agreement between the parties. Legally binding in most judicial systems. The mediator, hired is an outside party helps to reduce conflict and stress. Mediation can be a problem if one or both parties are with holding information. In case of mediation is unsuccessful, the parties may have wasted time and
Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures are used if conflict is between employees or members of an organization. The 3rd party, doing the mediation is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process being conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for
Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures used if conflict is between employees or members of an organization. The 3rd party, who does is allowed to make a decision is doing the mediation and is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for
Identify sources and types of information and advice available in relation to employment responsibilities and rights.
2. How to ensure that the dismissals are fair and the importance of this to both the employer and employee.
All Learners need to know that employers and employees have a range of statutory responsibilities and rights under Employment Law and that employment can be affected by other legislation as well. 1.1 Contracts of Employment1
Employee's Responsibility: To take reasonable care of themselves in the workplace and to be mindful of the effects of their acts and omissions. Policies and procedures are what differentiates each workplace. Every workplace should develop and implement policies and procedures which are relevant to the individual workplace incorporating the legislation from the 2 statements. for example, a newspaper shop would have a different set of policies than a care home because there are different tasks being carried out by the staff. Ethical Issues and Research • Human rights Individuals in the European union countries have among other rights, a right to life, to be free from torture degrading treatment, and discrimination and to have their privacy respected.
Once the tribunal has made a decision, an award can be given. This can include compensation, payment of wages or any money that is due to the employee. Reinstatement and re-engagement are also a choice but both of these are very rare. Judgment may not always be given on the day of the hearing.
A mediator has no legal authority to impose a settlement on the parties thus functions more as an invited guest who can be required to leave if one or both bargaining parties no longer desire the mediators continued involvement in the bargaining process (Holley, Jennings, & Wolters, 2012). A mediator 's primary function is to identify issues, explore possible bases for agreement, discuss the consequences of reaching impasse, and encourage each party to accommodate the interests of other parties through negotiation. However, unlike arbitrators, mediators lack
On 24th October 2012, the employee Mrs Smith reported a grievance against Mr Hamilton on the grounds of age discrimination. The act of discrimination was reported to be on the 10th October 2012. Mrs Smith reported this grievance verbally to Mrs Tool (manager) on the 10th October 2012. However Mrs Smith felt the outcome of the verbal report had not resolved the matter and therefore reported the grievance formally in writing on the 24th October 2012. Mrs Smith wanted her grievance to be discussed formally and resolved. The grievance report was received and dealt with by
The definition of 'employee' and 'worker' differs slightly from one area of legislation to another, but generally workers have less rights
"Employment tribunals were established under the Industrial Training Act 1964. They were previously referred to as Industrial Tribunals, but their name was changed by s1 of the Employment Rights (Dispute Resolution) Act 1998, which took effect on 1 August 1998"(J.Nairns,2011,p.6). Now, HM Courts & Tribunals Service which is an executive agency of the Ministry of Justice, supervise employment tribunals. Employment tribunals are constituted on the basis of region. In England and Wales, there are 11 regional offices of the Employment Tribunals(ROETs). There is Regional Office in each region
Employment legislation exists to protect both Employee and Employer and must be adhered to at all times. Legislation assists in regulating the relationship between Employers and Employees in order to ensure that abuse does not take place. It gives the employee a sense of security, and ensures we receive all the benefits we are entitled to.
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.
The role of the tribunal and court systems in enforcing employment law is to ensure that cases brought before them are dealt with in a fair and consistent manner. Delivering an outcome that is consistent with the facts put before them. They have to consider the evidence placed by both the employee and the employer. In most cases it is for the employer to prove that they handled the case appropriately taking account of their internal procedures and ensuring that they were not in breach of any relevant employment legislation related to the employee and their circumstances.
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.