Activity 1
1.1 Explain the aims and objectives of employment regulation.
The aim of employment law regulation is to provide legal protection to employees and employers the relationship between businesses.
Objectives of Employment Law:
Social justice is the distribution of difference in society and is based on equality and its opportunity.
Within the workplace, social justice also refers to access to rights and fairness.
Employee protection employment rights are designed to balance the expectations of the job with the fair treatment of the employee doing it. Employee rights at work come from both as statutory rights and his/her employment contract.
European law
As part of the European Union, the UK is a subject to European law, with European law having authority and take the place of any domestic law. This means that domestic law should be done in the same way with European law.
Most EU law is also introduced into UK law via statutes. European Union directive can be interpreted into domestic law as it is less specific and most European Union influence on UK employment law has been through directives.
The sources of employment law are:
• Legislation
• European law
• Codes of practice & regulations.
The main source of employment law is statutes:
• Acts of Parliament = Equality Act 2010
Equal Opportunities legislation sets out that all employees should receive the same pay and conditions for carrying out the same or approximately similar work.
• EU Law =
SOCIAL JUSTICE refers to the concept of a society in which justice is involved or achieved in every aspect in life. As part of individuality in the society they have to have social justice
There are committees that examine proposals put forth by the European Parliament; these committees are there in both the House of Lords as well as House of Commons. This allows the parliament of UK to prepare and amend their own laws in a manner so as to be able to bring UK in line with rest of the European Countries.
With regards to finding out further information in relations to employment responsibilities and rights you can find in the following:-
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
This involves knowing about the laws relating to you and your employers responsibilities and rights in the work place.
The purpose of an employee handbook is for a company to keep a blue print of policies and procedures that are needed for a company to succeed. A handbook contains of a title page, a table of contents, a body, an index, and most importantly an acknowledgement. An employee handbook is based on main polices a company have. Some the policies include at will employment, hiring rules, anti-harassment and anti-discrimination rules, compensation, employed hours, leave of absence, benefits, heath, safety and most importantly disciplinary. (LegalFlip) protects the author of the article: Employee Handbooks – An Overview (2013)
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.
Social Justice: Justice in terms of the distribution of wealth, opportunities, and privileges within a society.
The English law were based on the common law or the case laws which were developed by judges during the course of various court decisions. Common law derived when judges in court applied legal precedent to the various cases before them to come out with judgements.
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
Social justice describes the concept of society where justice is achieved in every aspect of society, rather than just the administration of the law. Overall, social justice gives society the ability to have a voice of laws that may be broken but give a sufficient argument to be heard by the supreme court. Equality is a major issue that has been demanded by society for centuries.
The term social justice is normally used when referring to the ideas of equality and providing equal opportunities to pupils within school, regardless of their background, history or circumstances. Views of social justice can change depending on who is discussing the topic.
With regard to the actions that might be brought by Rochelle and Neil in the national courts when it comes to the matter of complaints about the law of the European Union’s (henceforth, the EU’s) application, it has generally been recognised that if an individual is recognised as being a national of a Member State, lives in a Member State, or if they run a business in the EU then the law of the Union provides parties like Rochelle and Neil with a number of rights. However, if individuals like Rochelle and/or Neil feel that their rights under the law of the EU in the form of a Directive and a Regulation in this instance respectively have not been respected by a Member State like the UK’s national authorities then it is first necessary to bring the matter before those authorities for the purpose of resolution before having to resort to the European Court of Justice (henceforth, the ECJ) for this purpose. This is because it has generally been recognised that this will typically be both the most effective and efficient means to bring about the resolution of any matters of concern raised by parties like Rochelle and/or Neil when it comes to the interpretation and application of the law of the EU.
Starting with the fact that sources of law in Wales and England are similar, there are 4 sources of law, which are: Statute Law, Common Law, European Law and European Convention on Human Rights. First of all, Statute law is a written law passed by a legislature on the state of federal level. An example of it would be «Theft Act 1968». It is the first and primary source of law and it is created by proposing a Bill in Parliament. After three readings of the bill in House of Commons and House of Lords and afterwards in Royal Assent is received and approved, then it becomes a satute which must be enforced by courts. Secondly, there is a Common Law. Common Law is created by judiciary and it is also known as «case law». However, the Common Law could be amended or overridden by Statute Law, EU LAW and/or Human Rights Law. Third is European union law. It was created as a result of European Communities Act 1972. There are four principal institutions, which are: The council of the EU, European Commission, European Parliament and European Court of Justice. They make the decisions concerning laws. Finally, there is European Convention on Human Rights. It came into effect in October 2000. It takes care about main provisions of the European convention of Human Rights into the UK law.
Firstly, the jurisdiction of England and Wales will be looked at and their Criminal Justice System known as Common Law. The Common Law begins from the traditional and the authority of courts to identify what law is, even if there is an absence of an underlying statute (Busch 2012). This shows how in Common Law Tradition, it may include laws such as statutes but it also contains a body of “Common Law” such as