Q1 – Understand the purpose of employment regulation and the way it is enforced in practice.
Explain the purpose of employment law and how it is enforced. Describe the role played by the tribunal and courts system in enforcing employment law. Include how cases are settled before and during formal legal proceedings. (1.1, 1.2, 1.3)
1.1 – Explain the aims and objectives of employment regulation
Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers passed in 1349 and consisted of regulations and price controls issued by King Edward 111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time by the Justice of the peace. The ordinance was written in
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Common Law has an equal footing to that of statute.
(Wikipedia 2016a)
In addition, we have European law, a major source of legislation related to employment matters for example, treaties (applies to trading activities across the UK), Regulations, Directives (UK Legislation) and decisions, which set precedence and legal test.
1.2 - Describe the role played by the tribunal and courts systems in enforcing employment law
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.
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.
Structure of the courts
Employment Rights Act 1996 - It deals with rights can get when at work including unfair dismissal, reasonable dismissal notice,
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.
For the third part of this task (AC1.3), you must outline why legislation relating to employment exists. How will the legislation help? Who benefits? Why?
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
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.
Question 4- Identify sources and types of information and advice available in relation to employment responsibilities and rights. (1.1.4)
Discuss and demonstrate your understanding of employment legislation and practice that has to be adhered to when managing the provision of your service.
1.4 Identify sources and types of information and advice available in relation to employment responsibilities and rights
The purpose of the research paper is to critique the second journal article relating to the selected dissertation topic. The article reviewed employment at will public policy that research the legal aspects of the employment at will law and identify reasons to question terminations that are created unjustly. This employment at will law also take into account the shield against possible employer exploitations; for instance, discrimination, anti-union practices, and punishing whistleblowers.
2:1 Give examples of legislation that impact on: employee holidays, rest periods, working hours and night working and explain why these are important for both employee and organisation:
However, it can hear almost every employment law matter since its jurisdiction increased. Before 1994, Employment Tribunals could only hear statutory claims while after the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Employment Tribunals' role has drastically changed that they can now hear common law claims(Richard Kinder,1999). But there are some law matters of common law they cannot cope with like matters relating to moral tights and copyright, patents, designs rights, trade marks; breach of restraint of trade covenants; breach of confidence; breach of a contract terms requiring the employer to provide for the employee; personnel injury claims. From this regard, certain employment matters still have to be tackled in the civil courts.
Over time, both the volume and complexity of employment law that originates in the EU has grown considerably.
Are you going to start up your company ? As a new business owner , surely you have a lot to think . But among them , employment law is the area that every small business needs right advice & support .
PW treated the Claimant unreasonably and improperly, the Claimant also believes that PW circulated communications throughout the academic community damaging his reputation, and preventing a satisfactory resolution.