Employment Law

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Employment Law

Employment Law

1.Analyze the key aspects of health and safety legislation, including employer and employee responsibilities?
The health and safety at work act (1974) is there to make sure the employers protect the health and safety of their employees at work to make the workplace safe but employees are also responsible in following the PPE in accordance. Under Management of Health and Safety at Work Regulations (1999) employers have a role in carrying out risk assessments by abiding by HSE so this can be done by identifying hazards around and everyone who could be potentially harmed by them which could include physical
or mental. This is because an employee could be going through mental health problems due to long hours or too much workload and this could affect their colleagues around them and become a risk as there not performing the job at hand probably due to this. Also a risk at a physical standpoint would be risks of slips and trips. Also an employer will then decide who may get harmed and how and access the risk and take action and then record the actions taken by them. The last thing an employer will
do is review the risk assessment and that way they can make sure safe working practices are still being applied. (Worksmart.org.uk, 2018) Also for employers to abide by this regulation they would give employees relevant training and a policy written of the health and safety. The reporting of injuries, diseases and dangerous occurrences regulations (1995) is followed by employees and they would have the responsibility of reporting any injuries or illnesses as this may be a major risk for their health and others around as a job may not be performed correctly and an employer may be able to change the way they work or take the necessary action.
Also an employee has a responsibility to inform their employer of any medication they take that can potentially make them drowsy if operating machinery or driving as that is a major risk to their self and others around. (nidirect, 2016)
Personal Protective Equipment Regulations (PPE) (2018) is to be used by both employer and employee as they both have responsibilities under this regulation. An employer’s responsibility would to be to provide PPE to employees in certain work environments such as a warehouse. For example if there is a risk from materials falling or contact with hazardous substances PPE will be needed. An Employees responsibility would be to maintain and look after PPE in accordance with the maintenance schedule. Also
An employee should wear PPE correctly to get the full protection out of it and always wear when required. Also if there are faults, damages or if an employee loses any of the PPE it should be reported immediately by them. (Protecdirect.co.uk, 2014) Another responsibility of an employer would be make sure the PPE is required for that specific job role which could be done in line with a risk assessment. Also if required make sure the PPE fits correctly for the employer to use. (Council, 2018)

2. Analyse the key aspects of an employment contact and its relevant legislation?
Employment contract is an agreement between an employer and employee where terms of the contract are set out and must be stuck to by both the employer and employee. This includes employment conditions, rights, responsibilities, and duties and once agreed there is no change in this agreement unless both the employer and employee agree to change the terms of the contract. (GOV.UK, 2012)
There are many things that should be included in an employment contract and hours of work is one of them one due to working time regulations (1998). This means an employee by law cannot work no more than 48 hours in a week and only can do so by opting out of the 48 hour week by signing an opt-out agreement. An employer cannot force the employee to sign if they wish to do no more than 48 hours in a week and with notice an employee can opt-out of the agreement of over 48 hours per week. (Acas.org.uk, 2018)
Pay is also an aspect of an employment contract and there are a few sectors to this. National minimum wage act (1998) is a sector of pay/salary that by law an employer must put in an employment contract and oblige by and it differs by age group. This means there are set rates the government sets that an employee of a specific age group must be paid per hour, for example and employee 25 or over must be paid £7.83 minimum per hour and if an employer does not do this HMRC (HM Revenue & Customs) can take
employers to court. (Acas.org.uk, 2018)
Equality act (2010) is also a part of pay and it is there to help improve

equal opportunities and fairness for employees , meaning under the act it is unlawful to discriminate people and age, disability, gender, race, religion and sexual orientation should not be discriminated against. (Acas.org.uk, 2018) For example men and women should be paid the same for the same work and the equality act implies sex equality automatically in all contracts of employment. This also covers contractual terms making sure things such as sick pay, overtime rates and access to pension schemes
are the same for both genders. (Acas.org.uk, 2018)
Pay deductions is also a sector of pay and an employer can only take deductions from wages if it is for national insurance or income tax and is authorized or required by the legislation or consented in writing by the employee or an overpayment of wages. Other than that it is against the law for the employer to deduct wages for any other reason. The deduction from wages (limitation) regulations 2014 is in relation to this as this legislation means that you can claim for money being taken from your
wages unlawfully by the employer and there is a backstop of up to 2 years for this claim. (Acas.org.uk, 2018) Dismissal/termination of a contract should be in employment contract and under section 86 of reasonable notice for the termination of your contract an employer should give the employee reasonable notice of the termination of their contract if continuously employed for one month or more. This is an aspect of an employment contract and the minimum amount should be 1 week notice and after 2
years of employment that notice will increase. (Netlawman.co.uk, 2016)
3. Analyze how the relevant legislation regulates termination of employment? Termination of employment would be where an employee’s contract is ended and an employer and employee can do this. An employee can do this by resigning from the job but will have to give notice to the employer under section 86(1) . An employer’s dismissal of an employee can only be fair and if not there are certain laws in place to prevent unfair and wrongful dismissal.
A wrongful dismissal is when an employment contract
is terminated unlawfully by the employer and there are certain things in place to make sure an employment termination is regulated correctly and not terminated wrongfully. An example of wrongful dismissal is if an employee has worked for a company for 10 years and is dismissed by the employer without any notice or correct amount of notice. This means the contract of employment was not terminated legally and the employee can claim for wrongful dismissal as under section 86 of ERA 1996 2-10 years
of continuous employment by the employer would need one weeks notice for every completed year with a maximum of 12 weeks notice for the notice of employment termination to follow employment rights. (Lawteacher.net, 2013) Another case of wrongful dismissal is if the employer breaches the employment contract and not giving an employee enough notice before termination as I have explained previously and it is a part of this as it is breaching the employment rights act (1996).

Unfair dismissal is a little different to wrongful dismissal and it is where an employee’s employment contract is terminated without a fair reason for dismissal or unreasonable. An example of this would be suspending or dismissing an employee from work without any solid foundation as they are a good worker and meet all targets set. Also another example would be demotion without any agreement between the employer and employee as an employer cannot change the terms within the employment contract even
if the employer has reserved the rights in the contract. The employer can dismiss the employee but could be subject to substantial financial liability as the employee could of worked for the employer for 2 years or more and they may be a finding of unfair dismissal as pressure could have been put on employee or something else. (Employment Solicitor.com, 2017)

Constructive dismissal is also a part of the termination of employment and is where an employer has breached the employment contract and making the employee feel forced to dismiss themselves. Bullying or harassing an employee would make them feel to resignand if an employer does this an employee can claim for constructive dismissal and resign straight away but there is a notice period of up to 6 months also.

4. Discuss three ways in which equal opportunities legislation impacts on the policies and procedures of an organization?

The equality act (2010) is a part of the equal opportunities legislation as by law they cannot be any discrimination at the work place and sex discrimination act (1975) , race relation act (1976) and disability discrimination act (1995) are a part of this. Race relation act (1976) is a legislation that impacts on the policies and procedures of an organisation. This is because under this legislation an employer has to give an employee the same opportunity as everyone else regardless of skin colour. For example only because an employee is a different skin colour to another employee they should not be given a worse opportunity to be promoted and be less favourable because of their race. (Diversityjobboard.co.uk, 2012) Also it is against the law to put pressure on someone to act in a racist way as the person being abused is being treated differently and not equally. Equal pay act (2010) is also a legislation that has an impact on the policies and procedures. This is because equal opportunities legislation has to be implemented into the employment contract. This means men and women should be paid the same for like work , work rated as equivalent and work of equal value. (Lawteacher.net, 2013) Also discrimination in gender would have an impact on a company’s procedures, policies and equal opportunities as if a women was to get pregnant she cannot be unfairly dismissed of as this would be sex discrimination an wouldn’t fit the criteria of the equal opportunities legislation. Age discrimination is another form of legalisation where employees should be treated equally regardless of age. This could be directly, indirectly, harassment or victimisation and a procedure should be put in place to stop this from happening. For example a employer could be carrying out training and could be commenting on the time it takes an older employee to do a certain task. (Equalityhumanrights.com, 2018)

References:

Lawteacher.net. (2013). A Case Of Wrongful Dismissal. [online] Available at: https://www.lawteacher.net/free-law-essays/employment-law/a-case-of-wrongful-dismissal-employment-law-essay.php#citethis [Accessed 26 Oct. 2018].
Acas.org.uk. (2018). Acas advice: Equality | Acas. [online] Available at: http://www.acas.org.uk/index.aspx?articleid=1363 [Accessed 26 Oct. 2018].
Equalityhumanrights.com. (2018). Age discrimination | Equality and Human Rights Commission. [online] Available at: https://www.equalityhumanrights.com/en/advice-and-guidance/age-discrimination [Accessed 26 Oct. 2018].
Closethegap.org.uk. (2016). Close the Gap | Equal Pay Act 1970. [online] Available at: https://www.closethegap.org.uk/content/gap-law-1970/ [Accessed 26 Oct. 2018].
Council, B. (2018). The Health and Safety at Work Act Explained | British Safety Council | British Safety Council. [online] Britsafe.org. Available at: https://www.britsafe.org/training-and-learning/find-the-right-course-for-you/health-and-safety-legislation-what-you-need-to-know/ [Accessed 26 Oct. 2018].
Employment Solicitor.com. (2017). Demotion: Five things employers need to know. – Employment Solicitor.com. [online] Available at: https://www.employmentsolicitor.com/demotion-five-things-employers-need-know/ [Accessed 26 Oct. 2018].
nidirect. (2016). Employees’ health and safety responsibilities | nidirect. [online] Available at: https://www.nidirect.gov.uk/articles/employees-health-and-safety-responsibilities [Accessed 26 Oct. 2018].
Protecdirect.co.uk. (2014). Employees’ Responsibilities for PPE | Protec PPE Blog | Protec Direct. [online] Available at: https://www.protecdirect.co.uk/Protec-PPE-Blog/Employees-Responsibilities-for-PPE~ba~EmployeesPPEBlog [Accessed 26 Oct. 2018].
GOV.UK. (2012). Employment contracts. [online] Available at: https://www.gov.uk/employment-contracts-and-conditions [Accessed 26 Oct. 2018].
Acas.org.uk. (2018). National Minimum Wage and National Living Wage | advice and guidance | Acas. [online] Available at: http://www.acas.org.uk/index.aspx?articleid=1902 [Accessed 26 Oct. 2018].

Netlawman.co.uk. (2016). Summary Of The Employment Rights Act 1996. [online] Available at: https://www.netlawman.co.uk/ia/era-1996 [Accessed 26 Oct. 2018].

would like you to follow feedback from my tutor which i will ad below to help me get a merit or distinction.

1.1 Analyse the key aspects of health and safety legislation including employer and employee responsibilities?

FEEDBACK AND WHAT TO IMPROVE : I felt that you had covered the main aspects of health and safety legislation. I did feel that it would have benefited from some case law but overall you have covered the main points

2.1 Analyse the key aspects of an employment contract and its relevant legislation?

FEEDBACK AND WHAT TO IMPROVE: Referral- you have failed to analyse the key components of an employment contract. Terms implied by the common law for both employees and employers should have been covered – you also need to include case law to back up your points.

3.1 Analyse how the relevant legislation regulates termination of employment?

Referral – unfair dismissal needs to be in more depth you also have not included any case law to back up your points

4.1 Discuss three ways in which equal opportunities legislation impacts on the policies and procedures of an organisation

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