Managing Employment Relations and Employment Law Case Study

• Type Case Study
• Downloads780
• Pages19
• Words4831

Introduction

Struggling with deadlines or complex topics? Our tailored college assignment help service delivers high-quality, custom-written assignments designed to meet top academic standards. Get the support you need to succeed-on time, every time!

The labour and Employee relations are about the resolving and preventing issues related to the employees which affect the work situations. This also includes services contribution of the employees and offer professional growth. The employee law are the areas which govern from the employee- employer relationships. The areas are developed from the both federal laws and state and involve the various subjects. For the report the chosen organization is McDonald’s, this is the corporation which is American multinational chain of the fast food. This has been founded in the 1940 as restaurant which is operated by the Maurice and Richard. The organization has been headquartered in the Chicago, Illinois and United States. The report will shed light on aims and objectives related to the employment legislation and the impact on the resource policies within the organization. The report will emphasise on the impact of the ethical requirement on the policies related to the human resources in the McDonald’s. The report will provide explanation of the discrimination legislation principles in the recruitment and role of employment laws. The report will demonstrate the legislative and procedural protection for the workers and legal consequences for the unfair treatment. The law related to the roles and functions in the various stakeholders.

PART A

Examining the aims and objectives of the employment legislation

In the context to the employment legislation plays a crucial role in well-being of the employees and make sure about their safety purpose. The employment laws are important part of the organization and workers. The workers also have rights and it is essential for the workers to know about it.

The main aim of the law and regulations related to the employees is offer legal protection to the relationship among the business. The main motive of the employment law is to make sure about the parties which can be treated ethically and fairly within the organization. The main aim is to educate the employer and employee about the obligations and rights so they can prepare about the certain situations like misclassification and salary (Duggan et.al, 2020). This law also can help in preventing the work challenges among the management and employees to set the level to govern on the workplace. The objective about the employment legislation is mitigating the issues which can be occurring on the workplace. For the instance, Title VII of the Civil rights Act of the 1964 which is prohibits the discrimination. The main motive is to safeguard the employees from any kind of happening at work place (Aims And Objectives Of Employment Regulation, 2023). The laws are related to the wages, health and safety, leaves, job security, pays rights, working condition, working hours, work life balance etc. This sets guideline for the hiring and firing in the workplace. The employees have to be compensated for the work, prohibit the discrimination for the current employees. These can be based on the any age, race, sexual orientation, religion and gender. The employment laws are the crucial for the employees and it helps in operating the organization in better way which is essential part of the laws.

Analyzing the impact of regulatory and legal requirements on human resource policies in McDonald’s

The McDonald’s legal and regulatory requirement has numerous impacts on the resources policies. The organizational resource management, the HR needs to adhere with the laws and legislations related to the wellbeing for the workers. This helps in protecting the interests of the employees on the work place and can work safely. The numerous of laws related to the employees protection is followed by the HR management curriculum and different laws.

• Working condition: The working hours within the McDonald’s needs to be align with the laws and legislations. The working hours of the employees need to be fixed according to the standard. The equal and fair laws adhere to the well fare of the employees.
• Wages laws: The organization has faced the issues related to the laws and legislations of the McDonald’s (Armstrong and Taylor 2020). Failure in meeting the laws can lead in the biggest challenges for the organization in result to the legal penalties. The equal and fair wages are the important aspects for the employees for the satisfaction of workers.
• Health and safety: This aspect put the main impact on the HR policies within the McDonald’s. The main guideline is about the hygiene due to the fast food, this is essential for the food and safety purpose (Legal Regulatory Requirements on the Human Resource Process, 2023). The organization needs to focus on the safety laws with the healthy work balance for the workers and with the protocols related to the safety.

These employment laws and regulations are important part of the HR policies in the McDonald’s and put the various impacts on the organizational performance and workers. These can be considered as main power of the employees and for their well-being.

Analysing the impact of ethical requirements on human resource policies in an organisation.

The HR policies helps in conducting the McDonald’s align with the employment law because of the fair employment practices. These factors are essential for the human resources policies.

Selection and recruitment process: In the ethical requirement the McDonald’s need to make sure about the process of the hiring. The organization attempts to make sure about giving similar opportunities to the every candidate (IMPORTANCE OF ETHICS IN HUMAN RESOURCE MANAGEMENT, 2023). This process is not based on the discrimination and the organization has to focus on the skills of the candidate not on the region, gender, colour and race.

Employee wellbeing: The McDonald’s HR policies are aligning with the employees satisfaction and wellbeing. These policies make sure about the discrimination can’t occur on the work place. The workplace needs to safe for the each and every employees, they feel free and happy on the workplace. This is essential for the every employees and business practices. The wellbeing of the workers is the main part of the organization to run in the effective way.

Wages and benefits: The McDonald’s has been facing the issue related to the fair wages and pays. The HR policies demonstrate on the employee wages on the hourly and salaried on the annual bases. The employees can get benefits from the retirement plans, health and dental insurance, paid off time etc (Budd 2019). The employees can have benefits from these aspect related to the laws and legislations within the McDonald’s.

The HR policies offer the developmental programs such as training and development to boost the skills of the workers within the organization to work in the effective way. Ethical consideration in the McDonald’s helps to shape the numerous factors related to the HR department. This can helpful for McDonald’s in building effectual image at marketplace.

Managing Employment Relations and Employment Law Case Study

Liked This Case Study? Hire Me Now

Andrew Green 6 Years | LLB

Explaining the purpose of human resource policy

The main purpose of the HR policies provides the protection legally of the McDonald’s, this transparently and openly communicates the situation of the workers. This can set expectations of the workers about the career growth. This provides help in addressing the workers disputes and grievances. This policies help in the avoiding the bad decisions and errors. These help in training the new workers for change and expand of the McDonald’s, which helps in the growth of the organization. The purpose of the HR policies is about the managing conflicts of the workers and legal issues are the main part of the HR’s function. HR is the considered as the main department of the McDonald’s, also responsible of the numerous areas. The areas can be categorise s main functions of the HR management:

Struggling to understand legal principles? Our law assignment help breaks down complex topics like torts, contracts, and international law into manageable sections.

Recruiting and selection: Within the McDonald’s hiring and finding the workers with the high qualification by using the technology and tool by the HR department (Rubery and Grimshaw 2020). This department prepare the salary of the workers and negotiate about the benefits and salaries. This meets the legal requirement which is related to the ethical practices and hiring.

Training and development:  This training and development within the McDonald’s includes the developmental activities such as courses related to the external educational, conferences ad internal meetings. This also offers to the McDonald’s about the new opportunities related to the workers evaluation.

Compensation: This purpose of the HR policies about the McDonald’s is setting the competitive and appropriate salaries and wages for the workers (Purpose of HR Policies & Procedures, 2023). This also works with the negotiating insurance, researching and retirement plans and with the other kinds of benefits.

Safety and health: This policy within the McDonald’s makes sure about the safe work environment and which is obeying with the legal requirement. The other purpose is regarding the implementation of new safety measures which is can help in changing the laws in the industry.

Evaluating the principles of discrimination legislation in relation to recruitment and legislation.

There is the number of the Acts related to the discrimination in the recruitment; the acts are followed by the McDonald’s due to the ethical perspective. The principles help in promoting the positive environment, equality among the workers and fairness which makes the McDonald’s align with the laws. The Equality Act 2010 offers the unlawful for the employer to discriminate against the workers (Equality Act — General Principles: In-depth, 2023). This is related to the arrangement related to who should be offered the employment. One essential point about the McDonald’s which is related to the Equality Act 2010, discrimination such as disability, sex, gender, age, sexual orientation, maternity, religion or belief and gender reassignment, pregnancy. The organization makes sure about the all candidates need to be treated equally without any discrimination. The principles help in managing the work environment and increase the positivity within the organization.

The other principles are related to the equal opportunity, the each candidate of the McDonald’s need to be provided the opportunity equally. Due to the equal opportunities the brand image can be improve and it provides the work place with the positive environment and commitment. The principles contains the both kinds of obligations positive and as well as negative (Vinuesa et.al, 2020). The obligation about the discrimination advance and protect the enjoyment and fulfilment of rights to non-discrimination and equality for the new candidates. The organization also avoids the direct discrimination which can be happened whenever the employer treats the workers less favourable than some other workers. The organization is focusing on the regular reviews on the procedures of the recruitment. The legislation regarding the discrimination provides the protection and equal opportunities for the all candidates on the bases of qualification. The organization has to implement the policies for the wellbeing of the employees and offers the opportunities equally.

Critically evaluating the role of contracts in employment law.

The employment contract within the McDonald’s set the groundwork for improving the better relationships among the employer and employee. The employees and employer both know about the rules of employment, the results and all kinds of compensations. The contracts has important role for the employment laws within the McDonald’s. This includes the responsibilities of the employees, sick days, health insurance policies, termination rules and annual leave days.

• Job security for the workers: This is the crucial purpose of the contracts in the employment law. This provides the information about the employee contracted to stay with the organization for the fixed time of period such as one, two, three or five years. This also provides the exact actions regarding the termination (Stewart and Brown 2019). On the other hand, this employment law bound the workers to work in the organization forcefully which can create a burden for the employee to work there.
• The duties of employer and employees: This defines the employee’s role, duties and positions and the expected goals to reach within the McDonald’s. The worker underperforms and it doesn’t full fill the requirement of the contract so the employer has the power to act. On the contrary hand, the expected goals can increase the stress level of the employees which is not good for their wellbeing.
• Protect the worker’s rights: The employment contract has to be adhering to the employment national Act, this can differ between the locations (How to Review Employment Contracts, 2023). This contract determines the salaries and wages, the information about their pays and rules of overtime as well. The workers of the McDonald’s have to know about the contract cover signing it. On the opposite hand, this can create the conflicts between the employer and employees which is not good for the McDonald’s.
• Staffs leaves: The worker may need a break from the daily duties for the numerous reasons which can include the pregnancy, holidays, bereavement and sickness. Due to the contract the workers can make sure about the process of talking the leaves which is covered legally (Stone et.al, 2023). On the other hand, this limits the flexibility; this can pose the issue later within the change in polices.
• Dispute resolution: The contract decreases the disputes among the parties and minimise the time and expenses. The bond of the contacts offers the boundaries for the employers, employees and set the rules for the behaviour which can be unexpected.

Analyse the mechanisms for establishing contracts of employment.

The relation of the relationship of the employment is governed by the contract of the employment. This can showcase the complexity of the workforce and process about the legal requirement. The McDonald’s create the contracts for the policies and legal needs which can establish the organization. The employment contract demands the consideration, mutual agreements and acceptance. The organizational contractual term challenges the limit employee’s entitlement to the standards of the employment Act (ESA) and the minimum standard can be under strict scrutiny.

Within the McDonald’s when the candidate accept the offer of job on that point of time contract of the employment can be made (Barrena-Martínez, et.al, 2019). This can be in the written form and involves the duties, job title and date of the employment starts, responsibilities and rates of pay, services, and hours of work, allowances and leave rules. This also outlines the terms and conditions of the organization and different roles and responsibilities. This is considered as legal agreement which offers the awareness, acceptances; capacity and consideration are the main elements of the contract within the McDonald’s. The contracts are designed according to the rules and regulations of the organization which needs to be followed by the each employee (Contracts of employment, 2023). The working and safety rules also include the wellbeing of the employees. Due to the advancement in the technology it has establish the process of the communication and increase the speed of the modern practices.

PART B

Analysing the legislative and procedural protection that exists for workers.

The legislative and procedural protection preserves the rights of McDonald’s workers and focus on the wellbeing. This can provides the benefits to the organizational workers related to the salaries, wages, working hours, safety, health and some other aspects. This aligns with the workers job security; offer the protection against the dismissal. The protections can help in the preventing the workers from the job loss because of the discrimination and unfairness practices (Vanhala and Tzafrir, 2021). The legislative and procedural protection promotes the environmental conditions of the organization system. This practices helps in the promoting the working environment which can be safe and healthy for the workers. The laws can set out the regulations which require the organization to offers the regulations related to the workplace safety and environmental standards.

This is important to know about the employment contracts. The procedural protection provides the regulations which are regarding the working hours. The regulations are made for protecting the workers wellbeing and health, make sure about the workers do not exploited or overworked within the organization. According to the legislative the workers, who are the victims of any occurrence or accident, need to provide the compensation to workers who has inured or fall ill due to the work. This legislation ensures that employees are not feeling left after the illness or accident (Obeidat et.al, 2020). The labour unrest involves the protests and strikes; it can be disruptive at the workplace. The legislations can reduce the labour unrest by an established framework for the negotiation among the workers and employers. The negotiation may help to decrease the conflicts before the full blown unrest of the labour. The health and safety is the crucial for the employees to work in the better way and improve the work quality at the work place.

Examining the legal consequences of the unfair treatment of an employee for the employer

By doing the unfair treatment within the McDonald’s, the organization has to face numerous legal consequences. Due to the unfair treatment it can leads to the decrease in the job motivation and satisfaction. This can reduce the brand image and reduce the productivity of the workers. The unfair treatment at work place can result in the favouritism that is not illegal according to the laws. The unfair treatment comes with the legal consequences for the organization such as damage in the reputation, penalties.

• Legal costs: The McDonald’s can face the legal consequences at the workplace regarding the discrimination. The penalty can be varies according to the duration of discrimination, severity and size of the organization (Zallé 2019). The employer needs to bear the 70% financial cost on the every victim about the loss of wellbeing.
• Economic costs: Apart from the legal fees the McDonald’s needs to pay the additional cost if the workers are discriminated at the workplace. The workers who are facing the unfavourable treatment can result in the decrease the work output.
• Workplace satisfaction and engagement: The consequences after the unfair treatment can extend the general work atmosphere and decrease the motivation, commitment and engagement of the workers commitment to the organization (The Legal Consequences of Treating An Employee Unfairly At Work, 2023). The unfair treatment can increase the risk of the counterproductive behaviour like as delaying deadlines tasks, less efforts, leaving early or arriving late. Due to the unfair treatment the organization has to face numerous of challenges and consequences.
• Human rights claims: The workers who are treated unfairly can reassign and experience the medical problems related to the exhaustion, depression, exhaustion and anxiety. However, the workers can also bring the claims related to the human rights against the allowing or enabling the unfair treatment at the work place (Ahmed et.al, 2020). Due to this claims the organization can face several challenges according to the employment laws.

If any workers can take the legal actions it can be cause a biggest damage in the financial damage regarding the age, disability, race. This is important part for the employees to know about the different rights regarding the employment laws and legislations. The harassment is the form of unfair treatment at the workplace, this illegal according to the Equality Act of 2010.

Applying law relating to the nature of protection for workers to a given situation

The ACT of the discrimination n covers the indirect and direct discrimination which occurs at the McDonald’s and some employees treated unfavourable because of the protected attributes. For the instance, an employee misses the promotion due the pregnancy so the person is the racial comment within the McDonald’s.

1. Sexual discrimination: The Sexual discrimination Act 1975 is the main law of the UK which protected the men and women for being discriminated on the workplace on the marital status or sex (Sex Discrimination Act 1975, 2023). The Act is concerned about the training, employment, provision of services and goods. The employees of the McDonald’s have the right to complaint against the organization. The organization needs to focus on the investigation about the sexual discrimination among the employees.
2. Racial Discrimination:  The workers at the McDonald’s face the racial discrimination, there are numerous of the laws related to this. For this the act racial discrimination Act 1975 and VII and civil right act promotes the equality among the workers with the different kinds of backgrounds. These protect the unfair treatment on the biases of decent, race, colour and ethnic origin. In the situation the workers can have legal right to complaint against the organization. The McDonald’s can have rights to take corrective measures to resolve issues or discrimination.
3. Breach of terms and conditions: The Breach of terms and conditions can be violation of the agreed terms and conditions of contract. The employees of the McDonalds have the legal rights with the contract (Breach of Contract Explained: Types and Consequences, 2023). The organization needs to stick upon the given terms and conditions which are adhere with the legal terms. The breaches can include the late payment, serious violation, working hours. These can affect the employees and damage the employee contract.

Critically analysing the roles and functions of the different stakeholders in managing the employment relationship.

In the McDonald’s the stakeholders play a significant role in the managing the employment relationship. This helps in increasing the relationships among the employee and employers.

Workers:  The Workers also play crucial role in the employment relationship; the workers are the main stakeholders of the McDonald’s. The role of the employees are related to the daily task, organizational policies, improve the quality of work.

Supervisor and manager: The stakeholder defines the goals of the business and help in achieving the targeted goals. The stakeholders within the McDonald’s review the strategies and operations to find out the more methods which can be efficient (KC et.al, 2022). These stakeholders also access the performance of the workers and align it with the growth objectives. The managers are the responsible for the all kinds of policies and issues which are related to the challenges at the workplace.

HR department: The main responsibilities of the HR department are related to the handling, training and recruiting. The HR professional also are responsible of the wellbeing of employees and their issues as well. The professionals make sure about the development in policies, roles, labour legislations.

Regulatory and government bodies: The government bodies helps in setting the framework which can be link with the legal bodies. This also involves the setting regulating working hours, standards of the wages, condition of workplace and safety. The government also offers the mechanisms to solve the disputes related to the workers, such as via the arbitration and labour courts.

Consumers: The consumers are also put impact on the managing workforce, the customers buying and satisfaction can increase the growth of the employees (Htun et.al, 2019). A good experience of the customers at the McDonald’s can increase the workers performance and efficiency. Balancing the relationship among the workers and customers can achieve the organizational goals and success.

Assessing the impacts of external contexts and organisational-level employment relations processes on organisational performance.

The McDonald’s performance can be impacted by the several factors which can put impacts on the organizational performance. The healthy relationship among the employees can lead to more motivated, efficient and productive workers, this can help in increasing the level of production.

Economic factors:  The Economical factor about the money which is available for the training, wages and benefits can put impact on the employee’s relations (Dmytriyev et.al, 2021). The bad relationship can create the negative working environment which can decrease the quality of the work. These economic issues can affect the organization performance.

Regulatory environment:  The McDonald’s is operating on the global level in numerous of countries (Bratton et.al, 2021). This can create a working issues related to the regulations and laws which can lead to decrease the work performance. The changes in the regulations can affect the relations of the employees and employer.

Social trends: The regular changes in the social trends can affect the sale of McDonalds. The young generation is more concerned about the healthy life style. The relation process of the workers are linked with the trends and can be impacted the workers and organization as well.

Impact of Employment Relations Integration on Organisational Policy and Outcomes.

The practices, policies and organizational outcome offer the overall success of the McDonald’s.

• Organizational goals: The main impact on the integration of the relations of the employment can make sure about the goals of the organization. The organizational goals and employment relations are highly related to the outcome of McDonald’s.
• Workplace culture: The positive work environment at the McDonald’s can increase the team work and motivation of the workers to work. The work of the workers is connected with the goal of the McDonald’s (Markovits 2020). The positive work environment can improve the relations among the employee and employer.
• Performance of the employees:  The performance of the employees has significant impact on the productivity of the workers (De Stefano and Aloisi, 2019). The performance of the employees align with the training and development, this can influence the productivity of the employees.
• Regular changes: The regular changes in the market trends and adoption in the healthy eating can be the biggest impact on the employment relations. The organization needs to follow the flexible policies so it can respond to the changes quickly. The preferences of the consumer can change quickly and it is crucial to adopt the changes.

CONCLUSION

By concluding the report it delves into the aims and objectives of the employment legislations, this main aim of the laws is to focus on the well-being of the workers and they need to know about this factors. The report also provide the impact on the McDonald’s regarding the legal requirement and regulatory on the human resources policies. The human resources policies are important for the McDonald’s growth. The report delves into the main purpose of the human resource policy which is about the training and development, recruiting and plays a crucial role in development of the organization.

The policy of the recruitment is about the equal opportunity to the each candidate which is essential. The mechanisms for the contracts of the employment which includes the information about the salary, wages, and timing, working hours and health and safety purpose of the employees. The legal consequences of the unfair treatment can be biggest challenge for the McDonald’s. Due to it the organization has to face issues related to legal laws. The report emphasized on the fact that external and process of the organizational level closely influences employment relation. The also demonstrates the impact of the integration on the relations of the employment within the McDonald’s practices, policies and outcome of it. This comes with the numerous of factors.

REFRENCES

Books and Journals

• Ahmed, Z., Asghar, M.M., Malik, M.N. and Nawaz, K., 2020. Moving towards a sustainable environment: the dynamic linkage between natural resources, human capital, urbanization, economic growth, and ecological footprint in China. Resources Policy, 67, p.101677.
• Aims And Objectives Of Employment Regulation, 2023. Online. Available through <https://www.bartleby.com/essay/Aims-And-Objectives-Of-Employment-Regulation-FJZCVSC54P6#:~:text=Legislation%20assists%20in%20regulating%20the,benefits%20we%20are%20entitled%20to.>
• Armstrong, M. and Taylor, S., 2020. Armstrong's handbook of human resource management practice. Kogan Page Publishers.
• Barrena-Martínez, J., López-Fernández, M. and Romero-Fernández, P.M., 2019. Towards a configuration of socially responsible human resource management policies and practices: Findings from an academic consensus. The International Journal of Human Resource Management, 30(17), pp.2544-2580.
• Bratton, J., Gold, J., Bratton, A. and Steele, L., 2021. Human resource management. Bloomsbury Publishing.
• Budd, J.W., 2019. Employment with a human face: Balancing efficiency, equity, and voice. Cornell University Press.
• De Stefano, V. and Aloisi, A., 2019. Fundamental labour rights, platform work and human rights protection of non-standard workers. In Research handbook on labour, business and human rights law (pp. 359-379). Edward Elgar Publishing.
• Dmytriyev, S.D., Freeman, R.E. and Hörisch, J., 2021. The relationship between stakeholder theory and corporate social responsibility: Differences, similarities, and implications for social issues in management. Journal of Management Studies, 58(6), pp.1441-1470.
• Duggan, J., Sherman, U., Carbery, R. and McDonnell, A., 2020. Algorithmic management and app‐work in the gig economy: A research agenda for employment relations and HRM. Human Resource Management Journal, 30(1), pp.114-132.
• Htun, M., Jensenius, F.R. and Nelson-Nuñez, J., 2019. Gender-discriminatory laws and women’s economic agency. Social Politics: International Studies in Gender, State & Society, 26(2), pp.193-222.
• KC, S.F.F., 2022. Discrimination law. Oxford University Press.
• Markovits, D., 2020. Contract as collaboration. In Research Handbook on Private Law Theory (pp. 96-111). Edward Elgar Publishing.
• Obeidat, S.M., Al Bakri, A.A. and Elbanna, S., 2020. Leveraging “green” human resource practices to enable environmental and organizational performance: Evidence from the Qatari oil and gas industry. Journal of Business Ethics, 164, pp.371-388.
• Rubery, J. and Grimshaw, D., 2020. The organisation of employment: An international perspective. Bloomsbury Publishing.
• Stewart, G.L. and Brown, K.G., 2019. Human resource management. John Wiley & Sons.
• Stone, R.J., Cox, A., Gavin, M. and Carpini, J., 2023. Human resource management. John Wiley & Sons.
• Vanhala, M. and Tzafrir, S.S., 2021. Organisational trust and performance in different contexts. Knowledge and Process Management, 28(4), pp.331-344.
• Vinuesa, R., Azizpour, H., Leite, I., Balaam, M., Dignum, V., Domisch, S., Felländer, A., Langhans, S.D., Tegmark, M. and Fuso Nerini, F., 2020. The role of artificial intelligence in achieving the Sustainable Development Goals. Nature Communications, 11(1), pp.1-10.
• Zallé, O., 2019. Natural resources and economic growth in Africa: The role of institutional quality and human capital. Resources Policy, 62, pp.616-624.