Understanding Specialist Employment Law in the UK Case Study

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Task 1: Manager’s briefing paper

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AC 1.1 An evaluation of aims of employment regulation in UK

The manager briefing paper listed the evaluation of objectives of employment regulations which are as follows.

Employment regulations in the UK

Employment regulations in the United Kingdom have a significant framework that always tries to protect the rights along with the well-being of all workers (Citation.co.uk, 2019). In the regulation, different acts are enacted regarding to discrimination, equal opportunities as well as different aspects of workers are very important.

Another crucial objective of this regulation is to establish a safe and healthy working environment for workers (Croner.co.uk, 2019). Employment regulations highlight different works and initiatives to establish standards to ensure the safety of the working environment for workers (Lloyd and Payne, 2019). To maintain this standard for securing safety in the workplace and also in the working environment, this regulatory board introduced different kinds of initiatives to decrease the risk of accidents and also do promotional work. To reduce the risk related to accidents, regulatory boards enacted as well as established different regulations for safety measurements.

One of the significant objectives of this regulation is to maintain balance in employers as well as introduce different initiatives to increase interests in employees. To promote interest, different initiatives such as proper wages, issues regarding working hours along with leave policies are very relevant for workers.

AC 1.2 Evaluation of contribution by the tribunal and courts system in the UK

The tribunal and court system play a significant role in enforcing laws related to employment that introduce a hierarchical structure to resolve different disputes. Employment tribunals acted as primal forums for resolving different issues related to the workplace in the UK (Fernández-Reino and Rienzo, 2022). These tribunals highlighted different workings related to different unfair dismissal, discrimination between different workers along with various kinds of issues that connected with contractual (Cipd.org, 2019). In disagreement between different organizations, the tribunal introduces different works to resolve disagreement.

The chronological order of the tribunal and court system in employment regulations are as follows.

“1980 Employment Act (Jim Prior)”

“1982 Employment Act (Norman Tebbitt)”

“1984 Trade Union Act”

1986 Employment Act

1989 Employment Act

1990 Employment Act

1992 Trade Union & Labor Relations Act

1993 Trade Union Reform and Employment Rights Act

1998 Employment Rights

1998 Human Right Acts

1999 Employment Relations Act

2000 Regulatory Investigatory Powers Act

2004 Employment Relations Act

2008 Employment Act (EA)

2009 The Minimum Wage Regulations

2010 equality Act

2011 Agency Workers Regulations

2012 The Employment Tribunals Amendment Regulations

2013 Parental Leave (EU Directive) Regulations

2014 The Employment Tribunals Conciliation

2016 Trade Union Act No.4

2017 The Trade Union Act 2016 (Commencement No.3) Regulations No. 328.

2018 The Employment Rights Act 1996 (NHS recruitment-Protected Disclosure) Regulations No 579

2019 The Employment Rights Regulations No.731

2020European Union (Future Relationship Act)

2021 The Trade Union Act 2016

2022 The Trade Union Act 2016 Regulations 2022/228

2023 Employment Relations (Flexible Working) Act

Most of the cases the employee laws of the UK are categorized under the private law and the civil law (Ouryclark.com, 2019). The claimant can be former employee, worker, or job applicants with unsuccessful tries. The tribunals help to provide the right judgements to the employee of ARL organizations by providing the simpler formats with some potential rules.

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Role of Tribunals for employee enforcement regulations

The Tribunals provide the right judgements lodged by the employees against the employers. The Tribunals can provide the judgement only for the wrongful dismissals and unfair judgements (Hann et al. 2023). Tribunals help to give equal payment opportunities, regulation laws against the wage deduction process, etc. however, the Tribunals have the limited power for which the Tribunals can impose lower penalties and compensation costs and the awards (Personio.com, 2019). The Tribunals can provide the right judgements against monetary loss, financial loss, distress or hurt.

Role of Courts for employee enforcement regulations

The courts are often categorized under private law or civil law. The employment law was imposed based on hearing evidence from the employees and the victims. The law of “Employment Right Act 1996” provides the important regulations related to employee protections (Legislation.gov.uk, 2019). The regulation associated with the labor laws helps to identify the employment issues, break of employment contracts, Dismissal etc. (Urwin, 2020). The court also imposed the “Employment Relation Act 1999”that provides recognition against trade union, industrial actions, and derecognition. The “Employment Right Act 1996” also helps to solve any types of issues related to employment contracts, Paternity leave, redundancy, Maternity leave, Unfair dismissal etc.

AC 1.3 An explanation of employment cases are settled before the legal proceeding and outline the role of ACAS including early conciliation process and use of COT3

The employment cases can settle the entire legal procedures by following the given legal procedures. The employers can provide a written agreement before the legal proceeding situations through ACAS and the COT3 by following the Section 1DA and 10A. After that the particles can adopt the volunteer responsibilities for dispute resolutions and the arbitration procedures (Kiernan et al. 2021). The mediation effect can also help to provide the settlement before any legal procedures (Iclg.com, 2019). The following steps can help to identify the procedures for the employees before the legal proceedings, which are discussed as follows.

The HR management can re analyses the HR policies for identifying the employee regulations.

The employee agreement also plays an important role that also reanalyzes before the legal procedures.

The analysis of notice serve period followed by the employees of ARL organizations or not.

Role of ACAS

The “Advisory Conciliation and Arbitration Service (ACAS)” plays an important role in explaining every stage of the legal and formal procedures. The ACAS also helps to provide free advice for the workplace rule, workplace rights, impartial advice, and the practice regulations by the ARL organizations (Legislation.gov.uk, 2022). The ARAC also helps to provide the advice, information, conciliation, training to the employees by which the HR management team can effectively solve the workplace problems (Middle miss, 2023). The ARL organizations can also use the ACAS advice for providing the regulations and free advice at the workplace environments (Tim-russell.co.uk, 2019). The ACAS also provides the binding and the legal contracts between potential complaints and settlement of actual employees. The independent public body also received the funding’s from UK government bodies. The impartial advice and the free judgement also helps to provide the employment rights and policies of best practices to the employees. The HR management team of ARL organization can give the valuable information’s, training, and conciliation from ACAS.

Role of COT3

The “Central Office of Tribunals (COT3)” is another advisory service which provides the settlement agreements. The COT3 also provides the reflection of agreement between the employers and the employees (Peninsulagrouplimited.com, 2019). The COT3 is also one type of settlement agreement that provides the settlement between employees and the tribunal employment claim. The COT3 agreement also helps to reflect the agreements between the employers and the employees. The COT3 also helps to analyses the settlement between the agreements.

Understanding Specialist Employment Law in the UK Case Study

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AC 1.4 An explanation of how cases are settled during formal legal proceedings in terms of settlement agreements

The “settlement agreements” provide the legal procedures before any formal settlement. The “Settlement agreements” require money for ongoing trial and litigation between the parties and the employees (KC et al. 2021). The parties happened by taking the resolutions and the ongoing agreements. The “settlement agreement” is one type of binding, legal agreement that happened between the employers and the employees. The “settlement payment” also provides the binding agreements and severance payments (Burges-salmon.com, 2021). This type of formal legal proceeding provides the mutual agreements for developing the employment settlement. The ACAS here plays an important role that helps to provide the advice, information, and conciliation for the employers by which the HR management team can easily solve the workplace issues. The “Settlement agreement” occurs in two different manners for the employers and the employees (Makeuk.org, 2023). For examples in case of the employers, suppose John works in an ARL organization and faced challenges due to sudden legislation regulation in the sales process. The “Settlement agreement” provides a mutual agreement by giving one-off payment. The mutual agreement between John and companies provides the settlement solutions.

Similarly, for the employee, the “Settlement agreement“works in a separate manner. The personal ego clash between the two employees often affected the work performance in organizations (Sullivan et al. 2021). Therefore, in this situation the “settlement agreement” might help to provide the settlements between the employees. In this situation the company can provide a separate solution to each individual employee (Collins et al. 2019. By which the HR management team can provide the mutual agreement to each individual employee by which the “settlement agreement” can be done.

Task 2: Written guidance

AC 2.1 Evaluation of the principles of discrimination law and outline the requirements, employment and selection

The principle of discrimination law plays an important role against the unfair judgements in organizations. The Act of anti-discrimination and non-discrimination states about the equal treatment and fair judgements for the employees based on the employee performances, and abilities (Rashaan et al. 2020). According to the “act of discrimination” involves the separation and segregation by which the employees and the employers cannot incite, air, abet any unlawful acts. The “Equality Act 2010” provides the advantages against any kind of discrimination possessed by the employees. The “Equality Act 2010” also includes gender reassignment, sexual orientation, sexual harassment, maternity and pregnancy, religion and race, etc. This act also gives the legal protections to the employees from any kind of discrimination and harassment happening in the workplace. Therefore, the HR management team of the “Acenez research Labs (ARL)” should adopt the “Equality Act 2010” for providing equal benefits and fair judgements to the employees. The HR management team of ARL should be aware of how the discrimination law will be developed for giving the protection against the employee discriminations.

The “Equality Act 2010” can also provide the given advantages to the employees of “Acenez research Labs (ARL)”, which are as follows.

The act “Equality Act 2010” gives protection against gender reassignment, sexual orientation, religion and race belief, maternity and pregnancy benefits, etc.

This law also provides the victimization protection against the complaint lodge provided by any victim employees. This law also gives the protections against the true allegations.

The Act also includes the discriminatory treatments including redundancy and dismissal, conditions and any disadvantages, benefits, pay, training, opportunities, recruitment and promotions.

This law also provides equal benefits and opportunities for all ages of the employees, handicraft, civil union/ marriage, handicap or physical disabilities, etc.

Therefore, application of the “Equality Act 2010” provides the indirect or direct discrimination protections for the individual against right allegations.

The “Equality Act 2010” is also applicable for the employee selection process. The Act also states that any kind of direct recruitment or discrimination is completely illegal and against of discrimination fair policies. The HR management team of ARL Company should be aware of this regulation before application of employee discrimination principles.

The “Equality Act 2010” provides the general protection against any type of harassments and discriminations. This act also help to protect the victimized against the sexual orientations, disabilities, gender identity, etc. this also provides the equal guarantees to very women and men for discrimination at work place.

AC 2.2 Discussion of legal requirements of equal pay law

The law of “legal requirement of equal pay” states an equal payment rate for all the employees based on their abilities and skill. This law of “legal requirement of equal pay” emphasized on equal wage rate opportunities for all the employees instead of consideration of any gender gap (Watcher et al. 2020). The law of “legal requirement of equal pay” emphasized on providing equal wage rate for both women and men. The law also emphasized the preparation of reports for the employees above 250 employees. Therefore, the HR management team of ARL can also focus on preparation of employee data for avoiding any discrepancy for equal payment and wage rates.

The law of “legal requirement of equal pay” focused on equal payments for both women and men by avoiding the gender discrepancy, mentioned in “Equality Act 2010” also.

The given law is applicable in case of bonuses payment, holiday entitlement, pension payments, reward schemes and pay schemes.

This act also helps to identify the gap between average wage payment for the women’s and men’s.

Therefore, the organization must have to implement this legal implications in considering managing changes.

Key feature of EA

The EA also help to focus on the unemployment compensations, labor relations, medical leave, family leave, immigrations, employee contracts, etc. For the application of the EA, the capital investment is not required.

Risk for using “legal requirements of equal pay law”

The “legal requirements of equal pay law” provides the employee opportunities and benefits for against gender discrimination and wage rate payment at the workplace. However, the given act also consists of some potential risk in case of performance gap which consist of quantifiable risk (Landers and Behrens, 2023). Any kind of discriminatory behavior like consistent better awarding to the men employees instead of women’s might increase the potential risk.

Process of defend an equal pay claim and conduction of pay reviews

The HR management team of ARL Company should follow the process of the defendant of equal payment at the workplace by following the given process.

• The employer of ARL group can first identify the reason for difference in payments.
• The management can identify the differences for comparator and the women Wachter et al. 2021)
• The comparator can easily identify the employees who are paid less and reason for this less amount of payment.
• The given procedures of the law does not involve any indirect and direct sex discrimination.
• The given process also has to involve the tribunal process.
• The process also involves the disparity and identification process for the gender of the opposite sex carried out the equal work.
• The process also involves the identification of the gap finding between equal payment reported to gender payments and wage rate payments.

Steps for conduction of pay reviews by the HR of ARL companies

The “Play Review approach” is one type of formal assessment approach that involves the examination process of an employee performance for providing merited payment increments.

• The first steps involve the checking process of all employees for checking whether each employee did the equal work or not.
• The second steps involved the comparison between working performance, working categories of women and men.
• These steps involved any kind of discrepancies that happened related to the identification process of pay-gaps related to gender.

AC 4.1 Explanation of major statutory rights workers in relation to pay

The “major statutory rights workers “provides awareness regarding the workers’ rights. According to these rights of “major statutory rights workers”, the worker has the legal rights to write a contract agreement within the next two months starting from the starting dates, included in the itemized payslip based on “National Minimum Wage”.

Establishment of statutory rights helps to develop the relation between new employees, and the employers (Heiman et al. 2019). This employment contract provides the legal statutory rights regarding employee’s requirements, rewards clause, demonstrations process, legal obligations and challenges. The “Statutory right” highlights the legislation procedures of how the employees protect themselves from the legislation and regulatory acts. The list of “statutory rights” are given as follows.

Provides the protection rights against discrimination and unfair dismissal

Provides equal payment for comparable value and unlawful deduction occurred in the payment wage rate process.

Provides the itemized payment statements and right and maternity benefits.

Provides the legal rights for redundancy payments and “Statutory Sick Pay (SSP)”.

Provides equal rights for the membership trade union.

Provides the protection rights for disclosures mankind and wrongdoing employer’s activities.

The above statement provides the statutory rights for payments to the workers. However, the “national minimum wage” is provided for 25 year olds. The HR management team of ARL Group Company might have received the legal rights based on statutory employment. This statutory act also involves maternity, sick pay, parental pay, sick pay. The given “Statutory right” also consists of some potential risk that avoids some potential legal rights of the workers (Archer and Prange, 2019). Adoption of “Statutory right” helps to provide the statutory benefits to the employees of ACL organisations that includes holiday entitlement, Paid leave, sick leave, annual leave, etc. The employees of the ARL organisation are also required to follow the minimum working hours. The HR of ARL group should have to consider against the extra workload pressure, and instead options for reduction of workload pressure. Therefore, the HR management of ARL group should need to develop this area of work, before application of this “statutory rights”.

AC 3.1 Discussion of legal implications of managing change

The management of changes is also associated with the process of legal implications. The managing changes include the legal implications because any type of contract and changes should require the proper documentation and concern from both parties. The contracts are often considered as the documents which are legally binding. Any type of certain changes must be required for the legal concerns from both parties (Armstrongteasdale.com, 2022). The implications of managing changes associated with collaboration and improved communication between the employees. The collaboration and the communication level can be improved through adoption of the managing changes. These regulations are also associated with the agreement for developing the communication gap for the employees of ARL companies (Ali and Anwar, 2021). The managing changes also helps to identify the employee goals of ARL groups. Most of the time the employee accepts any types of managing changes for developing positive working environments. However, for several reasons, most of the employees do not rely on managing changes (Min et al. 2021). Therefore, the HR management team of the ARL team must adopt some systematic approaches for developing the legal implications for managing changes.

The managing changes also have some legal implications on changes in legal practices for the workplace (Slatergordon.co.uk, 2022). The changes in any significant strategies at the workplace also have a significant impact on employee performance levels. The proper implementation and the planning approaches provide a smooth transition in managing changes at the workplace.

Discussion of flexibility clauses

The flexibility clauses are very important for changing and managing the contacts. Employers can use the different types of flexibility clauses for any type of reasonable change. Most of the time the employers have to sign the contract before joining the organizations. However, the employees can breach the contract. The flexibility clauses are helpful for the employees and provide the legal right to the employees for changing any employment conditions. When the employers include some flexible clauses then it is known as the variation clauses. Therefore, this also helps to change any type of circumstances from the contracts. Based on the UK’s flexible clause, employers have the legal right to maintain flexible working hours. This is necessary to identify the employer's starting working time and finishing working time. Based on the “Flexible Working Regulations 2002” apply to all employees for determination of the total number of working hours. As per these flexible regulations, employees can apply the flexible act by meeting the clause of working for 26 weeks of continuous work. The flexible working act was first introduced in early 2000. The traditional law of flexible working hours was traditional and was company-oriented or company-specific. After 2000, the flexible clauses provides advantages to the employees for flexible working hours over when, where, etc. However, flexible working hour’s job is limited and the demand for these flexible working hours is continuously increasing. 

Discussion of changes to contracts

The flexible working hours are beneficial for the employees to choose the flexible working hours, place, etc. This also helps to reduce the total working hours and control the flexible working hours. The flexible working Act has a positive impact on the employees for flexible working hours. The flexible working hours also provide a better balance and working life for the employees at the workplace. Moreover, flexible working hours also help to get eco-friendly choices and cost-efficient benefits for all the employees. The flexible working regulation also helps to save money for both the employer and the employees. Therefore, the adoption of the Flexible Working Act helps to develop legal implications at the workplace for managing any legal changes for the employees. The employers can also get satisfaction from the workplace which tends to develop the employer's commitment. The Flexible Working Act also help to develop working productivity and an effective working schedule. 

Discussion of alternatives to make reasonable changes in contracts of employment

Employee protection is too important part of work because most of the time the employees have to face the harassment of mental and physical harassment. Therefore, the changes in regulation of employee protection might provide a flexible working environment to the employees. “The Worker Protection Act 2023” is a recent addition in changes to the UK's Employee Act. Therefore, employers can take the necessary steps to prevent sexual harassment in the workplace. Based on this new regulation act the employees have the advantage to claim employment tribunals for the employer breaches case. 

AC 3.2 Explain legal requirements relating to transfer of undertakings

The “Transfer of Undertakings (TUPE) Regulation Act, 2006” helps to provide the employee protection rights for the employees with respect to any changes in business environments. Application of the TUPE ACT, 2006 helps to transfer the jobs of ARL companies employees to different new companies in case of insolvent business. Applying this TUPE Act, 2006, any employee of ARL organisations can maintain the continuity of employee id (Angelici and Profeta, 2023). The act of “TUPE ACT, 2006” offers the legal protections by giving the benefits and opportunities. This law also suggests transferring the employee transformation from present ACL company to another company. Some key principles associated with the “TUPE ACT, 2006” that can be adopted by the HR management team of ARL organisations are as follows.

The TUPE Act, also associated with the employee transfer process for inheritances of legal liabilities, rights, obligations, etc.

The “TUPE, ACT, 2006” also gives the protections against any type of dismissal connections.

This act also helps to provide any obligations for identification of representatives and affected employees.

The HR management team can apply this “TUPE Act, 2006” incase of outsourced work from the contractor and the client. Incase of any kind of transfer of original contractor from outsourced services, the TUPE Act might help to provide the legal protections (Davies et al. 2022). The act is also applicable incase of any kind of changes of economic transfer, organisational and technical changes occurred in the workplace.

The “TUPE ACT 2006” also provides the protection against any kind of unfair dismissal. This type of act also provides the responses for any type of substantial changes. The employees can also engage in any kind of re-engagement, reinstatement for employment tribunal.

The employee rights for TUPE Act

It provides the regulations against the protection rights for the new employers. The TUPE transfer occurs after the concern from the employees related to changes in contracts (Rouse et al. 2021). The development of legislation protection also helps to improve the legislation transfer process for the employees of ARL organisations.

AC 4.2 Explanation of the major statutory rights in leave and working time

The regulation regarding working time and the leave time is a necessary regulation for balancing the worktime for ARL organisations. According to the “UK Working \Time Regulations 1998” provides the regulations for the working time for the UK employees (Kálmán, 2022). The new HR management team of ARL company can adopt the following regulations. Therefore, the rights of the maturity rights for working time and leave time are as follows.

The “Statutory rights” related to working time

The “Statutory rights” provides the protection rights to the employees against any kind of discrimination. The “Statutory rights” also gives equal payment opportunities against any kind of unfair dismissal.

The “Statutory rights” provides a limit of 48 average working hours for the employees which is applicable for 17 weeks.

The “Statutory rights” also put the limitation of 8 hours of working hours from 24 hours for the night shift workers and 11 hours for the day-shift workers (Kurer, 2020).

There exist legal rights related to employees and the employers applicable for short-time and lay-off working times.

The lay-off regulations associated with the temporary working period. In that case the workers can not receive the wage payments for short working time.

The “Statutory rights” related to leave time

The holidays regulations are another important part that also involves the legal rights of 28 days of annual leave based on paid statutory contracts, including the public holidays.

The “Statutory Acts” also involves the special leave for all employees based on particular circumstances.

The “Statutory Acts” involves the special leave for parental and maternity leave for the employees.

The Neonatal care leave is also applicable for 12 weeks instead of paid leave and Carers leave for legislation for unpaid carer’s. The leave of parental bereavement, domestic and personal leave, can also be part of statutory rights.

Therefore, the above segments provide detailed descriptions of statutory rights for the working time and leave regulations that can be implemented by the HR management of ARL companies.

AC 4.4 Explanation of other employment rights relating to flexible working

The “Statutory Acts” involve some special rights related to flexible working hour policies and leave at the workplace.

The employment rights related to Working times

Every employee must have the legal right of a total of 26 weeks of working time and it can be flexible based on the night and day shifts.

According to current flexible working time, the employees can make two types of flexible request for the working process which can be applicable for an interval of each 12 months.

The employees who work at least 26 weeks are eligible for application of flexible working hours.

Development area of flexible working

The UK government provided the new development regulations of “right to request flexible working” in 2003 for developing the flexible regulations for working hours (Šimunjak and Menke, 2023). The additional regulations of 26 continuous are added which often creates challenges for the employees. Therefore, development of this area can improve the flexible working regulations.

AC 4.3 Explanation of main principles of maternity, paternity and adoption rights in context of employment rights

The adoption rights, paternity rights, and the maternity rights are mainly associated with female employees for providing any employment rights for the employees of ARL organisations (Wynn-Evans, 2020). The associated regulations are given as follows.

For the female employees of ARL organisations, the mothers can apply for the maternity leaves for 52 weeks and can receive the paid leave up to 39 weeks.

For the male employee or new fathers can apply 2 weeks of paternity leave.

Incase of the adopters, the female employees can apply for 39 weeks leave.

The paternity, adoption rights and the maternity are applicable for both the after and before birth adoption (Repository.mdx.ac.uk, 2020).

The pay and the leave can be applied only for the 1st two weeks of baby birth. This implies that the leave is applicable up to 50 weeks and 37 weeks.

The paternity leave is applicable only for 1-2 consecutive weeks and the time remains the same for twin babies. This leave application cannot be applicable before baby birth.

Paternity rights

UK employees can have the legal right to choose one or two consecutive weeks for taking leave. This legal regulation is also applicable to more than 1 child. However, the leave process cannot start before the child is born. 

Maternity rights

The Maternity rights are applicable up to 52 weeks. In that case, the first twenty-six weeks are considered Ordinary leave and the rest weeks are additional; leave under the maternity leave period. 

Employment rights

This law is applicable for any type of unlawful deduction of wages for paid holidays. The condition for application of this regulation is to opt for 48 hours of work. 

 

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