Employment Law Essay

5049 words - 21 pages

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 ...view middle of the document...

The purpose to ensure that judges pass in the main a consistent ruling. 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 system

Different types of case are dealt with in specific courts: for example, all criminal cases will start in the magistrates’ court, but the more serious criminal matters are committed (or sent) to the Crown Court. Appeals from the Crown Court will go to the High Court, and potentially to the Court of Appeal or even the Supreme Court.

Civil cases will sometimes be dealt with by magistrates, but may well go to a county court. Again, appeals will go to the High Court and then to the Court of Appeal – although to different divisions of those courts.

The tribunals system has its own structure for dealing with cases and appeals, but decisions from different chambers of the Upper Tribunal, and the Employment Appeals Tribunal, may also go to the Court of Appeal.

The courts structure covers England and Wales; the tribunals system covers England, Wales, and in some cases Northern Ireland and Scotland. (https://www.judiciary.gov.uk/about-the-judiciary/the-justice-system/court-structure/)

Employment cases can start in one of three courts, which court they commence in is partly dependent upon the level of compensation sought by the person making the claim. For example, employment tribunals generally hear cases made by a former employer are related to a breach of employment statute or where a breach of contract has been made and the level of compensation does not exceed £25,000. Breaches of common law e.g....

Other Essays Like Employment Law

Employment Law and Compliance Essay

817 words - 4 pages Employment Law Compliance Plan Rafeek Mohamed HRM/531 June 28, 2014 University of Phoenix Employment Law Compliance Plan MEMORANDUM TO: Traci Goldeman FROM: Rafeek Mohamed DATE: June 28, 20143 SUBJECT: Employment Laws As per your request, I will prepare an employment law compliance plan for a Mr. Bradley Stonefield of Landslide Limousines. From my understanding, Mr. Stonefield is planning to open a limousine service company

Employment Law Report

1227 words - 5 pages 1964 Civil Rights Act Title VII of the 1964 Civil Rights Act was one law instated to ensure equal employment opportunities for all people no matter his or her race, religion, color, national origin, or gender. The 1972 Equal Employment Opportunity, Title VII states that showing any discrimination towards an employee by an employer bases on the applicants or employees race, color, religion, sex, or national origin is discrimination and will be

Employment Law Compliance Plan

1315 words - 6 pages to Arizona from Detroit, Michigan, the organization has 650 employees, and they are planning to add 20% in the new state. This memo will describe the most relevant employment laws necessary for the company to expand their business to another state, also will provide a brief summary of each law and the consequences of noncompliance with those laws. Employment law in Michigan and Detroit are regulated by state and federal law, one of the major

Labor and Employment Law

1144 words - 5 pages Labor and Employment Law Western Governors University This report is in response for a request to analyze three situations to identify if any employment laws were violated. Situation A: An employee was granted an 11 week leave for the birth of his twins. The employee

You Decide/Employment Law

1312 words - 6 pages Devry University Employment Law HR593 You Decide Assignment   You Decide Assignment Scenario Summary: Karen is a human resources consultant at a local utility. Originally, the work requested was project-based. Karen was asked to develop training materials for an upcoming session on diversity. Cynthia, the human resources manager, was very happy with the work that Karen did and asked her to work on some additional projects. Before

Employment Law Paper Riordan Manufacturing

911 words - 4 pages the basis of race, color, religion, sex, national origin, age, disability or any other characteristic protected by law. In order to provide equal employment and advancement opportunities to all individuals, employment decisions at Riordan will be based on merit, qualifications and abilities.” Riordan Manufacturing’s China plant must also adhere to employment law that is enforced in China for all employees who are considered host nationals. The

Competency 310.1.5: Labor and Employment Law

871 words - 4 pages , and makes it unlawful for an employer to retaliate against the applicant or employee for exercising their rights under the law. 2. Applicant C has a qualifying disability under the ADA. which is paralysis of both legs. The ADA covers the hiring process of employment. The situation would require the employer to make a reasonable accommodation for the applicant, which is making the workplace accessible and usable to them. 3. Applicant C

Employment Law in Practice, Case Study

1493 words - 6 pages 1. Advise Ricky on his options (if any) The General Manager, Sean, believed that if Ricky was unable to carry out all the work in his contract he could no longer work in the warehouse. Given this, Ricky terminated his contract of employment due to the conduct of his General Manager. This is known as constructive dismissal under the unfair dismissals legislation (The Unfair Dismissals Act 1977-2007). It would be seen as reasonable for Ricky to

Employment Law

1784 words - 8 pages they were both rated as good and diligent workers. At the end of the day, both of them sent their appeal of their dismissal decision to the Managing Director however they have reject their appeal. Now both of them submitted unfair dismissal and wrongful dismissal claims to the employment tribunal. Unfair dismissal can be defined as an employee’s contract is terminated with or without noticed, an employee terminates the contract, with or without

Employment Law- Assignment 4

749 words - 3 pages the elements of disparate treatment based on age discrimination. “To show disparate treatment the plaintiff must meet the following elements: he/she is a member of a protected class he/she is qualified for the position; that he/she experienced an adverse employment action; under circumstances giving rise to an inference of discrimination” The court also stated that disparate treatment “requires evidence that an employer intentionally

Employment Plan

1029 words - 5 pages Employment Law Compliance Plan Brian Bojda, Kenneth Daniels, Keith Lambert, Michael Perronne University of Phoenix HRM/531 Dr. Gwendolyn Brown October, 14, 2014 Employment Law Compliance There are a few basic laws covered in regard to hiring/compensation in AZ. (CCC) is 650 employees-looking to expand by 20% -would be 130 additional employees. Those 130 employees would be in Arizona where the company is looking to

Related Papers

Employment Law Essay

640 words - 3 pages  Employment Law Compliance Plan HRM 531 March 3, 2015 Memo To: Traci Goldeman, Manager, Atwood and Allen Consulting From: Tim Watkins, Market Research Assistant cc: Bradley Stonefield, Owner, Landslide Limousines Date: March 3, 2015 Re: Employment Law Compliance Plan Employment law compliance created for Bradley Stonefield, owner of a limousine service named Landslide Limousines. The company currently

Employment Law Essay

570 words - 3 pages Daniel Claro MGMT2402 Employment and Labor Law February 13, 2013 AIU Amanda is a 40-year-old Asian female. She has been with a law firm for 5 years as a receptionist. The company has 120 employees. Recently, Amanda has been missing work because she has been taking care of her mother who has Stage V cancer. Amanda will usually call out of work at the last minute as she never knows how her mother is feeling until her mother wakes up in the

Employment Law Essay 1154 Words

1154 words - 5 pages Employment Law Paper Monica Benefield BUS 415 Terry Turner, Facilitator July 26, 2009 Employment Law In today’s workforce, employment law is the legal framework in which organizations will need to operate in their treatment of employees. The employers must follow all federal and state regulations and laws. These laws and regulations cover a range from health, safety, and labor relations along

Employment Law Compliance Plan Essay

1255 words - 6 pages Employment Law Compliance Plan Shemica Hale HRM/531 March 23, 2015 Robert Hanks Date: March 23, 2015 To: Jason Galvan From: Shemica Hale and Atwood and Allen Consulting Subject: Employment Compliance Law for Bollman Hotels The conversation I am here to formulate is about employment laws for Bollman Hotels. According to my notes, Mr. Galvan is planning to start a Hotel service in Minneapolis, Minnesota. The complete