Critically Assess The Effectiveness of employment regulation and how it is enforced in the United Kingdom Case Study

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Critically Assess The Effectiveness of employment regulation and how it is enforced in the United Kingdom Case Study

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Introduction

THE SCOPE REGARDING THE REGULATION OF EMPLOYMENT LAWS

The majority of the laws which regulate the relation of employment[1] are applied in the international countries as an ordinary working in the country or the United Kingdom or completely like they are done towards the citizens of Britain. The laws which are chosen by the parties and respect to the agreement of employment what we supposed to govern any of the disputes in respect to the contract; however, they are not supposed to terminate the legislation of the United Kingdom when being applied towards the relation of employment.

  • The laws are applied in international countries.
  • The laws which are applied to the abroad working nationals.
  • The employment-related laws in the United Kingdom might be applied to the national song of United Kingdom who works in foreign countries but is dependent on the strength of the association in between the relation of their employees and the country UK.
  • The regulations[2] in respect to the relation of employment.

DISCUSSION

FORMS OF EMPLOYMENT LAWS

The contract of employment in written form

An employer should necessarily provide each of his employees with are written statement addressing the particulars for the engagement or employment[3] since the 6th of April in the year 2020, mostly these particulars are necessarily provided single principal statement or document on or before the date on which the engagement of the employment was initiated. The various other particulars photo, please provide it in instalments but none of the later than a couple of months, latter to the engagement for employment is noted to commence. The principal statements should consist of the following-

  • The name of the worker or employee and employer
  • Date of the beginning of the engagement by the worker or the employment by the employee
  • In the case of the employee, the date on which the period regarding continuous employment was initiated by the employee
  • The method for the calculation of how much or the amount and how generally individuals are noted to be paid.
  • Any of the conditions and terms in respect to the working hours for existing power of days in the week which is the individual is needed to work, and they are also working for days of the week might be varied, and in case the variation occurs with details has to be provided in the resume of how they might vary.
  • Any of the conditions and terms in respect to the entitlement[4] of holidays
  • Any of the conditions and terms and respect to the sick leave and payment[5] towards sickness complete detail which could be given in a reasonable and accessible segregated document.
  • Any of the conditions and terms in respect to another leave which is paid besides this sick leave for a holiday with body respiration regarding which could be given in a reasonable and accessible segregated document
  • Noticing period for the termination of the employment. The title regarding the job as well as a brief detail of the task in according to which the employee is engaged or employed
  • For the worker on an employee who is non - permanent, the detail regarding how long the agreement is estimated to continue or not from the period and date on which it is expected to terminate.

The terms being implied-

The law of the United Kingdomimplies particular terms into the agreement of employment.This consists of the following -

  • The duty regarding confidence and trust.
  • The accountability of the employee[6] towards -
  • Faithfully obeying the employer;
  • Exercising reasonable care and skill to perform their duties and not during the relationship of employment on the closure of the confidential data or information of employer for disruption of the business[7].

The accountability on the employer towards -

Paying wages four given the employee is able for performing the task and willing to do it unless there remains an agreement-based right for not doing so, taking reasonable care of the security and health of the employees[8]And immediately providing the employees' reasonable fortunate ease of obtaining the redressed in respect to their grievances.

Collective contracts -

The collective contracts are noted to be typically made between Trade Union and an employer. These kinds of contracts are not bounded in a legal form. Their conditions and terms do not become a part of the employment[9] agreement of an individual unless these are noted to be appropriate for incorporation and incorporation towards an agreement of the employee. The collective contracts are less general in the private sectors of the United Kingdom in comparison to the public sector.

Representation of Management -

  • The statutory right not being there with employers for representation of the management. Employees and employee food enter in a collective contract[10] which gives towards some kind of representation of management these are quite rare, especially in the private sector.

Consultation -

  • The employers are within no common accountability for consulting with the employees in respect to the matters which will affect them unless a piece of information[11] or working Council, as well as the consultation body, is noted to exist in association with their working members. in the cases, the employer is required to comply with their responsibilities within any relevant contract being reached with the consultation body or working Council.
  • Concerning the consultation for an employer, the applications in the happening of collective redundancy.

ENTITLEMENT REGARDING THE STATUTORY EMPLOYMENT RIGHTS

There are full ranges of the statutory employment[12] rights which are being entitled by the employees which are to be discussed in this topic. This employment law consists of the rights in the course of employment like that of the right towards the written statement of terms and conditions. These have also been specified statutory payments, either most or the least, during the occurrence of some leaves, which might be sort of family-based leave and illness leave. It further consists of the rights towards the statutory or legal least notice period as well as some security from the dismissal. The Sum of the given rights is only applicable later to the attainment of the employee[13] for the least period regarding their employment service, for instance, the unfair dismissal security. The employees are given some sort of assurance or compensation for giving up some of their basic statutory employment rights, specifical devices for claiming against the unfair dismissal and in almost all of the employment cases and their rights towards a statutory payment regarding redundancy from 1st of September in the year 2013, being subjected to some specified formalities. The assurance is given in exchange for a least of GBP 2 000 having a worth of shares in respect to their employers[14] or an employer from a patented company. These kinds of employees were further known as the employees-shareholders.

Various tax reliefs were available on the receipt, or that is at the time of buying back of the shares that have been issued under the scheme, which is known as the employee shareholder scheme. However, these kinds of tax reliefs have been ceased to be applicable for the agreements between the employee and the shareholder that is made on or after 1st December of the year 2016. Hence, these kinds of agreements were applied to the comparatively lower number of employees. The workers are noted to be entitled to a very limited range of such rights that are legal or statutory in respect to the employment laws.

Similar to the employees, the workers were also entitled to not being discriminated against them, based on any statutory or legal features towards the receipt of statutory minimum wage about accrued a statutory list of the minimum numbers of days regarding the holiday. Although, the same level of security is given towards the dismissal[15] of the employee is not enjoyed by them. The self-employed individuals have very few statutory employment rights; however, they still are entitled to a certain minimum[16] rights like that of the protected environment for working when they work at the premises of their clients.

THE ENFORCEMENT OF THE REGULATIONS OF EMPLOYMENT IN THE COUNTRY UNITED KINGDOM

Tribunals of employment -

The Tribunals of employment have jurisdictions for hearing a huge range of some of the contract relating and statutory claims. They are noted to be governed in accordance with the Employment Tribunals Regulations[17] in the year 2013 or rules and constitutions of procedures or ET Rules 2013, Employment Tribunals Act in the year 1996, or ETA 1996.

In the country of United Kingdom, most of the laws relating to employment are categorized as private law or civil law, which means that these are enforced as an outcome of one of the parties or the claimant being suing the other party or the respondent either for some another kind of remedy in respect to a civil court or for the compensation.

With the reference to case law of Capper Pass v Lawton, the employment appellate tribunal has held that in determination that whether a man or woman are employed broadly on a similar kind of the work, then trivial differences are not to reflected in the terms and the conditions of the employment.

With the reference to the case law of E Coomes (Holdings) ltd v Shields, it was held that under section one, subsection four of the equal pay act, state that the comparison is required to be made but not between the things which are actually done, and with the frequency in which they have been done. The burden of proof relies on the applicant

Regulation and Enforcement ofthe Employment Law in the United Kingdom

The rights of employment have been provided through employment law like the employment rights act, 1996. Other rights of employment[18] have been based on the agreements through the directives of the European Union law. Then these are made into the national laws through the regulations. These are the rights that are contained in the contracts related to individual employees, as well as the collective agreements that have been already discussed above. It makes it possible to access the rights that vary because it is dependent upon the type of employment service one is providing; he or she might be an employee or a worker. There are the rights of employment which would not be anything if they are not enforced and not regulated.

Who regulates and enforces these rights regarding the employment laws-

The current legal system shows that there is a split between the government and the workers. This is fragmented and very much complex to know where they could go for seeking help whenever they would make it believe regarding their rights which have been infringed or might be they would want the information on their rights.

The government regulation body-

Various enforcement bodies have set up for the protection of the workers from exploitation that would include-

  • Health and safety executive officers that are HSE. It includes maximum weekly working hours.
  • There are local authorities set up for lower-levelhealth and breaches for safety.
  • The human management resource commission which is also known as HMRC[19] has been established for theenforcement of the payment of minimum wage.
  • There is also an establishment Gangmasters and Labour Abuse Authority (GLAA) which would protect the employees from labour exploitation withinmodern slavery.
  • The establishments of the pension regulators for the pensions of the employments.
  • Employment Agency Standards Inspectorate[20]which is also known as EAS, and this is for the enforcement of the employment agency legislation that is except Agency Worker Regulations.
  • It also includes the independent commissioner related with the anti-slavery.
  • The Equality and Human Rights Commission is also responsible for the investigation as well as for the discrimination. It also helps in regulation of the gender pay as well as Gap Reporting.
  • Rural Payments Agency has also been established by the government of the United Kingdom, which has responsibility for regulating the agencies and the workers in the field of agriculture as well as in the field of horticulture, shellfish gathering, and that have been associated with the packaging as well as processing.
  • The Director of Labour Market Enforcement[21] has also been established where the director is currently Matthew Taylor, who is also responsible for setting major priorities[22] for HMRC, that is human management resource commission, that is National Minimum Wage, as well as GLAA and EAS Inspectorate.
  • Single Labour Market Enforcement Body

This enforcement and the regulatory body for the employment[23] the law also includes the consultation process. The consultation takes place for the creation of a single labour market, which is an enforcement bodythat is closed on 6th of the October in the year 2019. The Government of the United Kingdom has proposed the creation of a single labour market which enforces the body for bringing all the agencies that have been enforcedtogether under one organization.

This body has also responsible for the enforcement of the holiday pay as tribunal awards and also for providing a single brand[24]. This happens because various workers should knowwhere to go for help on their employment rights. However, the government of the country of the United Kingdomwould not take on the enforcement of all the relevant rights related to the law of employment[25]. This vast proportionate would still require numbers of such actions by the individuals through the way of the Employment Tribunal (ET).

EMPLOYMENT TRIBUNALS

Even when there is the existence of the bodies which have been enforced, there are the majority of the employment rights[26] which have been enforced by the trade unions as well as the individuals through the method of employment tribunals. These employment tribunals have jurisdictions that hear a vast range of legal as well as statutory and contractual claims. This jurisdiction comes into force by the Employment Tribunals act, 1996, which is also known as ETA 1996. Therefore, these are responsibly governed by the Employment Tribunals act, 1996, which is also known as ETA 1996, and The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (ET Rules 2013). The major and the important role which is played by the employment tribunal was emphasized by the supreme court.

This was done with reference to the case law,in R(Unison) v Lord Chancellor (the case that abolished Employment Tribunal Fees). In this case, it was held by the supreme court that the employment tribunal is an essential part of the enforcement of the protective employment legislation.

The parliament has, therefore, have provided them with authority to the creation of an easily accessible system regarding the process of adjudication for being heard regarding various claims in most of the employment laws cases. The court hereby has also held that the rights regarding employment law have a very special position, and also the parliament[27] intended to provide legislation for the protection of the rights regarding employment. This has ultimately provided lots of benefits to the workers and also those rights which are subjected and issued in the interest of the public.

The employment tribunal is also responsible for claiming and for delivering the promises made by the parliament through the protective laws of the employment. These are made for the regulation as well as for supporting and restraining the power of the management. Here the parliament has expected these processes or the procedures to work in a very fair manner and also properly in favour of the employees at the workplace. These are the employers who are required to obey the obligations which are given to them by the parliament. These are legal and the statutory obligations that are given to them.

When these employers are not able to follow the same, then every individual who acts as an employee under the same employers can bring their rights and the claims before the employmenttribunals[28]. Otherwise, the employers would not be above to adhere such a position to the legislative provisions. And the superior party that is the employer in the relationship of the employmentwould have prevailed. There is also a high level of the possibility of being claims that are brought by those employees whose rights have already been infringed.

CONCLUSION

As the term social justice is defined as the distribution and the segregation of the differences which lies in society; and therefore, it is mainly based on the two aspects that are equality and opportunity. It lies within the workplace or an organization, and therefore it also can be said that the term social justice is also defined as the making of an assessment of rights[29] and fairness. The rights of employees are mainly focused on employment protection which is designed for balancing the expectations of the job seeker as well as the job giver. It also includes that there should be fair treatment with the employee as well as with the employers. The rights of an employee’scome from both the statutory rights which are mentioned in the law of the employment as well as with the contractual rights[30] that are mentioned in the contracts which have been signed between the employers and the employees.

As it is also well known that the United Kingdom is the country that is also a part of the European Union, therefore the country United Kingdom is also subjected to European law. It has the authority, and therefore it could take the place of any domestic law. It simply means that the domestic law[31] must be done similarly with the laws of the European Union. Mostly the European union laws are made into an introduction into the laws of the United Kingdom with the help of statutes.

The employment law is responsible for the regulation of the relationship between the employers as well as the employees. It governs that what can be done by the employees and what the employers might expect from them.

REFERENCES

Aylott, Elizabeth. Employment Law: A Practical Introduction. Kogan Page Publishers, 2018.

Barkow, Timothy J. "A Review of Closing the Enforcement Gap: Improving Employment Standards Protections for People in Precarious Jobs, by Leah F. Vosko et al." International Journal of Comparative Labour Law and Industrial Relations 37, no. 1 (2021).

Bengtsson, Lyndsey. "Addressing age stereotyping against older workers in employment: The CJEU and UK approach." International Journal of Law and Management (2020).

Cook, Trevor. "The interface between employment law and enforcement, remedies, and sanctions." In Research Handbook on Intellectual Property and Employment Law. Edward Elgar Publishing, 2021.

Duddington, John. Ministers of Religion in UK Civil Law: Obstacles to Employment Status and Potential Reforms to Achieve a Degree of Employment Protection. The University of Manchester (United Kingdom), 2019.

Fagan, Colette, and Jill Rubery. "Advancing gender equality through European employment policy: the impact of the UK's EU membership and the risks of Brexit." Social Policy and Society 17, no. 2 (2018): 297-317.

Flores, Marta. "The Recognition and Enforcement of UK Insolvency Proceedings in Spain After a Hard-Brexit. Special Reference to Schemes of Arrangement." European Company and Financial Law Review 18, no. 3 (2021): 377-397.

Grundy, John, Andrea M. Noack, Leah F. Vosko, Rebecca Casey, and Rebecca Hii. "Enforcement of Ontario's Employment Standards Act: The Impact of Reforms." Canadian Public Policy 43, no. 3 (2017): 190-201.

Haines, Anjana. "UK considers closer links between employment and tax rules." International Tax Review (2018).

Morrison, Ken. "HR Theory and Employment Law." In Management for Scientists. Emerald Publishing Limited, 2019.

Paudel, Kumar, Gary R. Potter, and Jacob Phelps. "Conservation enforcement: Insights from people incarcerated for wildlife crimes in Nepal." Conservation Science and Practice 2, no. 2 (2020): e137.

Teague, Paul, and Jimmy Donaghey. "Brexit: EU social policy and the UK employment model." Industrial Relations Journal 49, no. 5-6 (2018): 512-533.

Van Dijk, Auke J., Victoria Herrington, Nick Crofts, Robert Breunig, Scott Burris, Helen Sullivan, John Middleton, Susan Sherman, and Nicholas Thomson. "Law enforcement and public health: recognition and enhancement of joined-up solutions." The Lancet 393, no. 10168 (2019): 287-294.

Wardhaugh, Bruce. "Book review: Criminal Law Principles and the Enforcement of EU and National Competition Law. A Silent Takeover?, by Marc Veenbrink.(Alphen aan den Rijn: Wolters Kluwer, 2019)." Common Market Law Review 58, no. 1 (2021).

[1]Cook, Trevor. "The interface between employment law and enforcement, remedies and sanctions." In Research Handbook on Intellectual Property and Employment Law. Edward Elgar Publishing, 2021.

[2]Grundy, John, Andrea M. Noack, Leah F. Vosko, Rebecca Casey, and Rebecca Hii. "Enforcement of Ontario's Employment Standards Act: The Impact of Reforms." Canadian Public Policy 43, no. 3 (2017): 190-201.

[3]Van Dijk, Auke J., Victoria Herrington, Nick Crofts, Robert Breunig, Scott Burris, Helen Sullivan, John Middleton, Susan Sherman, and Nicholas Thomson. "Law enforcement and public health: recognition and enhancement of joined-up solutions." The Lancet 393, no. 10168 (2019): 287-294.

[4]Flores, Marta. "The Recognition and Enforcement of UK Insolvency Proceedings in Spain After a Hard-Brexit. Special Reference to Schemes of Arrangement." European Company and Financial Law Review 18, no. 3 (2021): 377-397.

[5]Wardhaugh, Bruce. "Book review: Criminal Law Principles and the Enforcement of EU and National Competition Law. A Silent Takeover?, by Marc Veenbrink.(Alphen aan den Rijn: Wolters Kluwer, 2019)." Common Market Law Review 58, no. 1 (2021).

[6]Flores, Marta. "The Recognition and Enforcement of UK Insolvency Proceedings in Spain After a Hard-Brexit. Special Reference to Schemes of Arrangement." European Company and Financial Law Review 18, no. 3 (2021): 377-397.

[7]Bartkiw, Timothy J. "A Review of Closing the Enforcement Gap: Improving Employment Standards Protections for People in Precarious Jobs, by Leah F. Vosko et al." International Journal of Comparative Labour Law and Industrial Relations 37, no. 1 (2021).

[8]Paudel, Kumar, Gary R. Potter, and Jacob Phelps. "Conservation enforcement: Insights from people incarcerated for wildlife crimes in Nepal." Conservation Science and Practice 2, no. 2 (2020): e137.

[9]Aylott, Elizabeth. Employment Law: A Practical Introduction. Kogan Page Publishers, 2018.

[10]Fagan, Colette, and Jill Rubery. "Advancing gender equality through European employment policy: the impact of the UK's EU membership and the risks of Brexit." Social Policy and Society 17, no. 2 (2018): 297-317.

[11]Duddington, John. Ministers of Religion in UK Civil Law: Obstacles to Employment Status and Potential Reforms to Achieve a Degree of Employment Protection. The University of Manchester (United Kingdom), 2019.

[12]Bengtsson, Lyndsey. "Addressing age stereotyping against older workers in employment: The CJEU and UK approach." International Journal of Law and Management (2020).

[13]Haines, Anjana. "UK considers closer links between employment and tax rules." International Tax Review (2018).

[14]Morrison, Ken. "HR Theory and Employment Law." In Management for Scientists. Emerald Publishing Limited, 2019.

[15]Morrison, Ken. "HR Theory and Employment Law." In Management for Scientists. Emerald Publishing Limited, 2019.

[16]Haines, Anjana. "UK considers closer links between employment and tax rules." International Tax Review (2018).

[17]Bengtsson, Lyndsey. "Addressing age stereotyping against older workers in employment: The CJEU and UK approach." International Journal of Law and Management (2020).

[18]Haines, Anjana. "UK considers closer links between employment and tax rules." International Tax Review (2018).

[19]Morrison, Ken. "HR Theory and Employment Law." In Management for Scientists. Emerald Publishing Limited, 2019.

[20]Haines, Anjana. "UK considers closer links between employment and tax rules." International Tax Review (2018).

[21]Teague, Paul, and Jimmy Donaghey. "Brexit: EU social policy and the UK employment model." Industrial Relations Journal 49, no. 5-6 (2018): 512-533.

[22]Haines, Anjana. "UK considers closer links between employment and tax rules." International Tax Review (2018).

[23]Teague, Paul, and Jimmy Donaghey. "Brexit: EU social policy and the UK employment model." Industrial Relations Journal 49, no. 5-6 (2018): 512-533.

[24]Aylott, Elizabeth. Employment Law: A Practical Introduction. Kogan Page Publishers, 2018.

[25]Morrison, Ken. "HR Theory and Employment Law." In Management for Scientists. Emerald Publishing Limited, 2019.

[26]Duddington, John. Ministers of Religion in UK Civil Law: Obstacles to Employment Status and Potential Reforms to Achieve a Degree of Employment Protection. The University of Manchester (United Kingdom), 2019.

[27]Morrison, Ken. "HR Theory and Employment Law." In Management for Scientists. Emerald Publishing Limited, 2019.

[28]Duddington, John. Ministers of Religion in UK Civil Law: Obstacles to Employment Status and Potential Reforms to Achieve a Degree of Employment Protection. The University of Manchester (United Kingdom), 2019.

[29]Bengtsson, Lyndsey. "Addressing age stereotyping against older workers in employment: The CJEU and UK approach." International Journal of Law and Management (2020).

[30]Haines, Anjana. "UK considers closer links between employment and tax rules." International Tax Review (2018).

[31]Duddington, John. Ministers of Religion in UK Civil Law: Obstacles to Employment Status and Potential Reforms to Achieve a Degree of Employment Protection. The University of Manchester (United Kingdom), 2019.

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