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Introduction - 5OS01 Specialist Employment Law Assignment
This is identified that protection of equality and the equality act 2010 is protecting the people from discrimination in the workplace in wider society. This also includes identification of the various factors it helps in reducing and replacing the anti-discrimination laws where the single act helps in identification of making the law easiest ways to understand and strengthen the protection in some situation. This also helps in considering the different factors that are related to the destination and other love this helps and the identification of the various factors that are related to the same. this will also include the different analyses where it would be divided into two tasks.
Task 1 - 5OS01 Specialist Employment Law Assignment
Section 1 - 5Os01 Specialist
A)
This is identified that the equality act 2010 is one of the most significant and that helps in identifying and the discrimination and recruitment and selection of employees are considered to be legal where recruitment discrimination is the real issue but this is one of the most significant aspects we have the percentage man on the organisation must not discriminate against anyone the time of hiring new staff. it is taken into consideration that there are various forms of job roles that are required to be considered of which essential criteria of identifying the job role include different factors as per the job requirements. This is identified that the organisation feel to offer our job to the applicant because of the product characteristics of discrimination and is also take into account that employer needs to take care about the criteria where is the requirement and recruitment process are taken into account this may result in unjustifiable indirect discrimination against the job applicants (Abdul Wahab and Nik Mahmod, 2020). This also identifies and any specific provisions which apply in the nation to the protected characteristics or disability where it is very much important and his name will adjust about the employment procedure about the job application with the disability. it is very much unlawful to the job application question about the health and incapacity before making a job offer to the person although they are an exception to some of the related to that. It is taken into account online characteristics and provided and 2010 which includes age, incapacity, gender relocation, marriage and civil partnership and this also includes pregnancy and maternity please religion or belief, sex and sexual orientation (Been and de Beer, 2018).
It is taken into consideration that equality and 2010 outlines the various types of discrimination and unlawful conduct some of these include the following,
Direct discrimination: these are the discrimination of someone's dated less fee will be another person because of the protected characteristics.
Associated discrimination: this is identified that associated discrimination is discrimination that association. this taken into consideration applied to various religions, beliefs and gender reassignment.
Discrimination by perception: this includes the perception is the discrimination that someone thinks about the characteristics and that the equality act 2010. This leads to the perception where it applies to race, religion or belief.
This is identified that there are variously considered for identification of the discrimination that has been done in the organisation this includes the factors related to the equality act 2010 when is the employees take the steps to reduce or eliminate discrimination in the workplace.
B)
It is taken into consideration that in the Equality act 2010, men and women in the equal employment form equal work equivalent pay unless there is a change in pay which can be justified due to the work that has been done by both. This is identified that the employers and the country must follow the equal pay act as in case if these are not followed then they are considered to be at risk of tribunal cases are the reputational damages in case of the equal pay is not provided. This is based on prescribed terms not the pay to this also includes fundamental pay non-discretionary bonus extra pay rates and payments (Bengtsson, 2020). it also includes performance-related benefits related to the pension schemes and benefits in kind. It is taken into consideration that the right to equal pay smears to many different work preparations which include that the employees with the verbal or written contract of service are considered to be one of the most important factors for workers who agreed to do the work personality and this also includes the apprentices and position and public officeholders. It is identified that it does not matter how long the person has been employed or whether the person has a full-time or part-time job fixed, the term contracts are considered. This is identified by the equal work includes three kinds of aspects which include work that was created as equivalent and work of equal value. Where like work is broadly similar or dissimilar to a task that requires similar knowledge and skills and there is no difference in practical importance. It is also identified and the way that it is related, or equivalent includes the valid job assessment which is being equal in the value in terms of our basis demanded. On the other hand work of equal value is not considered to be a simile and has not been treated as equivalent to what is considered to be equal in the terms of demand such as effort skills and ruling producing process (Copeland, 2020).
Equality act 2010 is one of the most significant forms of law which help in identifying that women and men have a right to get equal pay for equal work with the same. It is taken into consideration that where the women and men are the only ones intended to be reimbursed at the same rate for the like work the work rated as an equivalent must be considered and should be of equal value. There are various factors considered for pain the equal amount of faith to both the members of the employees. The equality act 2010 is one of the most important acts which helps in guiding equal pay where it identifies that equal pay means where the men and women in the same service of performing equal work must be receiving equal pay unless an alteration in the pay can be justified form the work that they are doing (Fagan and Rubery, 2018).
This is identified as all workers have several events that have been carefully identified and laid down under the individuals were treated fairly by their employees. It is taken into consideration that the rights which have been given by State law in the UK are also considered as statutory tides. It is taken into account that while statutory rights form the basis of fair treatment in the workplace this must be used to identify the specific employee rights which may vary slightly depending on the different types of jobs that are required to be considered in a range in the manner that the employee along with the other variables are considered to be having a legitimate and the standing (Gribble, et. al. 2019). Some of the statutory rights that are defined by the government of the country for the legal aspects include the following,
The employee must be paid at least minimum wage which includes working above the minimum wage must be identified as per the required understanding.
This is also taken into consideration the need within 2 months of starting the job the person should receive a written statement carefully where is this must be stated about the basic details and the main terms and conditions about the employment. These must consider and should include job titles expected as working in monthly wages.
It is also taken into consideration that a person receives an itemized payslip for all the details that are provided and it. Various factors are routed to the same which includes that the employer cannot make an illegal deduction from the wages.
This is also identified that the employee must not be discriminated against in the workplace where the symbolised and all the forms of discrimination including the age disability or religious beliefs.
It is taken into consideration that if the employees are working for an employer then it must be having at least one month of consideration where you must notice what is being considered as a legal factor.
It identifies that no matter the terms of the service contract certain work rights cannot be overruled by any contractual settlement. These are referred to as a statutory right this must be granted by the authority and automatically applied to the employees. Various forms of employment law are identified which include statutory rights which are intended to provide legal security to both the employees as well as the employees of the country. In that, there are various consequences for the businesses which include complying fully with employment contracts where in terms of statutory rights and particularly business considerations are considered. These are taken into consideration that there are various forms of written statements that are dealt with disciplinary issues or dismissals (Fahy, et. al., 2019).
This is identified that any employee is found in breach of any form of statutory work rights the employee is considered to be having a right to reject to work design and meet legal claim under the different and fitness mental states that have been made by the employer. Even if an organisation has unintentionally violated any statutory rights then in this case it will be brought before the civil court are the employment tribunals which could face penalties or in rare cases, it would lead to imprisonment. This is taken into consideration that the only way to ensure compliance with the employment law was to depend on the legal counsel so that the organisation is having an HR management where all the forms of different factors are identified. There are various consequences for the business organisation where it including that the organisation may be sued for inappropriate actions on the employment (Guerrina and Masselot, 2018).
It is also taken into consideration that contractual employee rights include the different forms of factors with the terms and conditions for your employment contract at a can into account these are considered to be related to the contractual rights with the terms of the contract may vary in the terms of employment with additional rights would include the statutory minimums.
This is considered that all the workers are entitled to statutory employment rights of these workers and entitled to the fact where the statutory employment rights are considered. There are various factors which include the entitlement rights of an employer taking into consideration and this helps the employees of the organisation to maximise its production and can consider the pages that are being paid.
B)
It is identified that various forms of statutory rights have been defined by the government where the UK working time regulation 1998 is one of the best wickets in form of law which helps in laying down the minimum condition relating to the weekly working. It is taken into consideration that there are various forms of annual leave in the UK where includes the identification of the provision relating to the minimum 48 hours working week. It is also taken into consideration that the employment regulation and labour market provide the factors where the average weekly hours worked by employees in the UK is related to the proportion of long as a job. This is identified that employees have to take care of all the workers with their health and safety is one of the most important factors for the same. It is taken into consideration that this includes protection of workers from overworking and it also includes consistency related to the long hours. This has been identified that employer should consider the proactive steps which should be included under carrying out the risk assessment where this must include determining whether the long answers for address in the workload concerns are taken into consideration there are various factors wave it includes the working time regulation 1998 where these must be identified as per the European working time directive. They must protect the workers’ health and safety (Kossek, et. al., 2020).
C)
This is taken into consideration that statutory rights that are identified by the employment rights have concluded statutory maternity paternity and adoption rights in the UK which are applied before and after the birth or adoption. This is identified that mothers fathers actors are considered to be having adoptive parents with children having the right to get better in ITI maternity and adoption leave where they should be paid and are considered to be attentive fired as per the parental leave. This is identified bad most of the relevant UK legislation are having employment rights act 1996 bare the shared parental leave arrangement are covered under children and families act 2014. these are considered to be the unfavourable treatment of women because of their pregnancy and is considered to be unlawful where it is taken into account that this includes an institution where different factors that are related to the constructive and unfair dismissal claims are taken into account.
This is identified that there are various factors that discrimination which is defined for that maternity leave in the UK some of these include the compulsory leave statutory maternity leave and shared paternal leave. These are some of the most important factors that are related to the same considered to be identified by our mothers and UK are and title to up to 39 weeks (Merrett, 2021).
D)
This is taken into consideration that various factors are related to the flexible working and work-life balance. Considered that flexible working opportunities include and benefit everyone where employers’ employees and their families must be considered. Various factors are related to the same which includes most employers must recognise and consider the factors which include opportunities for their staff.
Flexible working is a phrase that helps in describing any working pattern that is adapted to suit the needs. some of the common types of flexible working identified as part-time work flexitime analysed h compressed hours job sharing and home working. Flexible working is one of the most important factors in the law provides an employee is a statutory right to request flexible working patterns. That must be included where the employer but not agency workers are having armed forces. This is taken into consideration not there are statutory rights to apply for the same.
Section 3 - 5OS01 Specialist Law Employment
A)
This is considered that the laws of organisational change are social logical way at the actual legal regulation and considered to be handed down by the government. It is taken into consideration that a business looking to change its operational methods box to address these laws the company as per the workforce of new standards. It is taken into consideration that change management is a systematic approach and application of knowledge that tools and resources are required to be dealt with the change. It involves defining and adopting corporate strategies with the people who would consider the major change within an organisation. This is identified that the various factors which influence the resistance to change their employees do not resist organisational change this includes that the employees become comfortable with the established methods the operation are considered to be in the desire to change the accepted methods. Form specialising in organisational change implementation includes identification of various factors our company can begin the physical process of change. It also includes the organisational change that the company may have a difficult decision regarding the employment status of the workers. This is one of the most important factors related to the resistance to organisational change (Minocha, et. al., 2017).
B)
It is identifying data transfer of undertakings that occurs in one or two situations where it includes the business transfer or service provision change it is taken into consideration that when a business moves from one to the other than it is considered as a relevant transfer with the transfer of undertaking a regulation and currently protected with the entitlement of you came as same terms and conditions are related to the same. It is taken into consideration that it introduces write where the law governing the transfer of undertaking is taken into consideration. This also less the types of circumstances where it includes a checklist to help you determine whether it applies in a particular situation. It includes brief guidance on managing the transfer of undertaking regulation 2006 it particularly discusses the dismissals consultation pensions and retains information (Sánchez-Monedero, et. al., 2020).
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Task 2 - 5OS01 Specialist Employment Law Assignment
A)
The employment law regulation is one of the most important factors we have the legal protection to the employees and employer’s relationship is considered. It is taken into consideration that the objective of the employment law includes social justice where the distribution of the difference in the society at taken into account it is based on equality and its opportunities are identified where it includes the workplace social justice which also refers to the access related to the rights and fairness. This also includes the workplace identification with social justice are taken into consideration. The employee protection and employment rights are designed in a manner where this includes the balance related to the expectation of job with the fair treatment of the employee was doing it. This also includes employee rights at work where both the statutory rights and employment contracts are considered (Teague and Donaghey, 2018).
This is suggested that the aims and objectives of the employment regulations to regulate their employers and the employment relationship where employment regulation are considered to be known as employment law that helps in enforcing rules and set expectations that are related to both the employees and then try to identify the fairness and consistency on both the sides of the employment. This is considered that the contract of employment is a legally binding agreement among the people where this includes the enforceable by the long where this includes organisation and employee as well. Account does not include and is not required to be written where it can also include being done about the manner the acceptance is given based on the initial offer. It is considered that the employee is defined under the employment rights act 1996 where the individual is having an aspect related to the contract that they have entered. It is identified that when the employment contract is established then there must be some common factors and elements that must be identified which includes,
An offer must be there with the acceptance of the offer, this also includes consideration which must be there and contractual intention for the same must be there. This helps in the identification of the factors that the contract between the same are taken and are made. This is taken into consideration that employment law regulates the relationship between the employers and employees be reduced in governing the employer who can expect from the employees about their employment. Various factors must be identified at this which includes the information on the development of the employment law this also includes the amendment status and the statutory rates. These are also considered that the terms and conditions of the employment must be identified through which the different safety regulations are considered. This is identified name the approximately 4 million limited companies which are working in the country having approximately 21 million full-time employees. Therefore, this also includes the law in place to identify that both employers and employees are protected. Therefore different legislation on the dismissal is taken into consideration it helps in identifying and safeguarding and employers’ interest and keeping the relationship between the two fairs. This is accounted that the employment law can a complex and varied where this is especially considered the factors that are related to the UK employment-related legislation where this includes running and growing the day-to-day business aspects. Ultimately this is considered as one of the most important factors with employment law has also helped in outlining the different factors that are related to the protection of the business owners.
B)
This is accounted that employment tribunals deal with the claims that are related to the employers and employees. It is taken into consideration that claims can typically relate to the unfair and dismissal where the discrimination and equal pay among the employee the factors that are related to the same it is identified that employees must contact in the manner it helps in resolving the dispute through early consolation. It is also counted that the fat must be considered where the employment claims are considered. An employment tribunal in the UK deals with the clients that may be brought against the employees and employers this relates to their employment or in case of their termination. With employment tribunal are set up the includes the intended forms of factors with an informal and inexpensive way of resolving the disputes are considered. There are various examples of the types of dispute which includes the following,
Unfair dismissal
Wrongful dismissal
Equal pay
Deduction from the wages
C)
This is identified that there are various factors in consideration that are taken into account for the identification of the employment tribunal proceedings where it is considered that bringing and defending the claims and preparation of attendance of employment tribunal are considered as one of the factors that include the dispute which can be further divided in the information. It is taken into consideration and the case that must be taken into tribunal is not always in the best way of dealing with the dispute. It is usually a good idea for trying and sorting out the problems that are related to the discussion with the management. At the time of considering and taking two cases of the industrial tribunal the fair employment tribunal, it is important to identify the factor where the tribunal has the power to deal with the issue and to make sure that a claim is sent to the tribunal within the appropriate time limit. This includes the importance of where the complete mission with the early conciliation process is considered.
References
Abdul Wahab, H. and Nik Mahmod, N.A.K., 2020. Defining employment discrimination in the Malaysian legal context. Pertanika Journal of Social Sciences & Humanities, 28(1), pp.379-395.
Been, W.M. and de Beer, P., 2018. The regulation of employment conditions of labour migrants in the temporary work agencies sector: The cases of the Netherlands and the UK. AIAS-HSI.
Bengtsson, L., 2020. Addressing age stereotyping against older workers in employment: The CJEU and UK approach. International Journal of Law and Management.
Copeland, P., 2020. Employment and social policy will be a sticking point in negotiations between London and Brussels. LSE Brexit, pp.1-2.
Fagan, C. and Rubery, J., 2018. 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(2), pp.297-317.
Fahy, N., Hervey, T., Greer, S., Jarman, H., Stuckler, D., Galsworthy, M. and McKee, M., 2019. How will Brexit affect health services in the UK? An updated evaluation. The Lancet, 393(10174), pp.949-958.
Gribble, R., Goodwin, L., Oram, S. and Fear, N.T., 2019. ‘It’s nice to just be you’: The influence of the employment experiences of UK military spouses during accompanied postings on well-being. Health psychology open, 6(1), p.2055102919838909.
Guerrina, R. and Masselot, A., 2018. Walking into the footprint of EU Law: Unpacking the gendered consequences of Brexit. Social Policy and Society, 17(2), pp.319-330.
Kossek, E.E. and Lee, K.H., 2020. The coronavirus & work–life inequality: Three evidence-based initiatives to update US work–life employment policies. Behavioral Science & Policy.
Merrett, L., 2021. International Employment Cases Post-Brexit: Choice of Law, Territorial Scope, Jurisdiction and Enforcement. Industrial Law Journal, 50(3), pp.343-374.
Minocha, S., Hristov, D. and Reynolds, M., 2017. From graduate employability to employment: policy and practice in UK higher education. International Journal of Training and Development, 21(3), pp.235-248.
Sánchez-Monedero, J., Dencik, L. and Edwards, L., 2020, January. What does it mean to'solve'the problem of discrimination in hiring? Social, technical and legal perspectives from the UK on automated hiring systems. In Proceedings of the 2020 conference on fairness, accountability, and transparency (pp. 458-468).
Teague, P. and Donaghey, J., 2018. Brexit: EU social policy and the UK employment model. Industrial Relations Journal, 49(5-6), pp.512-533.
