In the organization the maintenance of the employment relationship is the key practice that is governed under the Human Resource Department. It is the duty of the human resource department to maintain employment relationships in the organization and securing the employment rights of individuals (Kibling and Lewis, 2000). The scope of the employment relationship is quite vast and it has legal and organizational context both in an interrelated manner. In order to maintain employment rights, this report is developed on behalf of a Human Resource Assistant who has been recently employed.
The report is to be submitted to the line manager in order to advise him on the subject of the employment relationship and its impact on organizational activities. In the report legal advice has been proposed in relation to termination of employment and discrimination related issues. At the end of the report some crucial comments have been made related to the health and safety aspects of employees and the impact of the human rights on the employment relationship.
Sources of Employment Law and Examples
Employment law of the UK can be considered a wider aspect, which can be considered originating from differentiated sources. In the UK, basically there are three major sources of employment law, namely the common law, statute, and European law (Kidner, 2014). The European law can be directed to be in the form of both European Directives and decisions of the European Court of Justice. The discussion and examples of these sources of employment law can be presented as below: Common Law
The prime source of employment law in the UK is common law. It is because almost all the employees within the UK, sign contracts with their respective employers before getting into the employment contract. For the purpose of providing a legal basis for this contract, as well as, the relationship between employee and employer on the basis of this contract, the role of common law becomes quite vital (Kidner, 2014). Under the span of common law, the law of tort is liable for addressing issues such as liabilities of employers and responsibilities of employees in the UK.
Other crucial sources of employment law in the UK are statues. After the year 1970, there were many statutes, which are directed to protect the rights of employees. Some of the major examples of statues which can be considered as the sources of employment law of the country can be illustrated as below :
- Equal Pay Act 1970
- Health & Safety at Work etc Act 1974
- Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Tribunals Act 1996
- Employment Rights Act 1996
- Public Interest Disclosure Act 1998
- Data Protection Act 1998
- National Minimum Wage Act 1998
European law can also be considered as one of the major sources of employment law within the country. This law comes under the actions in the conditions when the domestic laws of the UK are not able to address the issues of the case conditions fall under the territory of the EC treaties. In the case in which, one party belongs to the European Union; the decision of the case directly comes under the territory of European courts.
Institutions and enforcement systems for individual employment rights
As per the conditions of the case, it is the legal and contractual right of the plumber to get an adequate amount of remedy or compensations for his injury.
Employment institutions where the trial can be held for the individual:
As per the employment law and its related structure prevailing in the UK, the employee can take action against the contractor in Employment tribunals. This institution is an effective avenue for the employee to register his case as this the first milestone for the hierarchy of court and legal system. All the individual employment rights related cases are held within in employment tribunals of the country. It is an efficient place, as the employee can also appeal against the decisions made by such tribunals in Employment Appeal Tribunal (EAT) (Turner, 2013).
Court of Appeal and the Supreme Court
Further appeals can be registered at the Court of Appeal and the Supreme Court. However for this purpose, there is a need of having permission of EAT.
Contractual Relationship between Two Companies
Employment is an agreement between an employer and an employee which bond them in an employment contractual relationship. In a contractual relationship, there are considered several processes and practices. For employees, it is the duty of an employer for having contractual relationships to provide the appropriate and required training. In the contractual relationship, the employer holds certain obligations under the Employment Relations Act that the employer has to meet. For instance in the first case, John was provided proper training by A/C company to help him accomplish his duties, while in the other case, BBM company does not meet the obligations defined under the employment contract.
The Employment Relations Act in this relations governs that the first company named A/C has not met the contractual relationship in a good manner with John, while BBM company does not following the guidelines of this act and hence violating it and not securing its employment relationship in legal premise (Constantinos Parissis, 2000). The contractual relationship of both the companies is different in nature as one is fully abide with the legal for maintaining the contractual relationship, while the other company does not abide with them and hence maintain no contractual relationship with employees.
‘Contract of Service’ and ‘Contract for Service’
There are two forms of employment relationships that are the employee and the contractor
- Contract for services: A contract for service is a statement where a person is involved as an independent contractor such as a freelancer that is carrying out a project or a self-employed person. Other than this, a contract of service is a statement where a person accepts to employ another person as an employee for minimum wages.
- Contract of services: Contract of service has a scope when a person serves as an employee to another person or the employer. The employer can control the work and direct the employee. When a person is hired as an employee he enters into a contract of service. The contract of service has a scope when a person is self-employed. Here the person is free to choose the means of performing the contract (Nwasike, and Osei, 2011). Both of these contracts are a part of the employment contract. An employment contract is an agreement between employer and employee and is the basis of employment relationship.
Evaluation of the Effectiveness of the European Union Legislation on the Employment Relationship
After being a member of the European Union in 1973, Britain has to make some significant changes in its overall legal status. In regard to this, there are several crucial acts and legal obligations that have been added within the legal infrastructure.
For example, The Working Time Regulations 1998, The Equality Act 2010, The Agency Workers Regulations 2010, The Part-Time Employees (Prevention of Less Favourable Treatment) Regulations 2000, Equal Pay – rights under The Equality Act 2010, Health and Safety Act, TUPE (Transfer of Undertakings (Protection of Employment) regulations 2006, and Collective Redundancy Consultation in the Trade Union and Labour Relations Act 1992 have been introduced after the inclusion of Britain in the European Union (Foster, 2014).
These all the crucial European Union legislation can be considered quite crucial in making the employment relationship within the country more effective and positive. These all the legislation has directed all the activities undertaken by employers within the country towards making the relationship stronger with employees. In this regard, the employment relationships within the country have also become quite systematic and regulated. Now, the laws and legislation have changed policy directions for the organization in order to remove all the critical issues related to employee relations within the country.
Compare and Contrast the Reasons and Methods of Terminating Employment Contract
A contract between employee and employer can be terminated due to several crucial reasons. In different situations, the reasons and methods of the termination of the employment contract can differ from the other one.
|Gross Misconduct||Cession of work or business relocation||Constantly degradation by the employer|
|In the case of gross misconduct, the employee will be on the faulty side. In this case, if the employee found indulged with any kind of misconduct such as theft or fraud, Sexual harassment, Violent behavior, and Criminal activity, the employer can terminate the employment contract on the spot without placing any notice. In the case of employee misconduct, the employers do not have any liability to provide any legal justification to the employee for this termination (Small Business.co.Uk, 2014).||In the case of cession of work or business relocation, there is no fault from the side of the employee. In this case, the employer needs to give legal notice with the proper legal justification of termination. Along with this the employer also needs to provide any financial remedies and compensation for the losses borne by the employee due to the termination of the contract. In this case the prime reason behind the termination is from the side of the employer as due to the cessation of the work or relocation of the business, it is not able to hire the employee. In the case of not providing compensation, the employee can take the assistance of employment law and go to the employment tribunals in order to have their right (Estreicher, 2010).||In the other scenario, in which the employee is subjected to be degraded by employer constantly and having undermining behavior with him, he or she can resign from the job without giving any prior notice to the employer. The employee can sue the employer for terminating the employment contract on the ground of discrimination acts of employment law. In this regard, the prime reason behind the termination of the contract is the misconduct or misbehaves of the employer, which can be dealt with by the court under the employment act. In this case, the court provides judgment in the favor of the employee (Hor and Keats, 2009).|
In this case, Amina has applied for bus driver; however, her employment was canceled Rockman Bus Company on the ground that she is a women and bus driving is the core job of men. In this regard, although Amina pursue all the necessary qualifications and abilities to be a good bus driver, yet she was refused only on the basis of her womanhood and orthodox mentality of the company. Amina can challenge this refusal on the grounds of the provisions mentioned under the sex discrimination act 1975.
The act completely prohibits any gender reassignment and discrimination in employment opportunities on the basis of the gender of the applicant. The Sex discrimination act 1975 provides the opportunity Amina to make claims against the company in employment tribunals (sergeant, 2013). Amina can register the case within three month of the incidents. In this case the tribunal can ask the company to provide written explanation regarding the case and the company’s stand over this issue. After having successful uphold of the claim, Amina can have award of compensation from the side of the company for ‘Injury of feeling’ faced by Amina.
In this way, it can be reflected that law on discrimination can directly affect the human resource management regimes followed within the business organizations. The legal provisions available in the country are directed to make the practices of the companies non discriminated and effective.
The employment law of the UK is having quite specific and effective directives on gender and other types of discrimination within an organization. The legal orientation of the country regarding the discriminatory behavior of business organizations is also quite enhancing and incrementing up to a significant level. This phenomenon can be directly linked up with the human resource practices of business organizations in existing time period. The law related to discrimination has become quite strict which has guided the organizations to realigned practices related to recruitment and selection, employee performance evaluation and appraisal, employee retention policies and grievance handling measures adopted by the organization (Estreicher, 2010.).
In regard to this, it is also quite essential for the management of the organization to have keen watch over it human resource management practices for the purpose of being ensured that any kind of discrimination within the organizational practices is avoided in the most efficient and effective manner. The development in the employee law perspectives against discrimination within the organization is directly and positively correlated with the human resource management practices as with the development of the law, the human resource management practices of the companies have also became quite refined and transparent so that it can be aligned with legal requirements (sergeant, 2013).
Comparison of the Best practices in employment relationship on discrimination and human resource management practices
|Best practices in employment relationship on discrimination||Human Resource Management Practices|
|1. Best practices related to discrimination legislation also included prohibition of discrimination with the employees on the grounds of their religion and beliefs. The law has established a separate commission for governing the matters related to racial equality and disability (Hedley, 2006).||1. In comparison to this, the prime aspects of the human resource management practices are directed to identification of talent among employees and selecting the most efficient talent within the organization|
|2. Best practices in employment relationship on discrimination also indicated the implication of The Equal Pay Act 1970. This act also has the key principle that all the employees can claim having equal pay for the same job which is offered to the employee of opposite sex (Hedley, 2006).||2. In contrast to this, the human resource management practices are directed to oppose this equal pay regime. As per the HRM practices, there should not be equal pay within the organization rather the pay should be based on the performance level of the employee (Hedley, 2006).|
|3. The best practices in employment relationship on discrimination states that none of the employee should be discriminated by the employers on the grounds of gender, race and age. The Disability Discrimination Act 1995 also provides a clear specification that the employer is an organization is libel legally to make reasonable adjustment for having accommodation of the employee’s disability. The employer can even also not discriminate employees on sexual orientation while giving them employment for full time or part time.||3. In comparison to this, the company’s HRM practices are also directed to ensure the equal and effective opportunity to each and every employees within the organization.|
Evaluation of the Health and Safety Practices in Tesco
In the UK, all the business organisations require to follow health and safety practices in the premise of the UK employment law. These practices are also followed in the UK retail sector, in which Tesco Plc has a great place. The company is well recognised for its health and safety practices in the entire industry. With the evaluation of the key health and safety practices of Tesco and its current status, it has been reviewed that Tesco ensures the management of health and safety and welfare of the employees to a good level. The company has made significant arrangements for safety of its employees and has developed a specific health and safety policy for the same purpose.
In the health and safety policy, the company has key practices including keeping the workplace clean and tidy in order to avoid any kind of infection and accidents. It has a key focus on equipment safety and specific instructions are provided for their use. It is evident in the question that Andrew met with an accident while working as a butcher for David due to the mishandling of the machine. The employees are not allowed to interfere in the electrical equipment and only trained and expert mechanical people are allowed to have authorized used of these equipments (Dransfield, 2005). Any kind of acts that can cause injury are prohibited at the workplace of Tesco. The company provides proper learning to do jobs with safety by the employees.
The company has also developed a well organized and efficient reporting system as per which all the employees can report for any kind of safety-related issues to the immediate managers on an instant basis. The company also keeps the records of all the accidents and injuries held during the work process in order to investigate their reasons and update them in the Accident Report Book (Dransfield, 2005). All these facts and their evaluation related to the health and safety policy of the company depicts that it has a good concern with the health aspects of its employees and follow good practices to protect them from any kind of life-threatening issue.
The company also runs the safety awareness programs and have regulation safety communication with the employees at its stores. This has been evident that the company initiated a contest in Poland in 2010/11 where it had good degree of engagement with the employees to make improvements in the standards of the safety and hygienic aspects of employees. The company has even won safety awards for the same act.
Impact of Human Rights Provisions on Employment Contractual Relationship
The human rights provisions have direct impact on the employment contractual relationship. There has been developed a single commission for equality as well as human rights. The Human Rights Act 1998 in relation to contractual relationship states that in order to relinquish the trade union rights of employees that European Court of Human Rights offer financial inducement to employees for securing their contractual relationship with the employees. The employees have the rights to take part in the activities of the trade union when the employer recognises the trade union (Kibling and Lewis, 2000). On the basis of their membership and non-membership, the employees can have protection from dismissal and action short of dismissal.
The Human Rights Act also secures the privacy rights of the employees and secures their membership in the trade union. This discussion reflects that human rights provision that are defined under the Human Rights Act have good impact on the employment contractual relationship and the same practices are evident in the real world organisations of the present date where the employers are abide with this act while making contractual relationship with the employees. This law is equally applied on all the UK based organizations.
Evaluation of Application of Data Protection Principles and Right of Data-Subject in Pride & Co Company
In relation to Pride & Company’s case related to disclosure of personal information of an employee David to other parties, the data protection principles and their application specifies that employers have to keep abidance with the Data Protection Act 1998 and thus need to have compliance with the certain principles to process the personal data of employees (Kibling and Lewis, 2000). With the application of this law, the employer has a prohibition to disclose the personal information of any employee without taking his consent. This is legal obligation under the contract of employment that was violated by Pride & Co Company that was a kind of legal issue in the eye of the UK employment law.
The principles of the Data Protection requires that an employer must ensure that personal data hold by the company should be accurate, secured and processed for certain specific purpose. In context to right of data subject there are three conditions only in that the employer has right to disclose the information to other parties including the employer or the person who is involved within the conduct, the legal adviser of the individual for taking legal advice on an issue and the listed public bodies in the Order 1999 of the Public Interest Disclosure and same is applied in the case of Pride & Co company, but there was not of the person from this category to whom the data of David was disclosed.
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- Kibling, T. and Lewis, T. 2000. Employment Law: An Adviser’s Handbook. 4th ed. Legal Action Group.
- Kidner, R. 2014. Blackstone’s Statutes on Employment Law 2014-2015. Oxford University Press.
- Nwasike, J.N., and Osei, P.D. 2011. The Contract System of Employment for Senior Government Officials: Experiences from the Caribbean Managing the public service strategies for improvement series. UK: Commonwealth Secretariat.
- Sergeant, M. 2013. Discrimination and the Law. Routledge.
- Small Business.co.Uk. 2014. How to dismiss an employee for gross misconduct. [Online].Available at: http://www.smallbusiness.co.uk/running-a-business/legal-advice/2460257/how-to-dismiss-an-employee-for-gross-misconduct.thtml [Accessed on: 28th May 2015].
- Turner, C. 2013. Unlocking Employment Law. Routledge.
On the basis of the above facts and findings and case analysis done in relation to employment relationship, it has been evaluated the employment relationship legislation of the UK provides a strong base for dealing the case issues related to employment law. The report has provided a clear rationale for different case issues related to employment relationship and contractual agreement. This has been evident on the basis of the case evaluations and conceptual aspects that in the UK, the law deals with the cases of employment law with the implication of health and safety related regulations and discrimination and equality matters. The UK employment law also provides a clear description of the sources of employment relationship and provisions for employee termination. In this way, the employment law provides a good understanding of the employment relationship and its related cases.