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Solution
Specialist Employment Law
Table of Contents
1.1 Aims and Objectives of Employment Regulation. 2
1.2 Role Played by the Tribunal System in Enforcing Employment Law.. 3
Role Played by the Court System in Enforcing Employment Law.. 3
1.3 How Cases are Settled Before Legal Procedures. 4
How Cases are Settled During Legal Procedures. 4
2.1 Risks of Appointing Young Men Only. 5
3.1 Risks Associated with the Approach. 6
4.1 Compliance with the National Minimum Wage. 8
Rights Related to Pay Statements 9
4.2 Legal Cause for Kit’s Complaint. 9
4.3 Coco’s Maternity Rights 10
Brief Overview of Paternity and Adoption Rights. 11
4.4 Risks of Charlotte and Madeleine’s Approach to Chelsea’s Request. 11
Task
1.1 Aims and Objectives of Employment Regulation
Aims
The primary aim of employment regulation is to create a productive and healthy working environment that work for both the employer and the employee. The UK employment laws such as the National Minimum Wage Act 1998 and the Equality Act 2010 work to prohibit unfair discriminations, support equality in the workplace, and ensure that workers receive adequate payment for their work (CIPD, 2024a). These laws protect the workers while at the same time giving the employers a clear way of managing their employees. For Peachy Desserts Ltd, employment regulation is important as the company expands the business and opens two new dessert parlours. The expansion creates the prospects for employment-related matters such as unfair dismissal, wage and salary differentials or alleged discrimination. Thus, following employment laws, the sisters can establish a legal framework that enhances employees’ confidence and minimises legal concerns (CIPD, 2020). Preventing the unfair and unjust treatment of employees in the workplace will not only safeguard the business’s image but will also enhance the employees’ morale and output.
Objectives
As stated by Willmott (2024), the objectives of employment regulation includes developing an effective relationship between employers and employees, ensuring safety, and preventing discrimination at the workplace. These objectives seek to increase employee participation, minimise disputes and increase organisational productivity. For Peachy Desserts Ltd, it is crucial to consider employment regulation objectives during the expansion phase of the business. For instance, establishing good communication between the managers and employees, paying reasonable wages, and promoting safety measures will be vital in creating an effective working culture. Complying with legislation like the Working Time Regulations 1998 and the Equality Act 2010 is necessary for the business to meet the different needs of its employees, retain them, and improve the company’s employer reputation (CIPD, 2024f). In addition, compliance with employment regulation objectives enables the effective implementation of the laws and the creation of a good working relationship between Peachy Desserts and its employees. This can result in higher employee morale and enhanced market position of the organisation.
1.2 Role Played by the Tribunal System in Enforcing Employment Law
Employment tribunals are very important in the implementation of employment laws as they offer a platform where employer and employee can validly make their complaints. They cover areas such as unfair dismissal, discrimination, breach of contract, and wage disputes (Suff, 2019). Tribunals are meant to give justice in a fast and affordable way and to allow employees to have justice where they cannot afford to go to higher courts. For Peachy Desserts Ltd, the tribunal system may be useful if employees have grievances, including unfair treatment like unequal remuneration or discrimination in accordance with the Equality Act 2010. The system makes sure that the cases are solved fairly therefore safeguarding both the employees and employers from unjustified claims. Tribunals also encourage ADR (alternative dispute resolution) approaches including conciliation through the ACAS (Advisory, Conciliation and Arbitration Service) to solve problems at the workplace before escalating the matters (CIPD, 2024b). Through ADR, Peachy Desserts Ltd will not need to go through lengthy tribunal hearings, thus avoiding costs and the tension that comes with it.
Role Played by the Court System in Enforcing Employment Law
The courts system works alongside the tribunal system in that it deals with more complicated or serious employment matters especially those which involve appeal or enforcement of a tribunal decision. These consist of tribunals like the Employment Appeal Tribunal (EAT), High Court and Supreme Court which have the responsibility of defining employment laws and making sure that they are well applied in various cases (CIPD, 2023c). They also help to remove uncertainty in certain aspects of the law and set out legal principles and rules that must be followed. For instance, an employee or Peachy Desserts Ltd may appeal to the EAT if they were dissatisfied with a tribunal decision. Courts also handle matters like enforcing monetary awards made by tribunals or legal matters that are beyond the scope of the tribunal like contractual matters. This involvement of the courts ensures that the rules of law on employment matters are observed and that employers are answerable to the law (Suff, 2018). Understanding these enforcement mechanisms is valuable for Peachy Desserts Ltd as it is a way of ensuring that compliance is being met, risks are being minimised and that its reputation is protected during the expansion period.
1.3 How Cases are Settled Before Legal Procedures
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