Solution
Table of Contents
1.1 Objectives of Employment Laws. 2
1.2 Role Played by The Tribunal and Courts System.. 3
1.3 How Cases Are Settled Before and During Formal Legal Procedures. 4
2.1 Principles of Discrimination Law.. 5
2.2 Legal Requirements of Equal Pay. 6
4.1 Statutory Rights Related to Pay. 8
Statutory Right 1 – National Living Wage. 8
Statutory Right 2 – Statutory Sick Pay. 8
3.1 Legal Implications of Managing Change. 8
3.2 Transfer of Undertakings. 10
4.2 Statutory Rights Related to Leave and working Time. 11
4.4 Employment Rights Related to Flexible Working. 12
The Right to Request Flexible Working. 12
4.3 Principle of Maternity, Pertanity, and Adoption. 13
Task: Written Guidance
1.1 Objectives of Employment Laws
One of the key aims of UK employment laws is to promote non-discrimination and equality in the workplace. For example, the Equality Act 2010 prohibits discrimination based on protected characteristics like age, disability, gender, race, religion or belief, and sexual orientation (ACAS, 2023). It aims to provide equal opportunity and treatment for all employees. This aim is hugely important to protect vulnerable groups and ensure equal opportunities. However, prejudice still exists and the Act faces challenges in changing mindsets and addressing discrimination that is not intentional. This is since in every organisation, there are the factors which drive their operations in their business environment successfully.
Secondly, employment laws aim to establish fair work conditions and support welfare. As an example, the average number of hours worked each week cannot exceed 48 per the Working Time Regulations of 1998 and entitles employees to 5.6 weeks of paid leave to support work-life balance (ACAS, 2023a). This helps reduce poverty and improves well-being. However, calculating living costs is challenging, and small businesses find it difficult to afford increases. Similarly, the Working Time Regulations 1998 capping weekly hours at 48 aims to improve work-life balance but its merits are debated amid concerns over flexibility and productivity. The legislation ensures that the employees have their stipulated hours of working.
Thirdly, UK laws aim to guarantee occupational health, safety, and well-being. For example, the Health and Safety at Work etc. Act 1974 places overall responsibility on employers to protect employees and non-employees from work-related risk of injury, ill-health, or disease (GOV.UK, 1974). It seeks to promote a harm-free work environment through risk assessments, safety protocols, and providing necessary protective equipment or clothing. However, compliance can be costly for companies. The Act also faces challenges in preventing all hazards due to unpredictable human/technical errors. Maintaining safety standards while supporting innovation requires careful consideration.
By outlining protections, standards, and security through this legislation. Act 1974, UK employment laws seek to balance the interests of both employers and employees.
Potential Development- Legislation in the UK will likely continue evolving to address modern challenges such as how to uphold employment standards and protections for emerging forms of flexible and remote working arrangements as technology disrupts traditional jobs and the world of work transforms in the coming years.
1.2 Role Played by The Tribunal and Courts System
Employment Tribunal – For individual disputes at ARL, the process would typically begin here. Tribunals are less formal than courts and allow both parties to present their case to an employment judge as evidenced by Nidirect (2019). For example, if an ARL employee believed they were subject to discrimination, they could submit a claim to the tribunal. After hearing arguments from each side, the tribunal judge will issue a verdict based on their findings.
Employment Appeal Tribunal (EAT)-This Court handles appeals on issues of law from employment tribunals if either party is unhappy with a tribunal’s ruling (Courts and Tribunals Judiciary, 2023). For instance, if ARL appealed an unfavourable tribunal discrimination ruling, arguing there was an error of law, the EAT would consider this appeal.
Court of Appeal – In certain instances, the Court of Appeal can hear appeals that have already been heard by the EAT on legal issues. Assuming the Employment Appeal Tribunal (EAT) affirmed the tribunal’s discriminatory ruling, ARL might ask the EAT for permission to appeal to the Court of Appeal if they felt a significant new legal issue had been brought up.
Supreme Court – In exceptional cases, a further appeal from the Court of Appeal may be granted on an important point of law affecting employment rights. For example, if a landmark case of widespread implications reached the Court of Appeal, a further appeal to the Supreme Court could potentially be allowed to settle the law nationally (Parliament UK, 2024).
This hierarchy of tribunals and courts provides a robust system for enforcing employment law, balancing access to justice for individuals with a process for rigorous legal challenge and clarification of legal standards.
Potential Development: Going forward, digitalisation may allow greater online dispute resolution through Employment Tribunals, avoiding the need for in-person hearings in many routine cases. This could improve access to remedy and speed of case timelines.
1.3 Case Settlements
There are often opportunities to resolve employment disputes before or during formal legal proceedings. Early resolution can benefit both employer and employee by avoiding protracted litigation. Initially, internal grievance procedures allow for addressing issues internally. The employer and employee discuss the issue, with option of mediation. For a termination, the employer must follow a fair dismissal process demonstrating reason for dismissal, opportunity for appeal.
The majority of claims are required by law to undergo Early Conciliation through the Advisory, Conciliation and Arbitration Service (ACAS) in the event that initial resolution fails. Here, an ACAS conciliator works with both sides to negotiate a settlement (ACAS, 2018). Settlements often involve financial compensation and confidentiality agreements in return for not pursuing the claim further. For claims awaiting tribunal hearing, approximately 70% are settled during a Pre-Hearing Review stage. Here, the tribunal judge evaluates the case and potential for settlement one final time before proceeding. Settlement agreements conclude the dispute on mutually agreed terms, avoiding a tribunal decision.
Settlement terms and withdrawal of claims must be formally recorded in settlement agreements to be legally binding. These confidential agreements specify financial and other terms and release the employer from liability. They require signature by both parties and their legal representatives. Exploring settlement allows addressing issues proportionately, balancing costs to both employer/employee of formal proceedings. ACAS early conciliation and pre-hearing reviews provide structure for facilitated resolution (ACAS, 2018).
If conciliation via ACAS is unsuccessful in resolving the dispute, the claimant can choose to proceed to an Employment Tribunal hearing. At the tribunal, both parties will present evidence before an impartial employment judge, who will review documentation and hear oral testimony to make a legally binding decision.
Should this formal process remain undesirable or costly for either party, Alternative Dispute Resolution (ADR) options offer alternatives (Cornell Law School, 2023). Both parties agree to follow the arbitrator’s final decision after reviewing the evidence in private arbitration, which is an alternative dispute resolution (ADR) process. Mediation also allows for a neutral third-party mediator to facilitate discussion and help find a mutually agreeable solution. ADR techniques aim to resolve matters cooperatively without legal proceedings. They provide structured alternatives if conciliation breaks down before a formal hearing. Overall, the multi-step system of internal resolution, ACAS early conciliation, and ADR options give employers and employees meaningful chances to settle issues outside an employment tribunal whenever practicable.
2.1 Principles of Discrimination Law
Principles of Discrimination
The principles of discrimination, as defined by the Equality Act 2010, are essential to ensure fairness and equal treatment. Here’s an explanation of each principle with a clear link to the Act:
Direct Discrimination- This occurs when someone is treated less favorably directly because of a protected characteristic. Under the Equality Act 2010, if an employer refuses to hire a qualified candidate because of their race, this is direct discrimination (ACAS, 2023).
Indirect Discrimination- This arises when a policy or practice, while applied equally to everyone, puts people with a particular protected characteristic at a disadvantage.
Example: According to the Act, a company policy requiring all employees to work late may inadvertently disadvantage women more, as they are more likely to have childcare responsibilities (Legislation.gov.uk, 2013).
Harassment: According to ACAS (2023), this involves unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. The Equality Act protects employees from derogatory comments about their disability that create a hostile work environment.
Victimisation-This occurs when someone is treated unfairly because they have made or supported a discrimination complaint. The Act makes it unlawful for an employer to deny a promotion to an employee because they have filed a grievance regarding racial discrimination (ACAS, 2023).
Features of the Equality Act
The Equality Act 2010 legally protects people from discrimination in the workplace and wider society. It replaced previous anti-discrimination laws with a single Act. The Act covers the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation as listed by Legislation.gov.uk (2013a). Under the Act employers and service providers are prohibited from discrimination, harassment, or victimisation because of one of the protected characteristics. The Act aims to promote a fair and more equal society by protecting individuals from unfair treatment.
Impacts of the Equality Act
The Equality Act 2010 significantly impacts recruitment, selection, and employment by ensuring non-discriminatory practices.
Recruitment: Employers must ensure job advertisements and descriptions are inclusive and non-biased. For example, stating “recent graduate” can be discriminatory against older candidates. Instead, employers should focus on skills and experience.
Selection: The selection process must be fair and objective. This involves using standardised interview questions and criteria to assess candidates. For instance, a company might use a scoring system based on skills and experience, avoiding biases related to age, gender, or race.
Employment: In employment, the Act mandates equal treatment in terms of pay, promotions, and working conditions (Legislation.gov.uk, 2013). For example, providing equal pay for men and women performing the same role, or making reasonable adjustments for employees with disabilities to ensure they can perform their job effectively.
2.2 Equal Pay Related Regulations
Features of the Equality Act 2010 about equal pay, gender pay gaps and pay reviews:
Equal Pay– The EA prohibits paying men and women differently where they are undertaking equal work as reported by Local.gov.uk (2023). Even if roles are not identical, pay is equal if the work is of equal value in terms of skill, decision-making, and other demands. An employee can claim if receiving less pay for equal work, allowing tribunals to award compensation.
Employers can defend against equal pay claims by showing pay differences are genuine because of a material factor unrelated to gender, such as performance, qualifications, or shortage of qualified staff. Regularly evaluating job descriptions and pay rates is advisable to mitigate risks.
Gender Pay Gap Reporting– Since 2017, larger private and voluntary organizations must calculate and publish gender pay gap metrics. This includes mean/median pay differences (%) and how representation varies between men and women in each quartile of pay (ILO, 2024). Publication increases transparency on inequalities, allowing organizations to put measures in place to close gaps over time.
Regularly reviewing gender pay and representation data to proactively identify and address underlying drivers of the gaps is best practice in closing them. With further promotion of shared parental leave, some studies suggest impacts on representation could narrow pay gaps further in future years.
Pay Reviews- Regular pay reviews are vital for organisations to consider pay equity, and benchmark rates and recognise performance fairly (Personio, 2023). The absence of bias in salary determination is demonstrated by the use of a mapping process that includes objective pay factors such as job duties, applicable skills, and performance reviews and bonuses. Consulting staff confidentially on satisfaction with rates can also provide insight to address issues early.
Regular objective pay benchmarking externally maintains rates are competitive and fair. Automating benchmarking and reviewing pay determinants digitally could help larger companies conduct more frequent, low-cost and consistent reviews in future, minimising exposure to equal pay claims through demonstrable fair processes.
Potential Development – following these EA requirements and best practices guides organisations to strengthen pay equity, close gender gaps proactively and robustly defend against equal pay claims through rigorously fair processes employers can evidence if needed.
4.1 Statutory Rights Related to Pay
Cabrelli (2022) defines Statutory rights as the minimum legal entitlements established by statute law.
Statutory Right 1 – National Living Wage
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