-75%
Solution
AC 1.1 Email 1
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, 2024).
These regulations are very helpful in the NHS Trust context to maintain a safe and respectful environment in such complex and high-pressure settings where workers rights and workers safety are at top of the priorities. For example, compliance with Health and Safety at Work Act 1974 ensures that all NHS staff are working in safe environment with less health risks. Job security is also promoted by employment regulation, such as provisions against unfair dismissal as provided for by the Employment Rights Act 1996 (CIPD, 2020). However, although employment regulation safeguards employees, this can cause difficulties for employer. Stringent rules will restrict managerial discretion and make it difficult to respond quickly to the needs of the work force (Acas, 2023). For example, it may be difficult to effectively address underperformance when strict dismissal regulations apply, which can reduce efficiency. Overall, preventing the unfair and unjust treatment of employees in the workplace will not only safeguard NHS’ 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.
One of the key objectives of the NHS Trust is to ensure workplace safety, especially in healthcare settings, where workplace safety is particularly important. The Trust is required to ensure that staff are in a safe work environment, under the Health and Safety at Work Act 1974, which involves providing training, equipment and measures to prevent staff from any harm. Another objective of employment regulation is to prevent discrimination and promote equal opportunities as per the Equality Act 2010 (CIPD, 2024). This regulation helps prevent discrimination on the basis of gender, race, or disability, by ensuring that hiring, promotion, and day-to-day practices are fair and inclusive. However, employment regulation can also add financial and administrative burdens on organisations. This is as a result of the legal guidance, HR support, and employee training program required to comply with the laws (CIPD, 2020). Overall, the achievement of these objectives enhances staff morale and reduces staff turnover, while fostering the Trust’s reputation as a fair employer in terms of its legal obligations.
AC 1.2 Email 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 NHS Trust, 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, 2024). Through ADR, NHS Trust 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, 2023). 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 NHS Trust 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 NHS Trust as it is a way of ensuring that compliance is being met, risks are being minimised and that its reputation is protected.
Status of ECJ Judgements Post-Brexit
Prior to Brexit, UK courts were bound by ECJ rulings that determine the employment law interpretation. Under the European Communities Act 1972 the UK courts had to follow the decisions of the ECJ covered by EU law. It had a significant impact on UK employment rights, for instance working time regulations, equal pay, and discrimination protection (Mars, 2020). For example, ECJ ruling in Robinson-Steele v RD Retail Services Ltd clarified that holiday pay in relation to Working Time Directive would encompass normal earnings (Thompson, 2017). However, since Brexit, these rulings are no longer bound by the ECJ as UK courts are no more under its jurisdiction.
Do These Remain Good Law?
Post Brexit, ECJ rulings remain good law in the UK. According to the European Union (Withdrawal) Act 2018, EU derived laws and ECJ decisions in operation prior to Brexit were retained as retained EU law (Legislation.gov.uk, 2022). This means that, unless overturned or amended by UK courts or Parliament, they continue to apply. For example, ECJ cases are still relevant for determining NHS Trust employment policies on annual leave and working hours. Nevertheless, some EU principles may simply be reinterpreted or amended as UK law develops (Thompson, 2017). As a result, there is potential uncertainty, particularly in areas such as employment rights, where these new legislative changes in the UK could slowly drift away from ECJ precedent.
Are They Still Binding on the UK Courts or Can they be Disregarded?
However, post-Brexit ECJ rulings are still influential but not automatically binding. Higher courts in the Supreme Court and the Court of Appeal can now depart from these decisions where appropriate, but lower courts must continue to apply them, unless a higher UK court decides otherwise (Thorneloe, 2023). This consequently enables a greater discretion to judges in developing employment law to UK specific requirements. For example, in the case of Harpur Trust v Brazel, the UK Supreme Court upheld EU established holiday pay calculations for part time workers (Shelley , 2023). Nevertheless, this could be overridden by a future UK legislative change, which mirrors the UK’s power to depart from past ECJ interpretation when necessary. Overall, UK courts cannot simply disregard pre-Brexit ECJ rulings, but they can choose to depart from them.
AC 2.1 Email 3
When to Stipulate Specific Gender for a Role…
Please click herein to access this project in full
