Specialist Employment Law CIPD 5SO01 Case Study

Specialist Employment Law CIPD 5SO01

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Task 1: Manager’s briefing paper

1.1. Analyze the purposes and goals of employment regulation

It has been seen in the case study that due to limited management experience the managers of ARL company face the issues of several employment cases and grievances. Corrections are required in the recruitment and selection process, including equal payment methods, working hours, and maternity leave. As per the view of Adams and Prassl (2018) the purpose of the “Employment right act 1996”, is to give employees and employers legal protection in their interactions with one another (Legislation, 2020). The first goals of employment law include social justice, which is built on equality and opportunity, is the distribution of differences in society. The second objective is social justice also relates to fairness and rights in the workplace. Thirdly, employment protection laws are intended to strike a balance between the demands of the job and the fair treatment of the employees who perform them.

Figure 1.1: Discrimination laws

As stated by Duff (2018), employee rights at work are derived from both the employee's employment contract and statutory rights. In this context, the managers of this company need to offer jobs to individuals after completing their decision-making process. On the other hand, the pay scale for all new staff must be the same and transparent to all employees, which will help the managers to reduce the rate of complaints. Implementation of employment regulation in this company will give them a sense of employee management strategies through fixing their working hours, flexible working choice, and providing maternity leave. This will not only improve the brand value of this company but also help them to be protective against legal claims.

1.2. Analyse the role that the court and tribunal systems play in enforcing employment law

As dispute among employers and employees are not considered criminal acts and it does not go to Criminal Court or crown court, it is resolved in the civil courts. As opined by Byrne et al. (2020), employment-related civil actions will start in the "County Court". Once more, the "High Court and Court of Appeal" will hear appeals, though in other divisions of those courts.

Figure 1.2: The UK's court system's organisation

The Court of Appeal, however, also accepts appeals of decisions made by the "Employment Appeals Tribunal" and different chambers of the Upper Tribunal. "The tribunal system" has its own structure for managing cases and appeals, according to Beatty et al. (2019). In order to guarantee that issues brought before them are handled in a fair and uniform manner, it is the responsibility of the tribunal and court systems to uphold employment law. It is also a duty of delivering a result that is in line with the facts presented to them. Both the employer's and the employee's submitted evidence must be taken into account. This is indicating that the managers of ARL always need to prepare proper documentation with evidence for all employees to prevent them from any legal sue.

As per the view of Erickson et al. (2021) in most cases, it is the employer's responsibility to demonstrate that the issue was handled properly, taking into consideration internal policies and that no applicable employment laws connected to the employee and their circumstances were broken. Thus, the managers of ARL need to foster effective communication with the employees who complain against any discrimination and their policies must be incorporated with the Uk employment laws. The majority of employment law in the UK is regarded as civil or private law and is only enforced when one party sues another. Typically, recompense is the main result desired. Cases are typically brought before the court by a former or current employee or a failed job applicant who uses the legal system to claim that their employer has somehow harmed them and has done so in violation of the law.

1.3. Explain the settlement of disputes both before and during formal legal processes

Settlement before the legal process

During any disagreement between the management of ARL and the employees, a third party can assist them in resolving it. They can accomplish this mostly by:

Mediation: According to Skinner et al. (2021), a neutral, objective third party mediates conflicts between employees and managers in an effort to find a solution. When informal negotiations have failed to yield a resolution, it is frequently used. Since mediation is elective, neither the employee nor the employer may be forced to accept a result (Ndirect, 2020). On how to settle the dispute, both the employee and the employer must concur. Mediation should not be used to resolve problems like discrimination or harassment that need to be officially investigated.

Conciliation: Conciliation is frequently used in situations where: Employees believe they may be eligible to pursue a complaint with a tribunal for dismissal (Dawson and Golijani-Moghaddam, 2020)

1. Employees have previously brought a claim before an employment tribunal (Acas, 2022).
2. Conciliation is a voluntary process that requires the approval of both the employee and the employer.

Arbitration: According to Davillas and Jones (2020), arbitration allows a third party to conclusively decide on a dispute after carefully examining all pertinent circumstances. Employees and employers must both consent to binding arbitration. If they disagree, workers can always go to an arbitration hearing (Acas, 2020).

Settlement during the legal process

Compromise agreements: According to Kwon and Farndale (2020), settlement agreements, also known as compromise agreements, are legally enforceable contracts used to terminate employment on mutually acceptable conditions. In exchange for a payment, the employee makes legally binding undertakings not to sue the employer (Cipd, 2020). However, if an employment tribunal claim or potential claim is settled before an ET1 form is filed, the terms of the settlement are recorded in a COT3. What the employee and employer have agreed upon will be reflected in the COT3 agreement's terms (Working families, 2021).

Thus, it can be stated that settling disputes without legal action is profitable for both employees and employers as it can save costs for both parties. Thus, if any opportunity for settlement before the legal process is available for ARL, the managers must seek them appropriately.

Task 2: Managers Toolkit

2.1. Analyse the fundamentals of discrimination law in hiring, hiring practices, and employment

According to the Equality act, of 2010, because of one of the "protected qualities," it is illegal for employers to discriminate against job seekers and current employees' age, disability, gender identity or expression, race, religion or philosophy, sex, sexual orientation, marital status, and civil status (Legislation, 2020). The discrimination against in eligible employees who works under the office of state. Any kinds of ground relations like race, sex, decent, cast and religion or the place of birth must not be discriminated according to the law.

The fundamentals of discrimination in hiring are:

The discrimination of disability and racial bias. While hiring it can be identified that there are many organizations who makes unfair hiring which are based on persons place of origin religion the colour of person age or genetics and sexual orientation (Barnes and Harriss, 2018). Because of days orientations it constitutes discrimination among the society of all the areas which comes under racism.

Hiring practices and Employment refers to the process of finding, selecting an employee and then hiring that certain employee for the organization. The main key segments of hiring practice are planning, employee selection and recruitment. The practice of hiring has few segments which are monetary job posting performance many of the employees usually search up on the Wikipedia or Google for any open positions and they do not get any great results its essential for the recruiters to follow the Optimization engine they have to search engine marketing and the employee have to ensure whether the posting of their job is accurate or not (Braga et al. 2019). Make the job more attractive it has been identified that plenty of the candidates see the post of the employment but did not apply for the job which is difficult enough to view the top talent of those candidate so they have to make the job fleshier so the candidate have a great impression for the job so that they could try to apply for the job. Don't blow the interview it can be observed that the candidates who seek job are being wetted during the interviews. Whereas the top candidates use the interview like an opportunity for them and ask those few questions so they had a great impact on the interviewer.

2.2. Discuss the rules governing equal pay

In the case of “Macken v BNP Paribas London Branch [2021] 10 WLUK 640," it has been seen that gender-based payment discrimination lewd the bank to pay a compensation of £2 million to the female employee (Esper, 2020). The act which provides to get an equal wages or payment for the same work to the male and female worker for identifying that there is no discrimination making against the female employees. That's why all the employees get training promotions and transfers et cetera. The government wants the employees to know that all the workers have the right to get paid equally for their work. It can be identified that equal payment is an essential element for the society as each and everyone's deserves to get paid equally and raise their voice if they don't get paid for a right amount (Braga et al. 2021). The organizations must take the responsibility to ensure for the workers to be provided at a same resource and they feel secure.

The importance which was observed in the society was a state forward way to ensure while reducing all the barriers for the entrepreneur women. Reducing all the differences between the gender as female start up rates productivity companies’ viability and the awareness which has been raised for the pay gap. The aim of the equal pay is that the remuneration between women and men workers by preventing all the gender inequality in the matters of employment opportunities and employment. Few examples which can be identified after the act of equal pay are:

Over time pay, Life Insurance, cleaning or gasoline allowance, reimbursement for the travel expenses, bonuses, salary, vacation and holiday pay, Hotel accommodations and the benefits (Çi?dem, 2022). It has been clearly identified that after the act of equal pay the entrepreneurship has been increasing exponentially within the country and it’s great for the organizations as they have fresh minds who has very unique ideas that may help the company and enhance themselves in all the aspects. The equal pay affected the country with experience Singh lower earning for women and higher poverty rate than men.

2.3. Describe the main legal protections for workers' pay

The legal protections for a worker’s pay has the law for the employee if they are not receiving their wages as per the agreement then they can be in touch with commissioner of labour or can file a civil suit for the salary arrears. The act that protects their workers’ pay are a fair remuneration for the employees the payment wages act the mandate's timely and the equal remuneration act through this it can be identified that the workers payment has been legally protected thoroughly (Croitoru et al. 2022). The employees get workplace safety which occupies the health and safety of the employee who suffer from any health issues. The employees get social security with this the employees gets provided after their retirement with an average amount so that they could be independent. Whistle blower protection they are often build over the legalization for the govern industry which helps the employee who fear for their job loss or any other problems that the face. Employment based discrimination which was identified in the organization but it’s now water washed through the Social Justice in the civil acts. Minimum wages it ensures the workers to receive a minimum amount for their work so that they could help their family and be happy and afford all the things they want. Health coverage act it promises the health insurance for the employee’s workers. The employees who shared there half of the responsible payment for the company, they have been offered a minimum level of Health Insurance. Family leave is a result that the employees get many paid lives for the employees to be with their family and if they have any personal issues, they may take few weeks. And all the employees will be getting their salaries at the accurate time in the end of their month. Employee can hire a legal lawyer if they do not get paid.

2.4. Examine the ramifications of managing change legally

The ramifications of managing changes legally are the cost level and the risk of Miss managed changes the budget overalls missed milestones loss of work by project team rework required on the design project delays may be the cost that can be identified while managing the change if they are handled poorly the risk which can be identified are appearance of an expected obstacles failure project which cannot deliver any results no resource available resistance abundance of the project in the end the hold of the project (Donald et al. 2018). It can be identified the ramification of Managing changes can be bad severely for the organization or the legal authority. If the changes are not managed effectively or in a legal way there maybe conflicts affecting the self-worth in the people the value of their businesses and resentment for their roles. The lack of clarity can be found the unawareness in the state the undesired for the future state their unclear visions. Strategic short coming detailed strategy serves the organization or the legal authorities with a helpful guide which effects the Change management.

Lack of organization buy in the management who has essentials of legitimacy for the legal authority to complete their job without any fail by taking a great initiative. Lack of governance for a transformational change the legal authorities must have a clear side for the government to manage those changes at a macro and a micro level. In effective change communication the communication for managing changes place a vital role that the numbers decline there mid and front liner supervisors instead of announcing any unrespecting employee’s adjustment the legal authorities should try to focus on their communication strategies (Ferreira et al. 2021). Changing of resistance in culture the process for the legal authority to invest in the employee to make them fill comfortable while creating a great place for them in the organization the issues of cultural or any internal politics and personal agenda Or Poor behaviour control it contributes to change resistance in the culture.

2.5. Describe the legal prerequisites for the transfer of enterprises

The transfer agreement between the business which list down the capital, contracts, leases, liabilities, assets, customer, lists, new employment rights, tax issues, employee insurance, inventory, patents and the copyrights. These assets must be transferred as a part of business with a going concerned. A transfer of business is a legal document which has the interest party who are willing to acquire the engagement or relationship. The document has the structure which affect the extensive cells and assets in a comprehensive way without any liabilities which flows from one entity has an appropriate and clear details regarding the sales of the business liabilities which are mentioned in the agreement and its assets. The corporate governance has a complex field which involves liabilities tax it has an essential extremely with her structure business that transverse the comprehensive agreements. The included in a transfer business agreement are intellectual property and related manners customers, capitals, loans, employees and the insurance as well (Gladka et al. 2022).

The rules that governing the transfer of security a person can base their property to one or more person is mentioned in the Act accordingly. The rules that are provided for transferring of Enterprises are that there is a unconditional contract to sell the specific Enterprise that can be passed on to other individuals the property the contain the contract should be agreed upon that basis. For transferring the legal documents which are required are photos of buyer and the seller their National identities for both the parties and the original deed of that enterprise of the Sailor that shows that this enterprise belong to the seller (Gold et al. 2021). The purchaser and a seller should sign the transfer document, the seller should appoint the transfer attorney, the purchaser pays the transfer fee to the Attorney, and the offer to purchase must be signed by both the seller and the buyer.

2.6. Describe the main statutory entitlements for time off and paid leave

Nearly all UK employees are entitled to 28 days of paid vacation leave or 5.6 weeks off. Included in this are employees of agencies, individuals on zero-hour contracts, those with irregular hours, and others. This qualifies as an annual leave entitlement or statutory leave entitlement under the law (Factorialhr, 2021). In the UK, an employee has a right to a weekly day off, a daily rest period of 11 hours, a period of rest while employment if the day of workingis more than six hours and an annual right to 28 days of paid vacation for full-time employees. From this legislation, it has been cleared that in ARL the working time of a biologist is against the Working Time Regulations 1998.

As per the view of Kwon and Farndale (2020), proper rest must be given to each biologist during working hours as their working hours exceed six hours of work. Moreover, they must be provided with 28 days off a year. This also clearly indicates that the working situations of the biologists are against the health and safety act, of 1974 in the UK (Health and safety executive, 2020). According to his act, it is the responsibility of the employers to take care of the health of their employees regardless of the working place. As this working condition can not only harm the physical condition of the biologists but also their mental condition, they can take legal action based on this act. Furthermore, if a worker works shifts and is unable to take daily or weekly rest periods between finishing one shift and beginning another, they may be entitled to compensatory rest (Gov.UK, 2020).

In this context, a risk assessment plan can be organized by the senior director of this company to detect the health and safety needs of every employee. As stated by Davillas and Jones (2020), an appropriate employment contract between employers and the employee must be developed which must mention the designation, roles, and responsibilities properly. The working hours must also be mentioned in the contract. This can be effective for both employers and employees to legally bind to their work.

2.7. Describe additional workplace rights that pertain to flexible working

As opined by Dawson and Golijani-Moghaddam (2020), employees in the UK have the legal right to seek flexible working hours if they have been an employee for an employer for at least 26 weeks, and they have not requested flexible work in the past 12 months. As per the case study, the ARL company recruited 15 expert biologists who have very little knowledge about employee management and employment legislation. Thus, this company must take an appropriate approach to recruiting particular employees for particular positions. In this way, the burden on the biologists can be reduced and the rate of complaints from the newly employed staff can also be reduced (Gov.UK, 2020). On the other hand, it has also been seen that this company was unable to provide working facilities to their employees for a lack of understanding. In order to mitigate this issue employers are required to respond to inquiries in a "reasonable way."

Examples of how to respond to requests in an acceptable way are as follows:

• weighing the application's benefits and drawbacks
• arranging a meeting with the employee to discuss the request and providing an appeals process

However, an application may be turned down by an employer for any of the following reasons which should be mentioned in the reflection of the application.

• Additional expenses that will harm ARL
• Because other employees cannot be hired to complete the task, it cannot be reorganised, flexible working will compromise quality and performance (Skinner et al. 2021).
• Because there is not enough work to go around during the suggested working hours, the company won't be able to keep up with client demand.
• The company intends to adjust its employees.

2.8. Maternity, paternity, and adoption rights explained in relation to employment rights

Any pregnant woman can take up to 56-week maternity leave and the Equality Act of 2010 forbids discrimination based on pregnancy and maternity, including adjustments to benefits or other conditions. According to Erickson et al. (2021), those women can also seek alternative tasks where the risks for expected harm to the mother and baby are absent. On the other hand, if an employer is unable to provide alternative working conditions to pregnant employees, they must be paid the full amount.

Figure 2.8: Maternity leaves benefit in Equality act

As per the view of Beatty et al. (2019), when a paternity leave request is approved, the employee is free to return to their prior employment and resume their prior conditions and terms without facing discrimination, unfair treatment, or termination. Due to the availability of up to 52 weeks of adoption leave, the UK's "statutory maternity leave" may have been broadly linked with the statutory leave and pay for adoption from April 2015. 26 weeks of continuous employment are needed to meet the qualifying service requirements for "Statutory Adoption Pay (SAP)", which is given out for 39 weeks.

In the case of “Shipp v CitySprint UK Limited”, it has been seen that the company was directed to pay a high compensation amount to discriminate against the pregnant woman due to her maternity leave (Bdbf, 2020). However, if the company refuses to let an employee return to work after maternity leave or offers a new job without a good cause, it is an unjust termination and pregnancy discrimination. Moreover, if the job is still available, such as if it has been offered to someone else, they cannot offer that employee a different one. In the case of the marketing manager in the ARL company, it has been seen that the designation was found to be redundant and none in that position was appointed in that company. Thus, the claim of the marketing manager regarding the discrimination during the maternity leave was not valid according to “The Maternity and Parental Leave, etc. Regulations 1999" (Maternity action, 2021). Furthermore, in order to avoid the risk of arising these claims in the future, proper communication between the employees and management needs to be done which will allow the managers to convey the information regarding redundancies in the workplace.

References

Acas. (2020). Our role. https://www.acas.org.uk/about-us/what-we-do#:~:text=Acas%20is%20an%20independent%20public,best%20practice%20and%20policies [Accessed on 7^th November 2022]

Acas. (2022). Early conciliation. https://www.acas.org.uk/early-conciliation/how-early-conciliation-works

Adams, A. and Prassl, J., 2018.Zero-hours work in the United Kingdom. International Labour Office, Inclusive Labour Markets, Labour Relations and Working Conditions Branch.

Barnes, S. and Harriss, A. 2018, "Role of OH following type 2 diabetes diagnosis",Occupational Health and Wellbeing,vol. 70, no. 9, pp. 24-27.

Bdbf. (2020). Senior executive exited in “sham” redundancy was victim of pregnancy and maternity discrimination. https://www.bdbf.co.uk/senior-executive-exited-in-sham-redundancy-was-victim-of-pregnancy-and-maternity-discrimination/#:~:text=In%20the%20recent%20case%20of,of%20maternity%2Fpregnancy%20and%20sex [Accessed on 7^th November 2022]

Beatty, J.E., Baldridge, D.C., Boehm, S.A., Kulkarni, M. and Colella, A.J., 2019. On the treatment of persons with disabilities in organizations: A review and research agenda.Human Resource Management,58(2), pp.119-137.

Braga, B.M., de Camargo Oliva, E., Edson Keyso de, M.K., McKenna, S., Richardson, J. and Wales, T. 2019, "An Institutional Approach to Ethical Human Resource Management Practice: Comparing Brazil, Colombia and the UK: JBE",Journal of Business Ethics,, pp. 1-20.

Braga, B.M., de Camargo, O.E., de Miranda Kubo, E.K., McKenna, S., Richardson, J. and Wales, T. 2021, "An Institutional Approach to Ethical Human Resource Management Practice: Comparing Brazil, Colombia and the UK: JBE",Journal of Business Ethics,vol. 169, no. 1, pp. 57-76.

Byrne, B., Alexander, C., Khan, O., Nazroo, J. and Shankley, W., 2020.Ethnicity, Race and Inequality in the UK: State of the Nation(p. 316).

Çi?dem, S. 2022, "Motivation of Freelance Employees in the Gig Economy in Turkey",Ege Akademik Bakis,vol. 22, no. 4, pp. 503-520.

Cipd. (2020). https://www.cipd.co.uk/knowledge/fundamentals/emp-law/dismissal/settlement-compromise-agreements-questions

Croitoru, G., Florea, N.V., Constantin, A.I., Robescu, V.O., Paschia, L., Uzlau, M.C. and Manea, M.D. 2022, "Diversity in the Workplace for Sustainable Company Development",Sustainability,vol. 14, no. 11, pp. 6728.

Davillas, A. and Jones, A.M., 2020. The COVID-19 pandemic and its impact on inequality of opportunity in psychological distress in the UK.Available at SSRN 3614940.

Dawson, D.L. and Golijani-Moghaddam, N., 2020. COVID-19: Psychological flexibility, coping, mental health, and wellbeing in the UK during the pandemic.Journal of contextual behavioral science,17, pp.126-134.

Donald, W.E., Ashleigh, M.J. and Baruch, Y. 2018, "Students’ perceptions of education and employability: Facilitating career transition from higher education into the labor market",Career Development International,vol. 23, no. 5, pp. 513-540.

Duff, A., 2018. Intellectual capital disclosure: evidence from UK accounting firms.Journal of Intellectual Capital.

Erickson, M., Hanna, P. and Walker, C., 2021. The UK higher education senior management survey: a statactivist response to managerialist governance.Studies in Higher Education,46(11), pp.2134-2151.

Esphr. (2020). Macken v BNP Paribas London Branch [2021] 10 WLUK 640. https://esphr.co.uk/news/uk-employment-law-cases-spotlight-april-2022/

Factorialhr. (2021). Annual Leave in the UK Explained. https://factorialhr.co.uk/blog/employee-annual-leave/#:~:text=Almost%20all%20UK%20workers%20are,entitlement%20or%20annual%20leave%20entitlement [Accessed on 7^th November 2022]

Ferreira, R., Pereira, R., Isaías, S.B. and Miguel Mira, d.S. 2021, "Decision Factors for Remote Work Adoption: Advantages, Disadvantages, Driving Forces and Challenges",Journal of Open Innovation : Technology, Market, and Complexity,vol. 7, no. 1, pp. 70.

Gladka, O., Fedorova, V. and Dohadailo, Y. 2022, "Development of conceptual bases of the employee life cycle within an organization",Verslas : Teorija ir Praktika,vol. 23, no. 1, pp. 39-52.

Gold, D., Hughes, S. and Thomas, D. 2021, "Perceptions, experiences and opportunities for occupational safety and health professionals arising out of the COVID-19 Pandemic",Humanities and Social Sciences Communications,vol. 8, no. 1.

Gov.UK. (2020). Compensatory rest. https://www.gov.uk/rest-breaks-work/compensatory-rest#:~:text=A%20worker%20may%20be%20entitled,reasonable%20distance%20from%20each%20other

Gov.UK. (2020). Flexible working. https://www.gov.uk/flexible-working#:~:text=All%20employees%20have%20the%20legal,26%20weeks%20to%20be%20eligible [Accessed on 7^th November 2022]

Health and safety executive. (2020). Health and Safety at Work etc Act 1974. https://www.hse.gov.uk/legislation/hswa.htm

Kwon, B. and Farndale, E., 2020. Employee voice viewed through a cross-cultural lens.Human Resource Management Review,30(1), p.100653.

Legislation. (2020). Employment Rights Act 1996. https://www.legislation.gov.uk/ukpga/1996/18/contents [Accessed on 7^th November 2022]

Legislation. (2020). Equality Act 2010. https://www.legislation.gov.uk/ukpga/2010/15/contents [Accessed on 7^th November 2022]

Maternity action. (2021). Rights during maternity leave and return to work. https://maternityaction.org.uk/advice/discrimination-during-maternity-leave-and-on-return-to-work/

Ndirect. (2020). Alternatives to going to court. https://www.nidirect.gov.uk/articles/alternatives-going-court [Accessed on 7^th November 2022]

Skinner, B., Leavey, G. and Rothi, D., 2021. Managerialism and teacher professional identity: Impact on well-being among teachers in the UK.Educational Review,73(1), pp.1-16.

University of Oxford. (2020). Law reports and the doctrine of precedent. https://www.law.ox.ac.uk/legal-research-and-mooting-skills-programme/law-reports [Accessed on 7^th November 2022]

Working families. (2021). What is a COT3?. https://workingfamilies.org.uk/articles/what-is-a-cot3/#:~:text=A%20COT3%20is%20a%20form,between%20you%20and%20your%20employer[Accessed on 7^th November 2022]