A Short Online Synopsis Of » Employment Law Studies As Well As Comparable Research
Why is legislation / employment law important in upholding and protecting the rights of BOTH employer/employee
This is part of my "work within your business environment" study for a degree. I need some brainstorming ideas here...
Employment Law is a very complicated field of law. It is also very misunderstood.
Employment law in the United Kingdom
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During much of the Nineteenth century the employment contract was based on the Master and Servant Act of 1823, designed to discipline employees and repress the 'combination' of workers in Trade unions.
Employment Law in the United Kingdom has developed rapidly over the past forty years, due to a historically strong Trades Union movement and to the United Kingdom's membership of the European Union. In its current form, it is largely a creature of Statute, (Acts of the UK Parliament) rather than Common Law.
Leading Employment Law Statutes include the Employment Rights Act 1996, the Employment Act 2002 and various legislative provisions outlawing discrimination on the grounds of sex, race, disability, sexual orientation, religion and, from 2006, age.
Unusually for UK legislation, the operation of the Employment Law system is broadly similar across the whole of the UK. There are some differences in the common law between England & Wales and Scotland and, in addition, Northern Ireland has extra anti-discrimination legislation.
Summary of Internal Employer's Process
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After the employer's own processes, such as disciplinary hearings and internal appeals, have been exhausted, employment law cases usually start by the aggrieved employee presenting a complaint to an Employment Tribunal (ET). These (as Industrial Tribunals) were set up under the 1964 Industrial Training Act, although they now have a substantially greater role and do count as courts. They have sometimes been referred to as industrial juries.
Northern Ireland offers a Fair Employment Tribunal and an Industrial Tribunal. These are administered by OITFET - the Office of the Industrial Tribunal and the Fair Employment Tribunal.
As from 1st October 2004, both employers and employees will be required to follow a statutory dispute resolution procedure when effecting dismissals or dealing with grievances. A failure by the employer to follow the procedure results in the dismissal being automatically unfair and an enhancement in any compensation payable to the employee. A failure by the employee in following the procedure results in a possible bar to bringing tribunal claims or a reduction in any compensation payable.
Summary of Tribunal Process
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Generally speaking a tribunal will hear specific complaints about an aggrieved party being deprived of their rights, including (but not limited to) unfair dismissal.
In short, a claim is submitted, a response is required by a certain deadline, any preliminary issues are dealt with at a case management conference or a pre-hearing review, a period of time is allowed for ACAS (UK) or the LRA (NI) to explore settlement options, and then the tribunal orders are sent out after the ACAS conciliation period has expired leading to a full merits hearing of one or more days. Complex cases that are not resolved in one day are carried over to a remedy hearing at a later date to discuss the award only. A judgment is then sent out with the parties given 14 days to ask for written reasons behind the decision (unless they ask on the day).
Complaints to Tribunal and Time Limits
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A complaint of unfair dismissal can only be made where there has been a dismissal, so that there is no general right to complain of unfair treatment. An employee may, however, complain at any time that they consider a statutory 'employment protection' right has been infringed. Where this takes place in connection with a dismissal an employee may combine this with their complaint against the dismissal.
Except where no qualifying time limit applies (as in the case of 'statutory rights') an employee needs to have worked for their employer for a least a year in order to make a complaint of unfair dismissal to an employment tribunal. In addition, a claimant may raise a complaint of discrimination without claiming dismissal or whilst also claiming dismissal but without one year of service. Claimant's with less than one year's service may find their unfair dismissal claim is brought to a pre-hearing review where they are asked to explain why they feel they can bring a claim without a year's service, i.e. dismissal due to a public interest disclosure or for being a trade union member. Most tribunal offices however write to the claimant upon receipt of their claim form telling them that they have 14 days to show why their claim should be heard, otherwise the chairman will strike out the claim.
In certain circumstances, an employer's conduct could be such that an employee is entitled to resign in response and to regard that as an unfair "constructive" dismissal. Failure by an employer to extend a fixed term contract can also be an instance where a claim for unfair dismissal may be made.
Employment regulations play a key role in the development of any business. Sometimes, building a team with complementary skills involves little more than a quick chat with someone who has been introduced to them by a business associate. No psychometric tests, references or formal contracts of employment here.
Often, employees or team members are taken on without sufficient protection in terms of valuable intellectual property or a means to prevent ´moonlighting´or unfair competition when they leave.
Emerging businesses and entrepreneurs can have the basis of a fantastic business, but, once they start employing people, things can go wrong.
Employees can rip companies off by stealing their ideas or passing them on to subsequent employers, who have not invested heavily in the underlying research and development.
Even if employees do not take ideas or indulge in unfair competition, poor performance can itself damage the business.
Not only that but any attempt to discipline or improve the errant employees can lead to employment tribunal claims, where, for example, unlimited damages can be awarded where discrimination is proved.
The year 2003/4 saw 115,000 employment tribunal claims in the UK, of which over 31,000 resulted in a hearing. Any trouble like this is inevitably a very disruptive and costly event for any business with limited management resources.
The stakes are high. Though the average settlement was £7,275, some race and sex discrimination claims resulted in awards against employers of around the £0.5m mark.
Traditionally, smaller and emerging businesses have adopted a reactive approach. Employment lawyers are called in when an errant employee claims the rights to technology developed in his or her employment or where a tribunal claim is threatened.
It is much better to make sure that he or she has the necessary employment contracts in place and the appropriate procedures.
Contracts should specifically address the issue of research and development and who owns the rights to such material etc. Normally, this will be the employer, but it is unwise to rely solely on this generalisation.
The procedures covered should include those for grievances and disciplinary matters. Commonly, equal opportunities, bullying, harassment and even the use of company emails are also covered.
From stealing ideas and information through to the incorrect use of emails, the risks are significant.
For further information please refer to the below Source List
How To Become a Paralegal or Legal Assistant
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