MANAGING EMPLOYMENT RELATIONS AND EMPLOYMENT LAW

Examine the goals and objectives of employment regulation (LO1 AC 1.1):

A legal contract between employers and employees that establishes and governs
their relationship is known as employment law. Payment, discrimination,
recruiting, and working conditions are some of the key issues on which
employment law primarily focuses. Both employees and employers are covered
by the statute.

The protection of workers' rights is the primary objective of employment laws. It

ensures that all workers receive equal treatment and gives them a sense of
security (studysmarter.co.u)
Additionally, a group called a trade union exists in the UK. When it comes
to (GOV.UK, n.d.):

- Negotiating agreements with employers on contract terms, it protects workers

and employees.

- Talking about layoffs.

- Assisting members in disciplinary and complaint cases

The Equality Act 2010 (Taylor and Woodhams, 2016), Disability Discrimination Act
2005 (Russell, n.d.), and National Minimum Wage Act 1998 (Taylor and
Woodhams, 2016) are only a few of the acts that make up the majority of UK
employment law and offer the fairness mentioned above.

System of Tribunals and Courts

An employee has the right to file a tribunal suit against their employer if they
believe they have been treated unfairly.

Activities for Selection and Recruitment

When individuals or organizations are perceived to be treating a person

differently due to their sexual orientation, gender, religion, or age, this is known
as discrimination during recruitment and selection. According to the Equality Act
of 2010, if a company discriminates against a person and refuses to hire them
because of a particular trait, they are breaching the law.
Managing Reorganization and Change

A contract of employment can be modified, however depending on how many

and what was proposed, the employee would often need to agree with the
modifications.

Reduction of Redundancy

When a job is no longer necessary because of the fusion of tasks or when the role
no longer exists, redundancy is a type of dismissal and a technique to reduce the
size of a department or organization in order to save money. Redundancy should
only be employed as a last option in any circumstance (CIPD, 2019).

Law on Health and Safety Requirements

Laws and common law govern health and safety because all employers have a
duty of care to keep their employees safe while they are at work, regardless of
the workplace's circumstances.

Employees have the following rights when attending serious disciplinary

and grievance hearings:

Employees/workers have a right to be accompanied during a disciplinary or

grievance hearing under section 10 of the Employment Relations Act 1999, unless
they are performing a contract of service.
Examine how legal and regulatory requirements affect an organization's
human resource policies (LO1 AC 1.2):

In the workplace, human resources have played a critical role. HR

employment regulations control hiring and firing, workplace security,
compensation and benefits, and secrecy. They also aim to safeguard against
harassment and discriminatory acts. In addition to performing the
customary tasks of hiring, onboarding, and paying employees, HR
practitioners are required to have a thorough awareness of current HR law
and its rules 26th July 2022 factorialhr.

Here are some of the most important HR rules that affect human
resources:

HR must abide by the following rules:

Timekeeping for employees:

The Working Time Regulations' fundamental clauses say that, unless they
specifically opt out, employees are:

-Required to work an average of / no more than 48 hours a week.

-Eligible for 5.6 weeks of paid vacation leave per year.

-Allowed one uninterrupted hour of relaxation every 24 hours.

– Allowed a 20-minute rest period (for workdays that are longer than six
hours).
Confidentiality:

The confidentiality of information pertaining to management initiatives and

corporate data must also be maintained by HR. When it comes to disciplinary
actions and workplace investigations, data protection can be particularly difficult.
(shrm)

Dismissal:

The termination of an employee's employment relationship by the employer is

known as a dismissal.

-had a good reason to support it

-behaved sensibly given the circumstances

Employee advantages:

All employees must receive wages and perks, according to HR managers. This
covers wages, paid yearly and sick time off, pensions (for the security of an
employee's retirement income), and overtime compensation.

Employment Discrimination:

Employers are protected from discrimination at work at all phases of employment

according to workplace discrimination regulations. This covers hiring,
employment terms and conditions, education, salary and benefits, chances for
promotion and transfer, termination, and redundancy.
Harassment:

Organizations must develop anti-harassment policies and make them easily

accessible to all prospective and current employees. All supervisors should
receive training in order to enable them to recognize potential instances of
harassment (AIHR).

Workplace Safety:

The human resources division is in charge of making sure that every employee has
a safe place to work. (The Management of Health and Safety at Work Regulations
of 1999 and the Health and Safety at Work Act of 1974)

Examine how ethical standards affect an organization's human resource

practices (LO1 AC 1.3):

In general, HR teams are entrusted with concerns including encouraging

diversity in the workforce, dealing with issues of inequity, and establishing
standards for workplace behavior. Human resources ethical guidelines on
these matters frequently have a direct bearing on how a business recruits
and keeps talent.

Here are five HR ethics principles that businesses may adhere to in order
to master the art of moral decision-making and establish themselves as a
valued resource for their staff members:
Knowing the laws:

HR professionals must make difficult decisions and hold employees accountable

for their wrongdoing as a representative of the firm, and that is not an easy
assignment.

Be an ethical leader:

Being a moral leader is important because workplace conflict is inevitable. For

instance, an employee may complain to you that their manager, a high-level
executive, has treated them unfairly.

Conflict of Interest Definition:

Conflicts of interest are bad for a company's operations because they lead to
internal politics that detract from the business's success and degrade the work's
quality.

Put diversity and inclusion practices into practice:

Diversity efforts frequently center on recruiting across racial, economic, and

gender lines. Although these things should be taken into account, they are merely
one aspect of diversity and inclusion.

Information should be kept private:

The personal information that HR professionals have access to concerning

employees ranges from social security numbers to medical records. Although
there are many obstacles that HR professionals must overcome, the work may
also be quite rewarding.

Describe the goal of human resource management(LO1 AC 1.4):

Human resource policies are written regulations and standards that organizations
implement to manage their workforce. On the other side, HR procedures are
detailed instructions that outline what must be done to adhere to these policies.

The advantages of having clear and thorough HR policies include:

 They help you address employee grievances and disputes,

 They expedite decision-making on various HR matters,
 They help ensure that all employees are treated fairly; they protect your
business legally, and
 They aid in fostering a safe and healthy workplace.

Assess the fundamentals of discrimination law in regard to hiring practices

and legal requirements (LO2 2.1):

People in the UK are protected from discrimination in the workplace and society
at large by the Equality Act 2010.

The new laws offers the novel idea of "Protected Characteristics" that the
law wants to safeguard, specifically:
  Age,
 Disability,
 Gender reassignment,
 Marriage,
 Civil partnerships,
 Pregnancies, and maternity leave,
 As well as race,
 Religion,
 Sexual orientation,
 Are all factors.

Discrimination in hiring procedures:

Unfair treatment of a person due to a protected feature is known as unlawful

discrimination.

The primary forms of discrimination include:

 Direct discrimination, which involves treating someone less favorably due

to a certain characteristic. For instance, declining to hire a man as a care
worker since most clients prefer women.
 Implementing policies or laws that have an adverse effect on a person
because of one of those characteristics constitutes indirect discrimination.
For instance, if a job posting specified a certain amount of experience,
younger individuals with the requisite qualifications would not be
considered.
 Harassment is the deliberate creation of a persistent hostile atmosphere
for a person that targets one of those characteristics. Examples include
 making jokes during an interview that are offensive to the person's gender,
religion, or other personal characteristics.
 Victimization, which is when someone who has previously filed a complaint
is not given an inside position Indications of prejudice toward their
employer.

How to prevent discrimination in hiring:

o Given enough time,

o Educate recruiters and assessors,
o Clearly state the evaluation criteria,
o Interviewers with challenges,
o Language barrier,
o Remaining skill-oriented,
o Examine hiring-related pictures,
o Set diversity goals for hiring companies,
o Eliminate bias from selection tests.

Critically assess the function of contracts in employment law (LO2 2.2).

The employment contract is a legally-binding agreement that specifies the

working relationship between an employer and employee, including the duties
and working conditions. It is a binding contract between two parties that is
enforceable in court.
Contract Conditions:

Depending on the form of employment contract, the employer-employee working

relationship is described. Let's examine the three most typical employment
contract types.

Permanent agreement:

The most typical arrangement for an employment contract is a permanent one.

Employees, who are permanent, whether full-time and part-time, have set hours.

Fixed-term agreement:

This sort of contract has a definite length of employment, as the name would
imply. The contract outlines the start and end dates of work.

Temporary agreement:

Temporary employees are covered by this form of contract. For instance, a

company may recruit temporary workers during the Black Friday shopping season.

The existence of express or inferred contract terms must be emphasized:-

Explicit Terms:

Express terms are those on which the employer and employee have agreed
expressly. They may be:-
  Mentioned in the employment contract or offer letter for the employee,
 Indicated in other papers or agreements, or
 Agreed upon verbally.

Continuity Terms :

A clause in a contract may be implied by actions taken or by usage and custom.

Implied terms, however, are incompatible with express terms.

Terms must be the following in order to be considered implied by custom and

practice:

 Certain,
 Reasonable,
 Well-established, or
 Known by the majority of the employees.

Duration of the agreement:

 Terms of the trial period; and

 Terms of the termination of the agreement

LO3 2.3: Examine the procedures used to create employment contracts:

An agreement or term of hire that establishes the terms and conditions of an

employee's employment is known as a contract of employment (or employment
contract). These agreements are typically in writing, although they can also be
spoken.
The following could be part of the employment contract terms:

 Date of start-up;
 Job title and description;
 Length of employment;
 Compensation and benefits for employees
 The policies, procedures, rules, and practices of the employer
 A confidentiality contract
 Non-compete agreement,
 Dispute resolution,
 Dismissal from employment,
 Any other general clauses

There are four major categories of employment in the UK:

Partial-time work

A part-time employment contract will typically have fewer contracted hours than
a full-time employment contract, which is essentially the major distinction
between full- and part-time workers. The amount of hours a part-time employee
is expected to work each week is specified in their employment contract.

Temporary or fixed-term employment

When you have a fixed-term or temporary employment contract, you are

required to work for a specific number of months, such as when a role is created
to replace maternity leave and an employee is given a 12-month contract.
0 hours under contract

With zero hour contracts, the idea is that the company will only ask the employee
to work when necessary The employee is not required to work when the
employer wants them to and the employer is not required to offer a specific
number of hours.

Contractors or independent workers

Depending on the company and the given contract, freelance and contracted
employment agreements will be different. The freelancer or contractor may be
given a contract with a set start and end date, or they may be asked to labor
continuously until the job is finished.

The complete package offered by Oxfam comprises a wide range of benefits in

addition to competitive salary.

As a Living Wage Foundation-accredited employer, Oxfam has made a

commitment to paying a Living Wage to all of its UK employees.

Performance versus goals and at least four months' worth of performance are
required for the review year.

25 days a year, in addition to sick days and public holidays (pro rata for part-time
and fixed-term employees).

With our competitive pension plan, Oxfam will match up to 10% of your gross
pensionable earnings in contributions.
By working with BHSF, Oxfam has made it possible for employees to get funding
for things like eye exams, new glasses or contact lenses, dental checkups,
physiotherapy, and chiropractic care.

When revising a contract, there are three essential steps to take into
account:

1. Consensus with the worker

2. Contractual changes

3. Handling potential conflicts

There are only a few industries that Oxfam focuses on when hiring:

 Your job duties will provide you the chance to become a part of a
welcoming and helpful team that changes how Oxfam interacts with
professional and practitioner audiences, impacting sector discussions and
practices. Additionally, it provides the chance to collaborate with a team of
talented, diverse, and enthusiastic individuals from all over the world.
 Applicants from a variety of backgrounds, particularly those who have
firsthand knowledge of the problems we address and those who belong to
underrepresented or disadvantaged groups, are encouraged to submit their
applications to Oxfam.
 All applications will be "masked," which means that we won't be able to see
your name or any of the Personal Information you provide us when we
shortlist By concealing names, we can be extra certain that we're only
shortlisting based solely on the strength of each application's content.
  Oxfam is a "disability confident" employer, which implies that we work to
hire and keep employees in ways that are accommodating of whatever
needs they may have due to a disability.
 Through our code of conduct, Oxfam expects all employees and volunteers
to share this commitment. Making sure that only people who concur with
and uphold our principles are hired to work for us is extremely important to
us.

Analyze the legal and procedural safeguards that exist for workers,
according to (LO3 AC 3.1):-

Employee dissatisfaction is the result of the discrepancy between what your

employees expect and what they actually receive. It might or might not be
warranted, but it needs to be handled with extreme caution. The HR
representative must spend a lot of time speaking with the staff to comprehend
their complaints.

If the tribunal rules against you, it's critical to keep in mind that since employment
law is governed by civil law principles rather than criminal ones, compensation
rather than punishment is the goal.

Therefore, important directives from the tribunal to you can include:

• Demand that you return your employee's job to them.

• Pay any witness expenses for your employee;

• Pay your employee's tribunal fees.

• Pay compensation and/or damages to your employee for any harm to personal
feelings or loss of income.
Here is a list of the top reasons for employee complaints:

• Physically unfavorable working circumstances.

• Modifications made without warning.

• Negative working conditions.

• Incorrect pay adjustments.

• Unsatisfactory office procedures for:

• Promotion

• Demotion

• Transfer

• Discharge

• Leaves

• Overtime

• Breaking the law.

• Inadequate facilities for welfare, health, and safety.

• Tension between labor and management.

• Occurrences of favoritism and nepotism in the workplace.

• Lack of administrative control

A labor tribunal

We are tasked with investigating complaints from individuals who believe that an
employer or potential employer has treated them improperly.

Examples of allegations of improper treatment that we might hear are:

 Unjust pay deductions;

 Unjust termination; and
 Prejudice

An employee may file a claim with the employment tribunal if they believe they
were fired unfairly. Before filing a claim, individuals must have been employed by
their employer for at least two years (unless they were fired for an automatically
unfair cause). Within three months (minus one day) of being fired, the employee
must file the claim. The Advisory, Conciliation and Arbitration Service (ACAS) will
offer them the chance to use mediation. If the unjust dismissal claims are
successful and brought before an employment tribunal, the tribunal may order:
Reinstatement: The company is required to reinstate the worker and pay up any
lost wages. Re-engagement. The company must provide the worker with a fresh
but generally equivalent, and make up for any lost wages. Compensation is
required from the employer, who may also compensate for lost wages.

There are a variety of reasons why you might file a claim with an
employment tribunal, such as:

Disagreements regarding equal pay;

 Unfair dismissal, such as when you are forced to resign due to a serious
violation of the employment contract or when you were fired unfairly as
part of an unfair redundancy process;
Discrimination for disability, sex, race, age, sexual orientation, gender
reassignment, marriage or civil partnership, pregnancy; and more.
The respondent has the chance to respond and present their version of
events to the employment tribunal after the claim has been filed.
The parties to the disagreement will then exchange pertinent information
and documents for their respective cases. After exchanging witness
testimony, the case will proceed to an employment tribunal hearing.

A few days or weeks following the hearing, the decision is mailed.

Paying remuneration and covering any witness fees incurred by the

employees are two examples,Depending on the type of issue:-

 The tribunal may, if the employees prevail,

 Force the losing party to do particular actions.
 Enhancing working conditions
 Returning employees to their jobs, as necessary

Important employment tribunal facts

 When a disagreement over an employee's rights to employment arises and

it cannot be addressed in a more informal setting, employment tribunals
handle judicial hearings between employees and employers.
 Employment tribunals handle conflicts involving employees and employers.
  Speak to your UNISON representative before filing a claim with an
employment tribunal. They can inform you of your alternatives. Before
going to an employment tribunal, you can be entitled to free legal counsel
as well as suggestions for how to settle the conflict.

Examine the legal repercussions for the employer of treating an employee

unfairly (LO3 AC 3.2).

Apply legal principles governing the type of worker protection to a specific

situation (LO3 AC 3.3).

Discrimination occurs when a member of your workforce is treated unfairly due to

their identity. They may become upset, ashamed, or even afraid as a result. You
can anticipate a sharp decline in their production and morale

when this occurs. According to scholarly research, unfair treatment of employees

can sap their drive and vitality.

Examples of unfair treatment at work

The following are some instances of unjust treatment at work:

• Spreading false information about a worker.

• Willfully ignoring a candidate for a promotion.

• Making inappropriate remarks to or about someone via social media posts,

emails, or messages.

• Justifying such remarks as harmless "banter."

• Making someone's life miserable by giving them mundane jobs and unjust
criticism.

• Reduction in rank, transfer, or termination without a just disciplinary process

How to stop and stop unjust treatment

 Informing every employee of your anti-bullying and anti-harassment

policies. Include a copy of these policies in your staff handbook and make
sure all new hires have access to it.
 Send the teams an email whenever a policy is updated.
 Identify the actions you won't tolerate and describe the steps you'll take to
look into any instances of unfair treatment. Outline the criteria that are
required of the employees, especially senior staff, on the other side.
 Making it clear in the manual what must be done in order to report an
occurrence or lodge a complaint, while maintaining complete
confidentiality.

Depending on the nature of case, the tribunal may order the losing party
to take particular actions. Examples comprise:

• Paying any reimbursable witness expenses;

• Paying remuneration.

• Enhancing the working environment

• Returning to the position,

•If appropriate If you receive compensation,

•The amount may vary depending on:

•The type of case; some cases have caps

Critically evaluate the roles and responsibilities of the many stakeholders

in managing the employment relationship (LO4 AC 4.1).

- An organization's stakeholders may be internal or external. Internal

stakeholders are those who have a direct interest in a firm, such as through
employment, ownership, or investment.
- External stakeholders are those who don't work for a company directly but
are still impacted by its decisions and results. Suppliers, borrowers, and
government agencies are all regarded as external stakeholders. A firm can
choose from a variety of ways to contribute to a business by having a clear
understanding of the various sorts of stakeholders and their duties.
- Senior management in a company, such as the board of directors,
executives, and senior management, may be considered stakeholders.
These people allocate work and decide on projects to steer the company in
the right direction.
- Stakeholders in the business make the key choices that steer the
enterprise. They use their knowledge of the business world and the sector,
along with their talents and expertise, to make choices that support
expansion.
- Stakeholders' main responsibility is to establish company objectives and
create plans to support achieving those objectives. These stakeholders also
routinely assess business operations and initiatives to identify more
effective approaches.
- They might help the company build goodwill by suggesting corporate social
responsibility (CSR) programs. Initiatives that firms carry out in host
 communities as a part of environmental and social governance (ESG) are
referred to as corporate social responsibility (CSR).
- Stakeholders may provide an organization with a range of assistance to
help it stay profitable and long-lasting. For instance, patronizing and
becoming devoted customers provide support. They can assist the business
by offering input to help it improve its current procedures.

A few instances of stakeholders

Exclusive control over a company and its assets may belong to the business
owner. A business may have a single owner or numerous owners,
depending on the corporate structure and incorporation.
Managers collaborate closely with senior management to plan employee
activities. They supervise teams and departments to make ensuring that
their operations follow the mission and rules of the business. These experts
oversee projects and assign tasks while ensuring that workers have access
to the tools they need to complete their assignments.
Employers use their personnel to carry out projects and accomplish
organizational goals. Employees are valuable to the company because their
quality affects productivity and efficiency over time.
A labor union is typically a group that stands up for workers' rights at work
and represents them. Unions are crucial to businesses because they
develop the rules that govern employee pay, benefits, and working
conditions in both private and public institutions.

Evaluate the effects of organizational-level employment relations

processes and external environments on organizational performance( LO4
AC 4.2):
Assess the importance of the effects of integrating employment relations
processes on organizational strategy, practice, and outcomes (LO4 AC 4.3):

Employee relations are influenced by a variety of aspects in any firm. Leadership

style, communication tactics, diversity, conflict resolution, employee engagement,
and other factors are some of the crucial components. Learn about the most
important internal and external aspects of employee relations in this article, as
well as how a business can use its reputation to better engage its workforce.

Government rules on employment have an impact on employer-employee

relationships.

 These effects are examples of external variables that have an impact on

employee relationships. By forcing them to increase their employment
programs to accommodate more workers, for instance, government
policies that support full employment reduce the negotiating strength of
companies (Lewin & Keefe 2012).
 The establishment of labor laws is a common method used by government
policies to intervene and address these inequities. For instance, labor
regulations step in to guarantee firms give all people equitable work
chances since an excess of labor supply may result in biased employment
and exclusion (LaFleur & Obsitnik 2013). For instance, the United
Kingdom's (UK) labor laws attempt to promote equality in the workplace
by influencing the recruiting and training strategies used by companies.
 The most important piece of legislation promoting equality between
businesses and employees is the Equality Act of 2010 (Turner, 2013). Due
to this regulation, no company is permitted to treat employees unfairly on
the basis of their gender, religion, creed, or any other aspect of their social
or political position. Instead, it makes sure firms provide all employees
equal opportunity to succeed.
 Employee engagement, for example, lowers the rate of employee
turnover, which lowers the expense of finding and training new hires
(Russell & Russell 2010). Similar to this, a business can gain from happier
staff members who perform better financially since happy staff members
frequently offer clients high-quality services (Addison & Demit 2012). By
increasing sales, contented employees would enhance the company's
financial success.
 The organization's stance on employees' rights to have their views
represented to management through unions, staff organizations, or other
forms of representative systems will be outlined in the employee relations
policy. Additionally, the organization's relationship with trade unions will
be covered, including how important it is to view this as a collaboration.
 Reference List:

 The purpose of employment legislation is to safeguard employees' rights.

Obtainable from: [ https://www.studysmarter.co.uk/explanations/business-

studies/influences-on-business/employment-law/]

The 2010 Equality Act; Taylor and Woodhams

You may access this at [https://www.makingbusinessmatter.co.uk/employment-

law/]

 Regulation and legal requirements' effects on an organization's human

resource policy

Check it out at [ https://fnq.org.br/comunidade/analyze-how-legal-and-

regulatory-framework-impact-on-human-resource-management-in-the-
organization/]

 Legal standards for human resource confidentiality

Information is accessible at [
https://www.cipd.org/uk/knowledge/factsheets/data-protection-factsheet/]

 Legal criteria for human resource harassment

You may access it at [ https://www.aihr.com/blog/anti-harassment-policy/]

 The fundamentals of discrimination law in regard to hiring practices and

legislation

This resource is accessible at [ https://employmenttribunal.claims/employment-

law/discrimination/discrimination-law-general-principles/]
  Contract terms include both express and inferred clauses.

Accessible [ https://www.xperthr.co.uk/employment-law-guide/express-and-
implied-contract-terms/20384/]

 Oxfam's hiring practices and priority industries

It is possible to get this resource at [

https://policy-practice.oxfam.org/resources/pursuing-decent-work-in-the-
informal-sector-understanding-employers-views-on-de-620758 / ]

 There are employees' procedural rights and employment tribunals.

You may get it at [ https://www.gov.uk/government/publications/employment-

status-and-employment-rights/employment-status-and-employment-rights-
guidance-for-hr-professionals-legal-professionals-and-other-groups ]

 Important employment tribunal facts

Information is accessible at [
https://www.cipd.org/uk/knowledge/factsheets/tribunals-factsheet/]

 Top reasons for employee complaints, with examples

See [https://www.researchgate.net/figure/Major-causes-of-grievances-reported-
by-the-respondents-N186_tbl1_282671985 ]

 Examine the functions and roles played by the various parties involved in
managing the employment relationship.
 For more information, see [https://uk.indeed.com/career-advice/career-
development/role-of-stakeholders ]
 Available [https://www.linkedin.com/pulse/employee-relations-its-impact-
organisation-whether-er-banerjee ]