LAW OF EMPLOYMENT
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Institutional Afilliation
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Introduction
Employment law is the section of a bill that governs the duties and rights of employers and workers. These rules are mainly created to keep the employees safe by ensuring they are treated somewhat as well as securing employers’ interest. These employment laws are based on political and state constitutions, lawmaking, administrative rules, and court judgments. However, certain employment affiliations can also be governed by contract. In the 20th century, the England labor laws were passed to create minimum wages, compensate injured workers, and ban child labor. Earlier, these rules acted to outlaw discrimination and unsafe working environments tracing back to the public protests against the unjust practices of the industrial revolution. However, currently, the issues that need interventions include workers’ healthcare and equal pay for both genders.
Workers’ Compensation System
Richard Browne as the Deputy Chief Executive Officer through the Human Resource needs to identify his legal obligations under the workers’ compensation system. In the U.K, the workers’ compensation plan requires the employers to secure insurance that offers a range of benefits to their workers who are injured or get sick while at work. This compensation system tends to set a form of conciliation between the employer and the employees. The workers get the benefits regardless of the cause of injury. As a result, the employers can find protection from the litigations in case the injured employers would go looking for money damages due to pain and suffering. Therefore, the injuries incurred by Peter Smith after getting hit on by a truck are compensated for within the plan.
In case a company lacks insurance cover for its workers, any injured employee may always sue the employer in a civil court. Some places, however, have specialized monetary resources to give workers’ compensation plans for the illegally uninsured employers and sick or injured employees. The groups may later seek for a refund for the total cost spent for the benefits. On the other hand, employers found lacking legally required insurance may also incur charges with heavy fines. However, within the systems, workers’ compensation laws only tend to cover those illnesses or injuries that are attached to the job. Furthermore, the worker’s compensation plans do not cover injuries caused as a result of worker’s self-intoxication and abuse of drugs along with situations involving gross misconduct. In some circumstances, the company may decline to pay if they realize a worker is in some way trying to violate its policies.
To minimize the cases of injuries within the workplace, I encourage Richard Browne to put a notice at a strategic place in the airport. This notice must indicate safety measures, details about the available workers’ compensation plan as well as the company’s workers’ compensation carrier. Normally, the employer is required to provide the affected employee with a compensation claim form 24 hours after the worker has raised a reported a work-related injury or illness. The employers are still obliged to administering the forms even without the notices of the employee provided they are aware of the injuries. Self-employed workers such as the contractors are not eligible for the workers’ compensation plan. But, the employers are not expected to misclassify their full-time employees as independent workers as a way of avoiding to offer workers’ compensation systems. This is because the employers are not responsible for independent contractors’ compensation scheme.
In most workplaces, the employers are supposed to keep an accident book for the advantage of the workers. This ensures a precise record-keeping showing the occurrences of different events which can assist the employer claim compensation long after an incident had happened. This also helps the employees study the pattern and the causes of previous accidents which will in turn aid in the prevention of further injuries. Under the Reporting of Injuries, Disease and Dangerous Occurrences Regulations (RIDDOR), employers have the responsibility to report accidents at their workplaces, diseases and other dangerous cases to the Health and Safety department at their regional authority. RIDDOR reports signals are imposing authorities on events and assist them in deciding whether to investigate the vital accidents. These reports give insight to the law enforcing authorities concerning how health and safety risks develop, reveal tendencies as well as aiding in the advancement of the target activities. However, some of these incidents are not reported under RIDOOR although it does not mean that the general provision of the Health and Safety at work, Act of 1974 does not apply. Considering such situations, the enforcing authorities may resort to investigating these particular circumstances. This happens when there is a severe failure showed by the management resulting in death or injury.
Employment Discrimination Law
A practice of racial discrimination is identified within Rotherham-Doncaster Airport Authority workplace. This is observed in the incident where Tracy Wakefield tells off Abdul that several unemployed white, English Christian men wished to join RDDA because he mentioned an injury after he slipped due to poor lighting at the corridors of Tracy’s office. According to The Race Discrimination Act at Work UK, 2010, this is described as direct discrimination where an employee is different from others at work because of the race (Laws, 2011, pp.73). Direct perception is believed to have an unpleasant effect on the workers and could also lead to legal action. Therefore, this kind of harassment tends to abuse the employee’s dignity which might form an unfriendly working condition. Also, this may result in victimization which will see employers or colleagues treating an individual of a different race less satisfactorily.
Indirect discrimination is also outlined under the Race Discrimination Act at Work UK, 2010. It is when individual policies and guidelines within a workplace may inhibit a person from a particular race from being employed, reserving a job or from developing within the organization. Racial discrimination has been experienced at different levels throughout the employment procedure. Observing The Race Discrimination Act, the workers need to ensure they explicitly comprehend the stipulated processes and regulations which prevent discrimination during candidate selection, pay levels and motivations, promotions or relocations, disciplinary actions, termination of employment among other aspects of work. Also, the company must outline set relevant procedures that act on any related subjects that arise.
In attempts to recruit employees, the employers should be cautious when advertising the job vacancies. This means that in the vacancy advertisements the Chief Executive Officers should not refer to a particular race as well as other protected characteristics. Advertising exclusively on one media platform is inappropriate as this tends to target a specific group including specific racial category, promoting on a restricted website as well aims at a particular ethnic group. Most significantly, the executive officer is expected to avoid automatically rejecting candidates who lack UK qualifications such as the A-Levels, GCSEs and maybe the Scottish Highers. This is because requirements of these tests are obtained overseas as well .Therefore; the employers should be ready to accept the equivalence fit for the role considering the approval from the agency known as the UK National Recognition Information Centre.
The Deputy Chief Executive Officer should encourage management of cultural differences at the place of work. Both the employers and the employees must appreciate the cultural differences amidst them particularly concerning values and norms. Thus, it is upon the employer to offer training for the staff to develop a culture of respect within the workplace identifying the acceptable and the unacceptable behaviors. Significantly, the team should be discouraged against the racial stereotyping- assuming people from the same race share the same characters. Discriminatory language should be ruled unacceptable within the work premises. It includes referring to somebody’s race as certain words have the potential of offending as they may be felt to be light.
The improved movement of people from around the globe signifies that it can be quite common for institutions to employ people from different races and ethical backgrounds. This means that English would not be a common language to all. Still the same, there might be some employers who originate from the same country or share a mutual word which is not English. However, an employer is expected to stipulate a language of operation, usually English for commercial reasons. Employers can as well hold on recruiting a job applicant who knows English as a language of the job requirement. Though, this selection should not be based on assumptions about nationality, race, or ethical origins. Interestingly, in some countries such as Wales, both the employers and the workers are expected to have skills in both Welsh and English necessary for the job. Also, in this situation, the employers are much inclined to prohibiting the use of languages other than English.
Disengagement and Termination of work
Frank Winter violates termination law of employment by attempting to dismiss Jack Freeze by instructing him to return his staff Identity card and his free car-parking permit immediately Peter who is the rear is hit by the truck driven by Jack. Winter further threatens to entirely dismiss Jack Freeze if he involved the Union of National Airport Workers (UNAW) headed by Abdul Amin. This because Frank believes the Union is not in any way acknowledged by RDAA adding that Abdul will not be allowed any time-off by the union operations. To comply with termination rules, Frank Winter would have given a notice of termination to Jack before even attempting to dismiss him. The period of notice is supposed to be stipulated in the contract of employment. If in case the set period is less than the statutory minimum notice time limit, then the statutory notice time limit which is one week for every whole year adding up to a maximum of twelve weeks will apply. However, the regulatory requirement must not necessarily be in writing but is just a form of collective contractual provision.
A potentially fair reason for dismissal known as redundancy must be applied but under strict observation of fair procedure by an employer. The system involves a legal selection process. In the process, there should be a well-managed discussion with the employees to sample their proposed selections. The employer on the hand will have to put into consideration alternatives to employment as well as preference to appeal. According to rules for collective redundancies gives the obligation to negotiate conjointly, usually with employee envoys or with the trade union. In this situation, a worker is set to propose to dismiss as a redundant twenty or other more employees at one workplace within ninety or fewer days.
Employers have to appreciate that the primary protection for workers on termination is the right to identify an unfair dismissal claim within the employment committee. However, unless the dismissal is unjust which includes whistleblowing, an employee is expected to have not less than two years at the service to qualify to bring such a claim to the tribunal. Nevertheless, it is worth noting that, for a dismissal to be it must be one of the five reasons for termination as outlined in Section 98 of the Employment Act 1996. This Act also includes control, capability, and redundancy along with the employer following an appropriate protocol.
Fair procedures entail giving an employee the opportunity to make a presentation on the proposal for his or her dismissal before the tribunal makes a final verdict on the same. The worker summoned in the disciplinary and grievance meeting have the right to be accompanied by the one of the unit administrator or by a fellow employee. Before the committee, the employee is also offered a chance to appeal the decision made by the tribunal to dismiss him or her. In case of abuse of notice provisions in the employee’s agreement of employment or a discrimination claim, an employee will have the right to present a petition for unjust dismissal. However, this only applies only if the employee claims that the termination was discriminatory.
A useful promotion criterion focuses on building the employees in their application of skills rather than favoritism. Most institutions are exposed to the risk of poor service delivery as most employment tribunals tend to hire people in the jobs they are unfit for. For instance, Tracy Wakefield who is the newly appointed assistant personnel manager at the Rotherham-Doncaster Airport Authority still lacks moral work ethics. This is identified when she discriminates Abdul Amin because of Abdul’s race. She further threatens him to shut up not to express how he felt telling him, Abdul could as well go home. However, the employers who hire incompetent employees could face prosecution if the workers showed that their promotion was more of discriminatory. In this situation, workers’ competence would be used to determine employer violation of Title VII of the Civil Rights Act. The legislation on the other hand outlaws workplace institutions from recruiting employees based on age, gender, race among other individual characteristics.
While setting standards within the institutions, it is vital to determine the minimum principles for advancement to educate the employees on the rules they need to meet to attain promotions. For instance, one of the qualifications for promotion may include serving at a company for two years or more to be eligible for any promotion within their companies. Also, the employees can as well meet some quotas to get promotion from their initial levels to higher levels.To encourage operational competence among the workers, employers can introduce motivation among the employees as this would facilitate the advancement of qualified employees to more senior levels before going an extra mile of hiring externally to fill in the job vacancies. Therefore, it is recommendable that instead of Richard Browne hiring employees such as Tracy Wakefield from companies outside his institution is not appropriate instead Richard should invest in potential employees within Rotherham-Doncaster Airport Authority.
The companies progress on the service delivery from within which is greatly influenced by promotional policies which tend to motivate the employees. In the year 2007, a system was once created stating that an employee could sue an employer for not posting existing opportunities in the institutions. This policy was brought by because of a case that was filed by a 50-year-old who claimed that he was not considered for promotion at a Tractor Supply Company because of his age despite having the qualifications that were required for advancement. This led to the court identifying that the company was not guilty of age discrimination while considering promotions. However, the company was found guilty of not posting the promotion opening that all the qualified candidates could have applied for it. This caused the institution prosecution along with the expensive legal fee that was imposed on them by the court.
The employers should assess all qualified employee for promotion as this helps avoid discrimination and preference of the best candidates. The hiring team is expected to concentrate more on analyzing a candidate’s performance appraisals while using the skills as a measure of selecting the suitable candidates. It would be vital to also maintain consistency in the application review procedures to aid in determining the significance of various qualifications. Moreover, such reviews help in judging and being able to predict a candidate’s general performance. For example, resolving on hiring employees with job-related experience being more important than their educational background.Thus, the application reviews should be documented so that in case questions on promotion policy biases is raised they can be traced and produced as proofs.
Law of employment supported many cultures expressed by labor and management by incorporating terms into collective agreements meant to create policies. In industrial relations, reasons related to collective employment rights have seen to reflect the fundamental form of legislative interventions .The growth of the large-scale business enterprises has protected the legal interventions offering an opportunity in creating disintegration of which has changed the modes of labor supply. Within the provisions of the law of employment prediction of contract in employment is possible. Nonetheless, as stipulated in the law developments give people the reason to believe that contract experiences are unlikely to continue. In the continuing constraints that Richard Browne faced within the workplace, he is the deputy chief executive officer he must not fail to understand the landscape of all the issues underlying in the institution.
With the situation at Rotherham-Doncaster Airport Authority, Richard Browne must be in the position to offer mediation services to maybe facilitate the resolution of complaints. These disputes according to the workplace relations would be referred for mediation. Mediation itself seeks to solve for two or more disputing parties through investigation or hearing or coming up with a formal decision. Richard’s role, therefore, is to encourage the conflicting parties to discuss their argument out on clear and informed grounds depending on their wish. Mediations can take different forms right from face-to-face conferences, telephone to other means that the meditation office might consider appropriate. The act of conciliation is bound on the two, and either party is bound to intervene which can be accomplished competent court of law.
There has been a need for intervention by the inspectors of the workplace relations commission to inspect, examine and investigate to monitor implementation of employment legislation. These special inspections will demand those specific policies outlined within the law of employment be deployed. Failure to rectify or any act of non-compliance will be treated by Compliance Notice creating the directions that have to be followed by the employer for failing to observe the law. If the employer fails to give in writing his plans or proposals on rectifying the matters described on the notice, the Workplace Relations Commission may establish prosecution proceedings against the company. By a specified range of actions of non-compliance, on the side of the employer, the inspectors will be obliged to set a fixed payment notice. But if the employer the notice is served on decides to pay as a way of complying, the matter is not taken to court.
Codes of practice and other requirements tend so vitally for employment establishment in all workplaces. Application of specific policies and procedures are meant to deal with discipline and limitations of the working codes along with systems and processes including data encryption with no systems. The plans, however, vary depending on importance for the employer depending on the type of business establishment. Francis Browne has to consider a range of options including social welfare, pensions, data protection and health safety regulations, and taxes. This is because employees cannot remain on a sequence of fixed-term contrast affair.
Only persons involved in contrast of services are inclined to being an employer and should, therefore, be protected by the wholesome employment legislation. The difference between a contract of service and a contract for service is brought by the type of deal a person is engaged under which can further have incredible outcomes for both the employee and the employer while trying to protect legislation and legal deprivations caused by taxation and social welfare.
The hiring of foreign nationals is entitled to complete requirements of statutory employment protection and rights in the same way they are in their countries. Non-European Union country members required a permit register for employment in the United Kingdom. It is stated within Employment Permits Acts that it was an offense for the employer and the employee who is non-EEA national to work without the permits since for each permit holder can only work for the employer named on the license.
Richard Browne has the role to ensure the employers are given enough rest to avoid uncertainties such as the accident caused by Jack due to a tired mind. The Organization of Work Time Act formed in the year 1997 outlined rules governing the maximum number of hours of working, resting breaks in between the weeks, and yearly leaves plus the public holiday’s privileges. Every employee is expected to work for an average of 48 hours a week within which in between the employees are entitled to daily rest periods, weakly breaks and short breaks created in the middle of the working hours.
In conclusion, the UK employment law is subdivided into three main categories. The common law, the statutory and the European constitution. The common law forms the preliminary basis of the employee and the employment relationship. As stipulated within the law, a contract of employment should not necessarily be but is usually recorded in writing. The involved parties have the powers to decide which of the three judges will be the governing law. Nonetheless, there is a regulatory employment that must apply to protect employee rights regardless of the law of contract being used. Therefore, all companies must operate in accordance with these laws which if they violate they will be exposed to the risk of prosecution by the jurisdictions.
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