This is my recent assignment that got a Distinction. It includes all the P's, M's and D's. I believe it would definitely help you or give you an idea of how to do it best. I provided analysis of assignment's cases as well as examples of real cases.
Details of report:
Recipient of report: Local Law Firm
Issuer of report: Laura …
Date submitted: 13/03/2023
Status of report: Report about basic employment right available to employees and information
about other employment contracts.
Introduction:
The aim of this report is to examine the various aspects of worker rights, laws, and fairness
that are crucial in every workplace. It will explore the regulations governing the rights of
both employees and employers in the workplace, including the Employment Rights Act,
which serves as a safeguard against unethical behaviour by corporations. Moreover, the
report will investigate employment contracts and other related documents through various
case studies that are available to all workers.
P1: Explain, using case scenarios, what the written statement of employment
particulars and the contract of employment must include to comply with the law.
Written Statement of Employment Particulars
Employees who will be working with a company for more than a month are required to
receive and sign an official document called the Written Statement of Employment
Particulars. Employers have a duty to provide this document within two months of the
employee's start date, even if the employee's tenure with the company is only one month.
This written statement must include essential terms of the agreement, such as the
company's name, the employee's job description, working hours, start and end dates of the
contract, salary and payment frequency, holiday entitlements, location of work (which may
require relocation), notice periods, collective agreements, pensions, grievance procedures,
and instructions on how to file complaints regarding grievances, disciplinary, or dismissal
decisions.
It is important to note that sick pay and procedures, as well as disciplinary and dismissal
procedures, are not included in the Written Statement of Employment Particulars, but the
document must specify where this information can be found. If the job involves working
abroad for more than a month, a separate document must be provided, signed by the
employee, which outlines the duration of the work abroad, currency, additional
compensation or benefits, and terms of return after the work abroad.
Contract of Employment
The employer is required to provide a legal document called the contract of employment to
the new employee, which must be signed by both parties. This contract outlines specific
terms that must be included and serves as an agreement between the employer and the
employee regarding their employment conditions, rights, responsibilities, and duties. It is
,essential to abide by the terms of the contract until the end of the employment, and the
employee should be given adequate notice if they are to be dismissed.
In addition to the explicit terms of the contract, there may be implied terms that are not
explicitly agreed upon but are still mandatory. For example, employees must not steal from
their employer, they must be provided with a safe working environment, they must be paid
the appropriate wage according to the law, and they must be paid the correct holiday pay.
These implied terms are expected to be followed and do not need to be explicitly discussed
in the contract.
Case Studies
Case study 1- Peter applied for an assistant position at a distribution centre called
'Savesome.' However, during his interview, he was not given his contract of employment or
the Written Statement of Employment Particulars. These documents should have provided
him with crucial information such as his salary, working days and hours, and sick leave
entitlements. Instead, he was only informed that he had been allocated three weeks of
holiday per year. Later, he discovered that the details of his sick pay and other relevant
procedures were posted in the staff room at work. This is an unsuitable and informal way of
communicating such essential information. The contract of employment and the Written
Statement of Employment Particulars are meant to be discussed during the interview to
allow both the employer and employee to make any necessary changes to ensure the
contract is suitable and flexible for both parties. It is not mandatory to include information
about sick pay and other procedures in the Written Statement of Employment Particulars,
but it should be stated where the information can be found. In this case, the employer
should have made it clear that such details were posted in the staff room. Failing to do so
could potentially result in a violation of employee rights and a lawsuit against the employer.
Therefore, in the future, the employer should clearly state where such information can be
found to avoid any misunderstandings or legal issues.
Case study 2- In Saif's case, the written confirmation he received covered some of these
details but not all of them. Specifically, it did not include information about the minimum
wage requirements and the possibility of being assigned to work overseas. Furthermore,
Saif's employer is required by law to provide him with a contract of employment within two
months of starting work. The contract of employment must include the same information as
the written statement of employment particulars, as well as details about any additional
benefits or terms of employment, such as pension schemes, health insurance, or bonuses. In
Saif's case, it is unclear whether he was provided with a contract of employment. If he was
not, his employer may be in breach of employment law. Therefore, in order for Saif's
employer to comply with UK employment law, they should provide him with a
comprehensive written statement of employment particulars and a contract of employment
that includes all the required information. This will help to protect both Saif and his
employer and ensure that his employment rights are fully protected.
Case study 3- Ravindi was entitled to receive a comprehensive employment contract and a
detailed written statement of particulars upon starting her job at Savesome. These
, documents would have outlined important information such as her allocated maternity
leave, which was likely discussed during her interview, along with her salary for the position.
There are two issues in this case study related to the Equality Act. The first issue concerns
equal pay, as Ravindi has been paid £5000 less than Peter even though they hold the same
job role and responsibilities. Savesome is required to follow this legislation and failure to do
so could result in them being taken to a tribunal. Additionally, Ravindi should be entitled to
take 52 weeks of leave for her maternity as long as she provides sufficient notice.
P2: Provide advice to a business on the effect of non-compliance with the
written statement of employment particulars.
The law requires employers to provide a written statement of employment particulars
within the first eight weeks of employment. This document serves as evidence of the
agreement between the employer and employee and must be accurate and detailed to
avoid potential fines or legal action. Employees are advised to follow a three-step process
before taking the matter to court.
The first step is to try to resolve the issue with the employer through discussion. If this fails,
the second step is to make an official complaint, or grievance. The employer will then
schedule a meeting to discuss the complaint and attempt to resolve it. If the issue remains
unresolved, the employee may appeal or proceed to the third and final step, which involves
taking the employer to court. Going to court can be expensive and damaging to the
company's reputation, as potential future employees may be deterred by the knowledge of
a tribunal. If the court decides in favour of the employee, they may be awarded
compensation ranging from two to four weeks' wages.
Compliance with the legislation regarding the provision of detailed written statements can
help businesses avoid court and complaints, thereby preventing financial expenses and
negative impact on the company's reputation. Therefore, it is imperative for all companies
to provide comprehensive written statements that meet the legal requirements to ensure
evidence of detailed contracts that cover relevant information.
Case Studies:
Case study 1- Although Peter did receive his written statement within the two-month time
limit, he only obtained it towards the end of the period. This implies that he could have
initiated the three-step procedure to ask the employer about the delay in providing the
statement, as they may have overlooked it or not completed it. Therefore, there is no
requirement to involve the court as the employer adhered to the law and did not do
anything unlawful.
Case study 2- In this case study, there are no legal problems concerning the written
statement. Nevertheless, there are apprehensions regarding working abroad and being paid
below the minimum wage, which can be resolved through the employment contract. As the
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