Essay
Unit -24 Law- M1, M2 ,M3,M4, D1, D2, D3
- Module
- Law
- Institution
- PEARSON (PEARSON)
All Merits and Distinctions of Learning Aim A, B and C
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M1 Analyse the impact of employment rights onemployees, applying the appropriate current law.
Employment rights are highly needed and beneficial to Peter, Saif and Ravindi in
avoidance of employment-related problems amongst them and organisations they’re
working for. All the three employees weren’t fully provided with all the information in
accordance with the written statement of particulars and Equality Act 2010, which
resulted in not complying with Employment rights.
The employment rights interconnecting with a written statement of particulars will
allow Peter to formally be informed and read all the imperative data that’s involved in
the organisation and his job role. Therefore, Peter can have an evidence if unfair
treatment and dismissal would happen, as well as has the right to sue the business
as he has the evidence that he’s working for them.
In Saif’s situation, he found out that he wasn’t earning the minimum wage which the
organisation failed to comply with National Minimum Wage Act 1998 (NMW).
Employment rights can help Saif to earn the right wage, thereby dealing with this
problem will be easier to resolve as Saif can get support from ACAS. And, being able
to receive a fair payment in accordance with Employment rights relating to working
pay will aid him both financially and mentally, as well as could be used to eradicate
the unfair treatment in the workplace.
In addition to that, the organisation also failed to involve the “Working Abroad” in the
written statement of particulars. Part of his legal right was to be informed of the
period he’ll be in Germany, the minimum wage they pay alongside the overtime
payment, working hours and terms and conditions relating to his return in the UK.
Saif’s employment right can aid him to prevent uncertainty in his job role, and further
misunderstandings that could possibly result in a dispute between his potential
employer and him.
Ravindi was earning £5,000 less compared to Peter, through the help of Equality Act
2010 and Equal Pay Act 1970, Ravindi would be able to appeal and get equal
payment once the resolution has been placed. Employment rights would aid Ravindi
by encouraging equal pay in the workplace regarding gender as well as promotion
opportunities for women and ethnic minorities.
Additionally, in terms of maternity leave, it’ll help Ravindi to still get support from her
employer financially and secure her job in the organisation; and which are extremely
beneficial in raising her child and avoid being terminated as it’ll be categorised as
unfair dismissal. Part of maternity rights is getting pension contributed by her
employer, implying that after her retirement she is still able to receive money without
tax and have a stable life.
, D1 Evaluate the impact that employment rights in the
workplace have had on businesses, using decided
cases and recent statutes to justify conclusions.
Due to European Union’s written statement directive specifically for employees,
they encourage that employees should be provided with a written statement in
setting out their working conditions and pay within 28 days before starting their work,
in compliance with Section 1 of the Employment Rights Act 1996. In Peter’s
situation, a failure to give a written stamen can lead to an award of compensation by
Employment Tribunal amongst 2 and 4 weeks of his wages. This can drastically
affect his employer as EU strictly specified that this document should be given; and
therefore, the organisation’s finance will be affected so does the trustworthiness
between two parties. Since Peter and Saif’s written statement wasn’t adequate,
where sick pay, working abroad and full terms and conditions weren’t included, then
their employers are likely to pay fines.
If the written statement is not provided, the employee can complain to the industrial
tribunal. The tribunal can declare what the particulars are, and which should have
been given. The tribunal can also award compensation of two weeks’ pay if the
employer does not provide any or adequate. This can be increased to four weeks’
pay if the tribunal considers it just and equitable in all the circumstances to do so.
However, this compensation can only be awarded if the employee is also bringing
another claim, in an action brought under one of the jurisdictions identified in section
5, and the tribunal finds in favour of the employee.
Part of employees’ employment act rights is an entitlement to the National Minimum
Wage Act 1998 (NMW). Since the NMW fluctuates, Saif’s employer should respond
in the rising of wages, otherwise failing to obey proceeds to get a support from HM
Revenue and Customs in regards of his complaint or claim for an Employment
Tribunal. According to (Tilley and Prowse, 2018), business secretary Sajid Javid
specified how this initiative regarding not complying NWM will be enforced; where
“fines for non-payment will be doubled and penalties will increase from 100% of
unpaid wages to 200%, up to a maximum of £20,000 per underpaid worker”. And
compliance officers will have the authority to use various sanctions in serious cases
involving fines, prosecutions, identify and disgrace the organisation.
Nevertheless, due to NMW, Saif’s employer must implement initial planning to deal
with extra costs in labour by way of limiting yet increasing the responsibilities of their
employees or pass these costs to their consumers.
Equal pay right amongst men and women is an important right protected in the EU
Treaty, now called Article 157 which is directly enforceable in the United Kingdom
courts. This right was in the founding treaty of EEC to avoid those organisations and
members of states in accordance with equal pay law from undercutting employees
by underpayment such as Ravindi, as well as exploit the weaker labour market
position of women employees. In article 157, alongside Equal Pay Directive the law
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