Purpose and Enforcement of Employment Law

Employment law is an important piece of legislation that governs employer-employee relations

and provides protection. Many aspects of the business are affected, from employment contracts
to sick leave. Knowing something about employment law can help you understand your rights
and those of employers1.

Employment law exists to regulate and manage relationships and contracts between employers
and employees especially regarding their rights This protects employees from unfair practices,
ensures certain benefits such as sick leave, promotes fairness in the recruitment process and
protects the safety of workers in the workplace 2. The existence of these laws ensures that
anyone who is being treated unfairly has legal recourse. Employment law covers a wide range of
issues relating to employer-employee relations, from health and safety to dismissal. In general,
this tends to limit what employers are allowed to ask of their employees and ensures that
employees have certain basic rights.3

Employment tribunals are the adjudication body for workplace justice, which is the main place
for deciding disputes between workers and employers They are part of the wider justice system
and are one of the three highest courts in the high court system. Formerly known as the
Technical Court, the Employment Court was established in 1964 4. Originally it decided appeals
against training levies imposed by Technical Training Committees on employers A case is still
headed a they appeal against government decisions, such as the minimum wage or health and
safety issues, but have changed unacceptably over the last 60 years. There are two separate
courts for employment tribunals in Great Britain: one in England and Wales and one in Scotland.
Each is headed by a chief justice (with the legal title of president) and each has its own
independent judiciary. They share applicable law, known as the Code of Employment Tribunals,
and sometimes jointly issue guidelines and guidance.5

1
Taylor, S., & Emir, A. (2015). Employment law: an introduction. Oxford University Press.
2
CIPD, Employment Law available on https://www.cipd.org/uk/topics/employment-law/ accessed on 4 March 2024
3
Ibid
4
Employment Tribunal https://www.gov.uk/courts-tribunals/employment-tribunal accessed on 4 March 2024
5
Ibid
Employment law is typically governed by the private or civil law system. If an employee believes
their rights have been violated, they have the option to sue their employer in a civil court. 6 The
claimant is pursuing compensation or other possible remedies. After hearing all sides'
arguments and applying the law, the court will issue a final ruling. These courts play a crucial
role in defending employees' rights on the job.7 These are some of the situations under which
an employee could seek remedy from the tribunal. Envision a worker who was fired without
good reason. An employment tribunal may hear their case for restitution or reinstatement. The
tribunal determines if the termination was justified and conducted fairly. A woman finds out
that her male coworker is getting paid more for doing the same job. To have the disparity fixed,
she can go to court and use equal pay laws as her basis.

Furthermore, in which Because of their impairment, an employee is subject to bias in the

workplace. To get their grievances heard and put a stop to the discrimination, they take their
case to an employment tribunal.The involvement of the enforcement mechanisms, such as
courts and tribunals, in protecting employment rights and ensuring a fair workplace is crucial in
every case.

Managing Recruitment and Selection Processes

In order to succeed in the dynamic talent acquisition market, firms need a methodical strategy
for identifying, assessing, and recruiting elite talent. During the recruitment process, the
organisation uses both internal and external resources to reach out to people who could
become partners or employees. While internal promotions are the main focus of an internal
hiring process, external recruitment makes use of a broader net through the use of platforms
such as LinkedIn, Indeed, or industry-specific websites. Loyalty and cost-effectiveness are two
advantages of hiring from within, whereas fresh perspectives and ideas are two advantages of
hiring from outside8.
Employers use in-depth evaluations of job candidates while making hiring decisions. This
process has many important steps. Step one is to go through all of the resumes and pick the top
6
Cabrelli, D. (2020). Employment law in context. Oxford University Press.
7
Ibid
8
Farndale, E., Nikandrou, I., & Panayotopoulou, L. (2018). Recruitment and selection in context. In Handbook of
research on comparative human resource management (pp. 127-142). Edward Elgar Publishing.
candidates based on their experience and qualifications. In light of the fact that Section 13 of
the Equality Act of 2010 prohibits discrimination based on protected characteristics, equality
concerns are particularly pertinent here since they ensure that screening criteria will remain
neutral and objective9.

Therefore, interviews are quite important for candidate evaluations. Interviews that focus on
past behaviour can shed light on future performance, whereas interviews that are more
structured and use predefined questions can help assess cultural fit and competency. The need
of treating interviewees fairly and the obligation to refrain from discriminatory practices are
emphasised in Section 13 of the Equality Act of 2010.Using evaluations and tests, such
personality and skill tests, is an additional factor for candidate evaluation. To ensure that
assessments are equitable, relevant, and in accordance with the job description, it is crucial to
remember equality at this point. The Equality Act of 2010.Section 19 makes it clear that biased
assessment is not allowed. Selection is made through a comprehensive determination of the
individual’s performance during the interview, the results of the tests, and the best fit with the
overall position In order to maintain integrity, fairness and accountability, they should that
10
agencies write and all policy options. Section 39 of the Equality Act 2010 emphasizes the
importance of avoiding discrimination in employment decisions and basing decisions on merit
alone.11

Companies can make their recruitment and selection processes more efficient by following
industry standards. Writing inclusive job descriptions, actively seeking out individuals from
diverse backgrounds, and coaching hiring teams to recognize and prevent unconscious bias are
all such examples of putting that application experience first , have a consistent process, and
keep lines of communication open Every step of the process must be carefully monitored these
processes have employees who contribute to organizational success by creating a common
organizational goal to align with the business environment a in promoting appropriate and
productive.12
9
Equality Act 2010, S.13
10
Ibid Section 19
11
Ibid Section 39
12
CIPID, Recruitment Process Overview available at
https://www.cipd.org/uk/knowledge/employment-law/recruitment/ accessed 4th March 2024
Managing Pay, Leave, and Working Time

The National Minimum Wage (NMW) varies based on your age and whether or not you are an
apprentice. You will be paid the National Living Wage (NLW) if you are 23 years of age or older.
Every year on April 1st, the hourly rates are adjusted.
The rates of living and minimum wages as of April 2023 are13:

Age Current rates (£)

23 and over (NLW) 10.42

21 - 22 10.18

18 - 20 7.49

Under 18 5.28

Apprentice 5.28

Apprentices in their first year of the programme are eligible for a minimum hourly rate of £5.28
(this rate does not apply to Higher Level Apprenticeships), regardless of whether they are under
or over the age of 1914.

Companies risk fines and perhaps legal action if they don't pay their workers the minimum wage
that is legally required for their age group. Hours worked, breaks, and paid time off are all
regulated under the Working Time Regulations. Workers are limited to no more than 48 hours
of labour each week (including overtime), with the opportunity to voluntarily work more if they
so want15. This is one of the most important requirements. If an employee works longer than six
hours in a row, they are required to take a twenty-minute break. Paid annual leave, including
holidays, is due to full-time employees at least 28 days in advance, and to part-time employees
on a prorated basis. For the sake of their workers' well-being, safety, and work-life harmony,

13
National Minimum Wage and National Living Wage rates available at https://www.gov.uk/national-minimum-
wage-rates accessed on 4th March 2024
14
Ibid
15
The Working Time Regulations 1998
employers must adhere rigidly to these rules. 16Employees who qualify can take unpaid absence
to care for family matters according to the Parental absence Regulations. The most important
part is the maternity leave policy, which allows employees to take up to 52 weeks off while they
are pregnant, with 39 weeks of that paid at a statutory rate. New dads or partners are eligible
for two weeks of paid leave under paternity leave, and new parents can split up to fifty weeks of
paid leave and thirty-seven weeks of paid leave under shared parental leave once a child is born
or adopted. Businesses have a responsibility to help their workers take advantage of parental
leave and get back to work quickly afterward.

In the United Kingdom, companies with 250 or more employees are required to publish an
annual report detailing the gender pay gap 17. These figures show that there is a difference in
hourly earnings between men and women. The intention is to growth transparency inside the
workplace and decrease gender bias. Ultimately, these regulatory regulations pose challenges
for UK companies seeking to successfully control pay, vacations and working hours.

By adhering to these requirements, employers fulfill their criminal responsibilities in a fair and
useful manner. UK personnel are entitled to at the least 28 days of paid go away each year,
18
which include holidays. Employers are required to provide all paid leave. Companies must
provide their employees with information about the process for applying for leave, including
when notice is required. Employees expecting the arrival of a child can receive up to 52 weeks
of paid leave. During this period they can receive Statutory Maternity Pay (SMP) up to 39 weeks.
Employers are required to support their employees who are pregnant, eat address their issues
and help them return to work after maternity leave. New fathers and their partners are entitled
to two weeks of paid leave.

In such a case, statutory paternity pay (SPP) might be useful. When a child is born or adopted,
parents have the option to divide the time between 50 weeks of paid and 37 weeks of unpaid
leave. This adaptable setup allows parents to balance work and family responsibilities.
16
The Working Time Regulations 1998
17
Statutory guidance Who needs to report available at https://www.gov.uk/government/publications/gender-pay-
gap-reporting-guidance-for-employers/who-needs-to-report#:~:text=Any%20employer%20with%20250%20or,year
%20of%20your%20snapshot%20date. Accessed 4th March 2024

18
Employees who have worked 26 weeks or more may apply for additional scheduling flexibility.
Every employee has the right to request changes to his or her working conditions, including
shifts, facilities, or routines. Companies should carefully consider these requirements and
provide appropriate explanations if they cannot be met. Flexible work schedules promote
employee health and work-life balance. The Working Time Act stipulates that no employee can
work more than forty-eight hours per week, including overtime. However, employees are free to
decide whether or not to intentionally ignore this restriction. Employees are entitled to
reasonable breaks throughout the workday. For example, a short break is mandated for workers
who put in more than six hours. Employers have a responsibility to make sure their employees
take advantage of their paid time off. Insist that workers take advantage of their vacation time
to relax and rejuvenate.

To keep workers from experiencing burnout and stress, employers should keep an eye on their
workload. The best way to find problems is to check in often, evaluate your workload, and
communicate openly. A healthy work environment, frequent breaks, and prompt attention to
concerns related to stress should all be priorities for employers. Here is an example of how this
is shown: Because of the employee's family obligations, the employer granted them permission
to work remotely two days a week. There was an uptick in output and general happiness thanks
to this setup. A supervisor took preventative action by modifying an employee's task after
seeing indicators of stress. Thanks to the encouragement, the worker kept up his or her
productivity.
Finally, it is essential that all parts of management and recruitment adhere to employment laws.
Employers have a responsibility to themselves and their employees to know what the laws
require, to communicate clearly, and to put their health and safety first. Consistent training and
updates foster a supportive work environment and guarantee continuous compliance.

References

Cabrelli, D. (2020). Employment law in context. Oxford University Press.

CIPD, Employment Law available on https://www.cipd.org/uk/topics/employment-law/
accessed on 4 March 2024

CIPID, Recruitment Process Overview available at

https://www.cipd.org/uk/knowledge/employment-law/recruitment/ accessed 4th March
2024

Employment Tribunal https://www.gov.uk/courts-tribunals/employment-tribunal accessed on 4

March 2024

Equality Act 2010, S.13

Farndale, E., Nikandrou, I., & Panayotopoulou, L. (2018). Recruitment and selection in context.
In Handbook of research on comparative human resource management (pp. 127-142).
Edward Elgar Publishing.

National Minimum Wage and National Living Wage rates available at

https://www.gov.uk/national-minimum-wage-rates accessed on 4th March 2024

Statutory guidance Who needs to report available at

https://www.gov.uk/government/publications/gender-pay-gap-reporting-guidance-for-
employers/who-needs-to-report#:~:text=Any%20employer%20with%20250%20or,year
%20of%20your%20snapshot%20date. Accessed 4th March 2024

Taylor, S., & Emir, A. (2015). Employment law: an introduction. Oxford University Press.

The Working Time Regulations 1998