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The roles of courts, tribunals and statutory agencies in regulating the employment relationship - Essay Example

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Q. Critically evaluate the various roles of courts, tribunals and statutory agencies in regulating the employment relationship, in particular focus should be given to the regulation by government policy, and if this provides an adequate balance of protection to both employers and employees…
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The roles of courts, tribunals and statutory agencies in regulating the employment relationship
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Download file to see previous pages The relevant legislations and acts regarding employment law are also looked at. This then proceeds to the statutory agencies, specifically on Acas, its roles and mandates. This shows the outline of the government policies over the years and in different reigns, an analysis of the recent issues in employment, the reforms at Employment Tribunal and the Beechcroft Report. This concludes by giving the recommendations and views of the balance that has been stricken between employers and employees. It seems that the legal tide in some perspectives is turning in favour of the United Kingdom’s employers. For instance, the move to introduce fees for taking a case to employment tribunals, reduction of the cap on compensation pay-outs for claims dismissed unfairly and making it easy for judges to terminate weak claims by workers are just some examples. These changes seem to represent a ‘real shift in the balance of power between employee and employer’ (Beechcroft Report 2011) Check references The business community, especially the employers’ have been very vocal in its criticism of excessive red tape. Furthermore, the British Chambers of Commerce argues that businesses have had to cope with relentless flow of regulation for the past few years at a cost of billions of pounds (British Chambers of Commerce Annual Review 2011). ...
The qualifying period for employees’ unfair dismissal rights was increased to two years up from one year. There was also the launch of Employers’ Charter. Despite the deregulatory tone of the agenda, the government has set out policy decisions on employment law that counter business opinions. Ministers have also been in consultation on proposals to lengthen right to request flexible working to employees to change existing rights to maternity leave all in favour of introduction of a more appropriate ‘parental leave’. An appropriate parental leave means that both parents are taken care of. As opposed to granting mothers permissions, a parental leave looks at all the dimensions. Here employees are given more protections such as if an employee works 3 days a week, one ‘week’ of parental leave equals 3 days. Likewise, if an employee works irregular weeks the number of days in a ‘week’ is the total number of days they work a year divided by 52. (Gov.UK, 2012). Court and tribunals serve as important forums where any employment disputes are settled. It is also vital to understand the sources of the employment law and the role of the relevant institutions that oversee the operation of that law. For example, a distressed union, employee or employer initially brings a claim in the County Court, High Court or Employment Tribunal. Whether an aggrieved party submits his claims in a tribunal or court all depends on the nature of the dispute. Claims concerning breach of contract, application for injunctions, wrongful dismissal are usually brought in the courts. Claims that involve discrimination, unfair dismissal, redundancy, equal pay, maternity rights and deduction of wages, are heard in the Employment Tribunal (Taylor & Emir 2006, p. 39). Initially this ...Download file to see next pagesRead More
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