Saturday, October 5, 2019

Employment Law Research Paper Example | Topics and Well Written Essays - 3000 words

Employment Law - Research Paper Example es; and other matters in relation to the nature of the job (National Archives, 2012) Trial period – the employer may offer a trial period in the employment agreement not longer than 3 months following the commencement of employment’s relationship (National Archives, 2012) Importance of â€Å"statutory requirements† and â€Å"Implied terms† The employment contract will also stipulate anent implied terms of service based on the set of mutual obligations for both employer and employee that are maybe set in a written statement of basic employment particulars stipulated under ERA 1996. S .1 (Emplaw Online, 2012). Some of the implied obligations of an employer are stipulated under the ‘equality clause’ to ensure that workers will not be subjected under all forms of discrimination, that they’d be able to observe custom of the trade and that they will be able to perform their common law duties for a safe environment (Emplaw Online, 2012). Part of these implied obligations is to uphold mutual trust and confidence among workers (Emplaw Online, 2012). The statutory requirements are clearly outlined in labour laws and policies of the country. In case there is breach of contract and illegal dismissal or there is unfair dismissal, this will be ruled by the Act of Parliament and dealt with by employment tribunals not by the courts (Emplaw Online, 2012). Unfair dismissal happens when there is breach of contract or there is wrongful dismissal. This is a new concept integrated in Great Britain’s labour policy after the legislation of  Industrial Relations Act and in ERA 1996 Part X, 94 and 135 (Emplaw Online, 2012). Legal protection afforded to employees by ‘Transfer of Undertakings’ legislation Labor laws in UK have also assured that employees’ rights are protected... The employment contract will also stipulate anent implied terms of service based on the set of mutual obligations for both employer and employee that are maybe set in a written statement of basic employment particulars stipulated under ERA 1996. S .1. Some of the implied obligations of an employer are stipulated under the ‘equality clause’ to ensure that workers will not be subjected to all forms of discrimination, that they’d be able to observe the custom of the trade and that they will be able to perform their common law duties for a safe environment. Part of these implied obligations is to uphold mutual trust and confidence among workers. The statutory requirements are clearly outlined in labor laws and policies of the country. In case there is a breach of contract and illegal dismissal or there is an unfair dismissal, this will be ruled by the Act of Parliament and dealt with by employment tribunals, not by the courts. Unfair dismissal happens when there is a breach of contract or there is wrongful dismissal. This is a new concept integrated in Great Britain’s labor policy after the legislation of Industrial Relations Act and in ERA 1996 Part X, 94 and 135. Labor laws in the UK have also assured that employees’ rights are protected under Transfer of Undertakings Regulations of 2006 (TUPE), or when a business is subjected to transfer. The regulation aims at ensuring that employees will not be illegally dismissed from work due to business transfer unless there is sufficient reason to warrant termination

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