Critically assess the various employment law rights
Critically assess the various employment law rights that corporate managers must take into account when managing employees in the workplace.
The objective of this written assignment is for you to provide a comprehensive description of the various employment law rights corporate managers have to take into account when managing employees in the workplace. Your evaluation should cover all stages of the employment relationship inclusive of engagement, management and termination of employment.
Include relevant cases with in UK law to support points/ statements.
You should identify the common law principles which engage when identifying the status of employees, workers and independent contractors.
It would be useful to specify why the distinction is important.
You should then go onto to evaluate the nature of a contract of employment and the sources of the express and implied terms.
When discussing the implied statutory terms, you will be expected to identify the relevant statutory provision such as the Employment Rights Act 1996.
When assessing the management of employees, it would be helpful to identify what rights they enjoy in the workplace and duties placed on employers.
You are free to evaluate various sources of workplace rights such as the Working Time Regulations, 1998, National Minimum Wage Act 1998 and
health and safety legislation.
It is also permissible to provide an evaluation of the Equality Act 2010 and how this protects against workplace discrimination. However you are to
remember that your assignment should principally focus on employment rights as opposed to rights against discrimination.
You must identify the legal regime applicable to termination of employment.
In particular you should understand the difference between a wrongful dismissal and an unfair dismissal.
Your assignment should assess the circumstances in which an employee has the right not to be unfairly dismissed.
You should identify the five potentially fair reasons for dismissal and also evaluate the issue of reasonability on the part of the employer. It is
permissible to focus principally on any one of the potentially fair reasons, such as redundancy.
Finally considerations should be given to the options available to an employee who has been unfairly dismissed. The role of ACAS and what remedies can be pursued in the employment tribunal.