Employment Law Essays

Persuasive Essay On Employment Law
Are you going to start up your company ? As a new business owner , surely you have a lot to think
. But among them , employment law is the area that every small business needs right advice &
support .
As the employment law is constantly changing & new legislation is due to take effect over the
next few years , it's quite necessary for you to have access to information & expertise to rely on if
you don't want to break your bank .
You are having access to good advice , that is good & quite essential . If all of a sudden , an issue
arises within your workforce, don't think of taking action without talking to a professional
beforehand . Doesn't matter if they are full time , part time or temporary staff , it's vital for you to
ensure that your...show more content...
Sometimes in some situations , employment relationship can go wrong and an employee can
make a dismissal or discrimination claim to an Employment Tribunal . So , it is necessary for you
to be prepared & ensure that you are protected . These claims can be financially and emotionally
draining and time consuming . But be relaxed if you have legal help and protection . Surely it will
offer your business peace of mind .
This year , Department for Business, Skills and Innovation (BIS) has launched a mediation network
in Manchester that will work as part of a reform initiative around the employment tribunal system.
With 20 organisations , it will create a support system to help businesses undergoing dispute cases
and help them resolve at lowest possible opportunity.
The scheme will be trialed for a full year by the volunteers from local businesses including FSB
members before the Government looks at whether it can be taken nationwide. They have forwarded
the project to reduce the number of cases taken to an employment tribunal and now has over 20
accredited members ready to take on disputes. Other important changes are being made, including
the introduction of claimant fees at Employment tribunals and a simpler system governing
compromise agreements. It is hoped that these measures will help to reduce the likelihood of an
employment dispute ending up in a
Get more content on HelpWriting.net

Employment Law Chart Essay
Employment Laws Chart HRM 300 Employment Laws Chart Complete the chart below using
information from the weekly readings and additional research if necessary. Employment Law|
Description and Requirement of Law| Court Case Influential to Establishment of Law| Importance
of Law| Workplace Application| Civil Rights Act of 1964| Prohibits discrimination of hiring,
compensation, conditions, and privileges of employment based on race, religion, color, sex, or
nationality | Katzenbach v. McClung and Heart of Atlanta v. United States| The importance of the
Civil Rights Act of 1964 ensures that every person is allowed the same chance of getting hired
based on their job qualifications regardless of, sex race, color, religion,...show more content...
| Tennessee v. Lane in 2004| The importance of this act is that it requires companies to make
reasonable accommodations for disabled employees so they will be able to perform their job.|
Companies accommodate employees with disabilities by using TTD, speaking technology, and
elevator.| Civil Rights Act of 1991| The updated version of this act nullified select supreme Court
decisions and reinstates burden of proof by employer and allows for punitive and compensatory
damages through jury trials.| Wards Cove Packing Co. v. Atonio| | | Family and Medical Leave
Act (FMLA) of 1993| Permits employees in organizations of 50 or more workers to take up to 12
weeks of unpaid leave for circumstances outlined in the act.| It was put in place to help working
families balance work and family life.| The importance of this act is that it makes it easier to
balance family, work and other obligations without fearing losing their jobs.| If you have a child,
adopt a child, or if you yourself become sick or have a sick parent, child, or spouse you may be
eligible to take unpaid time off to be with them without the fear of losing your job.| Privacy Act of
1974| The Privacy Act of 1974 protects certain federal government records pertaining to individuals.
In particular, the Act covers systems of records that an agency maintains and retrieves

Employment Law
EMPLOYMENT LAW Introduction The aim of this Assessment is to demonstrate an
understanding of employment regulation and how it is enforced. Other areas covered include; how
to manage recruitment, manage issues relating to pay and working time lawfully and how to
ensure that staff are treated lawfully when they at work. Finally it will cover managing
performance and disciplinary matters lawfully. Activity 1 The purpose of Employment Law is to
provide legal protection to employees and employers. Employment Law is set up to ensure legal
guidelines and standards are met with recruiting, working standards, pay and allowances and the
disciplinary process. It is also aimed at protecting a person's Equality and Human Rights such as
...show more content...
They will review the case using their experience and the evidence brought before them
(descriptive documents, witness statements) followed by both parties Submissions. Once the
Tribunal has come to its decision, it becomes legally binding to both parties and can only be
appealed if the Tribunal has made mistake in the application of the law or the judgement was one
which no reasonable tribunal could have reached. In order to avoid an Employment Tribunal,
which can prove expensive to the complainant and the respondent, cases may be settled before
and during formal legal proceedings. This is often arranged by a mediator. Employers and
employees should always seek to resolve disciplinary and grievance issues in the workplace.
Where this is not possible employers and employees should consider using an independent third
party to help resolve the problem. This person maybe from within the organisation, or use an
external mediator should that be deemed more appropriate (ACAS Code of Practice1, Apr 2009)
If both parties fail to reach a resolution internally, a settlement can still be reached prior to the case
reaching a tribunal. ACAS can play a significant role in this. A new set of arrangements was
introduced in 2014 that gives ACAS conciliation officers a much more pertinent role. In a bid to
encourage the parties reach out–of–court settlements and so reduce the costs of running the tribunal
system, from 1 Apr 2014 new pre–claim

Essay on Employment Law
Employment law encompasses remedies that address employee grievances and discrimination that
occur in the workplace environment. The foundation of this system is the United States Constitution,
which provides two sources of laws and regulations. These two sources are individual state
constitutions and the national constitution. Under this system of federalism, there is also the Bill of
Rights, which provides the origins of the majority of employment law. The most widely known
document is Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et.seq.) The judicial,
executive, and legislative branches of the government of the United States create and enforce rules
and regulations as promulgated by the constitution. Individuals...show more content...
Organizations or agencies may file a charge of discrimination on behalf of another person to protect
that individual's identity. The charges may come by mail or presented in person to the most
accessible EEOC office. United States citizens that work for U.S. firms outside the country and its
territories fall under the protection of anti–discrimination laws and may file charges at any EEOC
office if uncertain about which office to contact. Advance notice is standard procedure if
accommodations such as a sign language interpreter or print materials in an accessible format are
necessary. At the time of filing, employers receive notice of the complaint submission and as the
investigation progresses the employer receives the final determination, as does the complainant.
Discrimination complaints are subject to strict time limits and must be within 180 days of the
offense unless the offense is also under coverage by state or local anti–discrimination laws.
However, only state laws have the capacity to extend the time of filing limit to 300 days. If the
charges fall within the scope of the Equal Pay Act (EPA), the time limitations do not apply, but
because claims also fall under Title VII sex discrimination, most claimants are under advisement to
file charges under both laws with observance to the strict time limits of each. Mediation is another
step in the complaint

Employment Law Assignment Essay
Contents
Page
Introduction
2
Explain the aims and objective of employment regulation
2 & 3
Describe the role played by the tribunal and courts system in enforcing employment law
3
Explain how cases are settled before and during legate procedures
4
Summary
4
Describe when and how a contract can be changed lawfully
5
Explain the main requirements of redundancy law
6
Explain the main requirements of the law Business Transfers
7
Summary
8
Identify the major requirements of Health and Safety Law
9
Explain the significance of implied duties as regards the management of employees at work
10
Explain the principles of the law on freedom of association
11
Summary
12
References & Bibliography
13 & 14
Appendices
14
Tutor: Linda Rave Hand...show more content...

The aim of this early conciliation is to encourage as many cases as possible to settle 'compromising'
the claim through a settlement agreement (previously called a 'compromise agreement') an
agreement achieved through Acas conciliation (a 'COT3'). Appendix 3 is an early conciliation Flow
Chart (ACAS)
If differences cannot be resolved an ET1 can be submitted to the tribunal with the relevant fee. The
claim is then logged (by the claimant) and a copy is sent to Acas and to the employer (respondent),
along with an ET3 form. The employer has 28 days to complete and return the response form to the
Tribunal. If the claim form is not returned on time a default judgment may be entered and the
respondent will not be permitted to defend the claim. The time limit for a submission is within 3
months of the date of termination of employment, certain clams such as redundancy have a 6 month
limit
Once the tribunal has made a decision, an award can be given. This can include compensation,
payment of wages or any money that is due to the employee. Reinstatement and re–engagement are
also a choice but both of these are very rare. Judgment may not always be given on the day of the
hearing.
1.3 Explain how cases are settled before and during formal legal procedures
There are a number ways that problems can be resolved in workplace without taking legal

Employment Law Research Paper
How often can a business leader have a FREE conversation with a lawyer or Human Resources
consultant? There are dramatic employment law changes that have been issued by the DOL,
NLRB, EEOC, OSHA and the courts to date. These new rules and compliance requirements may
affect a business' liability and overall profitability. Hear from a team of Legal and HR professionals
for a free yet valuable educational seminar on Hot Topics in Employment Law.
Hot Topic in Employment Law: Are you Prepared to Comply?
Wednesday, August 10th, 8:00 am
–10:00 am.
Register Here Today! Or at http://bit.ly/29NbWB6
7:30 – 8:00 Networking and Light Breakfast
Located at Kent State Geauga Campus, 14111 Claridon Troy Road, Burton During this informative
session, panelists will discuss the latest employment issues and best practices to limit your personal
or corporate liability, and help employers...show more content...
All are welcome. You do not have to be a GGP member to attend. Presenting are:
Amy Kullik, Mansour Gavin LPA
Seth Briskin, Meyers Roman, Freidberg, & Lewis
Bonnie Troyer, HR Strategies & Solutions, Moderator Amy Kullik, Partner with Mansour Gavin
LPA, specializes in Labor and Employment Law, andManagement/ Supervisory Training. Seth
Briskin is Partner with Meyers, Roman, Friedberg & Lewis and chair of Labor & Employment
Group. He provides labor and employment counsel to private, public sector and non–profit
organizations. Bonnie Troyer, owner of HR Strategies & Solutions, has nearly 20 years of
experience in Human Resource management, providing HR leadership and support in professional,
technical and operations departments. Contact info@geaugagrowth.com or call 440–564–1060 with
questions or to register to

Employment Law And Employee Relationship Essay
I.Introduction There is a legal relationship among an employers and employee in the New Zealand's
workforce and stated in the Employment Relations Act 2000. However, an employee and an
independent contractor have a particularly different relationship to an employer–employee
relationship due to legal significance with the relationship of employer and employee. Since, an
employer is legally responsible for the negligence of their worker 's activities, but not for the
negligence of an independent contractor. This essay concentrates on the employment law and how it
affects employment agreement in New Zealand by the legal frameworks in which it develops
employment relationship in relation to the Employment Relations Act 2000. As highlighted 'the use
of such triangular relationships creates complexities in the rights and responsibilities of each party' .
Means that the power of New Zealand's employment law defines employers and employees across
the statutes. The courts use the employment statues for their decision–making. Furthermore, the
protection that is available to protect the interest of employees and independent contractors and its
effectiveness. II.Employment agreement and its terms An employment agreement is an official
agreement that identifies the conditions of the relationship involving the employer and an employee
together with reimbursements and compromises at the workplace. Furthermore is mentioned as an
employment contracts. The definition of employment

Essay on Labour Law
Labour law also known as employment law deals with the body of laws, administrative rulings and
precedents which addresses the legal rights of and restrictions on working people and their
organizations1. The direct function of labour law is that it deals with the rules governing
employment relationship. Labour law functions through the role accorded by common law,
legislation and is helped also by the extra legal sources such as the customs and collective
bargaining. Labour law is divided in to two broad categories namely collective and individual labour
law. Collective labour law deals with the relationship concerning employer, employee and the trade
unions, however the individual labour law deals with the rights of employees contact and...show
more content...
Regulation 13 of the working time regulation states that a worker is entitled to four weeks annual
paid leave each year. So as the working time regulation came in implementation another issue
arose that was of the delay in implementation of the directive by the united kingdom and hence the
issue was weather it could be relied upon in between the intervening period. However the
procedure of relying upon the directive is through the process of vertical direct effect and it could
only be relied upon when the deadline for the implementation of directive has passed. This question
was placed and answered in the case of Gibson v east riding of Yorkshire and it was stated that in
order to be relied upon the directive has to be clear and precise. Hence it was held that art 7 of the
directive was not clear and precise as it did not clearly state the length of time required for a worker
to work in order to be eligible for the annual leave.
Further another issue which was brought up was the unauthorized deduction of wages by the
employer. Sec 13 of the employment rights act 1996 states that claim for any unauthorized
deduction by the employer can be made with in three months of the deduction and further sec
23(3) states that the time limit for three months starts from the last unauthorized deduction made.
However in the case of list design group v Douglas and other a worker was allowed to bring claim
for non payment of holiday pay by the employer over a two year period. It was

Why Is Employment Law Important
Employment law solicitors are legal professionals who deal with all employment related issues
on behalf of both employers and employees. The work they do is varied as there are many aspects
of employment where their legal expertise is required. While court cases are usually undertaken
only as a last resort, they are not the normal everyday work of an employment law solicitor. There
is a certain onus placed on the employer as well as the employee in any working relationship. Each
side is bound by law to abide by particular guidelines to enable them work together harmoniously.
An employer has a duty to his staff to make sure the conditions under which work is carried out are
good and safe. Knowing the company protocol and practices and what...show more content...
What are your employee's entitled to with regard to pay and notice periods. How do you select
those who are to be made redundant? How do you handle an employee who has stolen from your
company? An employment law solicitor can help and advise on the best way you can protect
your company from litigation. As an employee, employment law is in place to ensure the terms
and conditions of your employment are legal and your employer is operating within the law.
Payment of the minimum wage or issuing a payslip as well as keeping correct employee
information are just some of the legal requirements of an employer. An employee may well seek
advice on employment law if they feel discriminated against in their place of work, if they are
being bullied and feel they are not getting a fair hearing from their employer or have been unfairly
dismissed. Employment law will affect most of us at some stage in our lives, as an employee or as
an employer. It is probably only when you have a work–related issue that you will become aware of
it. As times change, so too do the laws governing employment and they are constantly being updated.
Seeking an employment law solicitor who keeps abreast of these changes is crucial in ensuring you
get the best solicitor to advise

Employment Law Essay
Arizona Employment Laws
Clapton Commercial Construction is planning on expanding their current business to a new state.
They currently do business in Michigan and are planning on expanding to Arizona. There are ten
employment laws in Arizona that Clapton Commercial Construction should be made aware of in
order to get their HR department up to speed before expanding to the state of Arizona. These are
laws regarding required postings, minimum wage, overtime, meals and breaks, vacation leave, sick
leave, holiday leave, voting leave, severance pay, and record keeping. These laws will be provided
along with possible penalties for non–compliance and recommendations on how to approach these
laws as they apply to Clapton Commercial Construction....show more content...
If this is not met federal penalties can be assessed by regulators. It is our recommendation that all
non – exempt employees be paid one and a half times their pay when they work over 40 hours in a
one week time period (Lunt Group Legal LLC., n.d.).
Meals and breaks are regulated by federal laws and Arizona does not have any specific state laws
that apply here. Federal laws does not require an employer to provide meals or breaks to their
employees. If an employer gives breaks to their employees breaks are usually less than 20 min in
length and paid while meals are 30 min or more and unpaid. Since there is no specific law in
providing meals and breaks there are no penalties to be assessed and it is our recommendation that
you provide your employees with two 15 min paid breaks and at least a 30 min unpaid lunch each
eight hour work day (Lunt Group Legal LLC., n.d.).
The state of Arizona does not require its employers to provide any paid or unpaid vacation leave.
If the employer decides to provide vacation leave it must be clearly documented in an employment
contract or policy handbook as to how vacation time is accrued, used and lost. The employer must
follow this document or legal action can be taken against the employer by the employee. It is our
recommendation to use your current vacation leave program established in your Michigan office

Essay on Employment and Labor Laws
Employment or labor laws have been developed to facilitate smooth relationship between
employers and employees. Employment laws provide rules and regulations that should govern
both the employer and the employees in their places of work. Employment laws discuss issues
related to child labor, wages and salaries, retirement, working conditions, compensations,
incentives and employment benefits among others. The major objective is to ensure the employer
does not exploit the employee and on the other hand, the employee honors the terms and
conditions of the job as presented by the employer. The case of Mckee verses Reids Heritage Homes
is a good illustration on the issues related to employment law. McKee was a 64 year old sales
manager in...show more content...
The main issue was whether McKee was an employee thus entitled to damages for wrongful
dismissal or an independent contractor. The court held that McKee was an employee of Reirds
Heritage Homes and not an independent contractor. The judge was concerned with the degree of
the relationship between an employer and an employee. The main area of duties for Reids
Heritage Homes was to sell houses and McKee totally engaged herself in this. Therefore, the
Court concluded that McKee was an employee of Reirds Heritage Homes and was entitled to
notice of employment termination and damages thereof. In relation to labor laws, the case explains
the required conduct between the employer and the employee during work termination. The
employer is required by law to provide the employee with a letter or notice of termination before
the actual date. Keating (p. 258) states that the labor laws require the employer to pay the employee
the employment benefits based on the number of years of service and the kind of work. In many
cases benefits are awarded to employees under both casual and permanent basis. The employer
should ensure that the employers are awarded their rightful amounts since it is much left at the
discretion of the employer. Therefore, McKee was entitled to a notice of termination and service or
employment benefits. The labor laws require that the employer provides incentives,

Employment Laws And Its Impact On The Workplace
Employment Laws
Our society is ever–changing and such is true with our work environments as well. Today's
contemporary workforce has significantly changed the way business is done. The contemporary
workforce has put great demands on organizations calling them to meet many challenges these
challenges include: changing the corporate culture, becoming more adaptable and to focus on
workforce steadiness. The modern workforce can yield some great advantages while also
producing many disadvantages and for this very reason it highly important that employment laws
remain in place. Employment laws have been established not only to protect the employees but the
companies in the same manner. Employment laws can be traced back as early as the 1800's
beginning with the abolishment of slavery. Since, there have been many laws that have been
enacted by the government to ensure that people are treated fairly and have safe working
conditions. In the U. S. the majority of employees and employers operate under what is considered
to be a master servant relationship. With this concept the employee is the servant and is supposed to
complete duties under the guidance and the benefit of the employer. Employment laws are important
in order to keep a balance and limit unethical practices.
Employment laws are now essential in the workforce and for that reason the United States
government hold a critical role in ensuring that these laws are followed. Human Resource
Management is regulated

The Employment Status Of Workers Essay
INTRODUCTION
It is certainly true that the current law defining the employment status of 'workers' is uncertain, as it
is wholly inflexible to deal effectively with cases of non–standard forms of employment, atypical
workers, for example: agency workers, part–time workers, fixed–term workers, as required workers
and homeworkers. Thus, reform is necessary to redress the concerns of lack of legal certainty in
relation to this area of the law.
This essay will argue that the concept of 'worker' defined under section 230 of the Employment
Rights Act ("ERA") 1996 is board; however, due to the undefined scope of section 230(3) of ERA
1996, employment tribunals and the courts have adapted a rigid approach in their interpretation; that
there is a 'high degree of legal uncertainty' as established in this area of law; that the law does not
adequately deal with non–standard forms of 'workers'; present proposals for reform by the UK
Parliament on the interpretation and application of law at common; and finally provide a conclusion
for the arguments put forth.
THE CURRENT STATE OF THE LAW Firstly, employment tribunals and the courts have interpreted
the concept of 'workers' too narrowly, by limiting the common law interpretation of 'workers' under
section 230(3) of the ERA 1996 and rights conferred on workers. Under section 230(3) ERA 1996,
'worker' is defined as "an individual who has entered into work: under a contract of employment, or
any other contract express or implied... to do

How Did European Laws Influence Employment Law
Employment law has evolved over the years and as it is strongly influenced by European Law it
is becoming more and more complex. It can be described as a set of rules enforced by the State
through the courts. Its aim is to regulate the activities of organisations by providing to them a
framework of rules. In the UK there are 3 main sources of Law;
Common Law
Statute Law
European Legislation – consisting of; regulations, decisions, recommendations and directives.
The most important source of law governing industrial relations is 'legislation' which is enacted by
Parliament. Legislation can allow a Minister or a statutory body to issue Codes of Practice (CoP),
most relevant CoP are issued by ACAS, Equality,Human Rights Commission, Information
Commission and the Secretary of State. In the UK our case law approach means that we are bound
by the decisions of judges in higher courts however UK courts must follow the decisions and
guidance given by the Court of Justice of the European Union as European Law does take
precedence over Domestic law.
The use of Social Media continues to evolve at a rapid pace, there is however no legal statute which
can be referred to when we discuss 'Social Media' or legal principles from which we can...show more
content...
In this case although the employer had known about inappropriate comments Mr Smith had posted
on Facebook they had failed to take any action until two years later. The courts ruled that the
dismissal for gross misconduct was fair and that BWB had not lost the opportunity to dismiss by
failing to take action when they were first aware of the comments being posted. The case shows that
comments posted in the past can still be potentially used to take action for Gross Misconduct under
the Disciplinary Procedure and infers that there is no time limit for when an organisation can take

Employment Law Introduction; "To what extent does the obligation to maintain mutual trust and
confidence ensure fair dealing between the employer and employee in respect of disciplinary
proceedings, suspension of an employee and dismissal?" Mutual trust and confidence:– There are
certain duties that an employer has to apply to its employee. This is to obtain a mutual obligation of
trust and confidence between each other. A duty of cooperation is owed, if the employer doesn't
show a duty of cooperation to the employee, this then can lead the employee to terminate the
contract, sue or affirm the breech and continue. In the employment contract of the employee a duty
of mutual...show more content...
A related case (Woods v W M Car Services (Peterborough) Ltd [1982] IRLR 413, approved in
Malik & Anor v Bank of Credit and Commerce International SA [1997] IRLR 462). The employer
who destroyed and serious damage of the relationship of trust and confidence between the employer
and employee was due to the conduct of the employer. Some examples of breeches by employers
which have taken place previously are: permitting an employee to be the victim of persistent verbal
abuse/sexual harassment (Reed v Steadman [1999] IRLR 299), health and safety, making an
unsubstantiated allegation of theft (Robinson v crompton Robinson [1978] ICR 401). Dismissal and
Disciplinary procedures:– The employment Act 2002 was introduced the Dismissal and
Disciplinary procedures. This act will only be followed by employees who have worked 12
months or longer for a business. "If employer fails to follow the procedure, they will be forced to
have action against unfair dismissal. The dismissal and Disciplinary proceedings will apply only if
the employer has given an official warning. The Employment Act has now changed as it has a
limitation period of up to 4–3months. After 1st October the 3months is given again even as much as
6months. The Disciplinary procedures stages

Employment Law
Q1 – Understand the purpose of employment regulation and the way it is enforced in practice.
Explain the purpose of employment law and how it is enforced. Describe the role played by the
tribunal and courts system in enforcing employment law. Include how cases are settled before and
during formal legal proceedings. (1.1, 1.2, 1.3)
1.1– Explain the aims and objectives of employment regulation
Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of
labourers passed in 1349 and consisted of regulations and price controls issued by King Edward
111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time by
the Justice of the peace. The ordinance was written in...show more content...
Common Law has an equal footing to that of statute.
(Wikipedia 2016a)
In addition, we have European law, a major source of legislation related to employment matters for
example, treaties (applies to trading activities across the UK), Regulations, Directives (UK
Legislation) and decisions, which set precedence and legal test.
1.2– Describe the role played by the tribunal and courts systems in enforcing employment law
The role of the tribunal and court systems in enforcing employment law is to ensure that cases
brought before them are dealt with in a fair and consistent manner. Delivering an outcome that is
consistent with the facts put before them. They have to consider the evidence placed by both the
employee and the employer. In most cases it is for the employer to prove that they handled the case
appropriately taking account of their internal procedures and ensuring that they were not in breach of
any relevant employment legislation related to the employee and their circumstances.
In the UK most employment law is considered as a civil or private law and is enforced as a result
of one party suing another. The primary outcomes sought is usually that of compensation. Cases
brought before the court are generally made by a former or existing employee or a failed job
applicant and they use the courts system to allege that their employer has in some way caused a
detriment and has done this in contravention on the law.
Structure of the courts

Essay on Employment Law
Employment Law The purpose of this paper is to analyze a specific, hypothetical employment
situation encountered and to include the information regarding employment conflicts, questions,
grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment
conflicts are a constant issue everyday in any organization; it is how you handle them both legally
and professionally that counts. Employment Law Situation In this situation an employee, new to
office politics was continuously making slanderous or racial remarks. Not that they were blatantly
slanderous or racial he did them ignorantly. The employee would make remarks such as "old people
should not drive. Anyone over...show more content...
This is not just employers but employees as well. When the employee was confronted about the
situation, he said that the person he said these things to was agreeing with him; however, it was
brought to the employee's attention that it was not that particular employee that complained,
rather a group of people who overheard this. Of course, this upset the employee stating that the
other employees were eavesdropping and should not have been listening to his conversations. The
manager had to remind the employee of the laws pertaining to harassment and that it did not
matter if he had said it directly or indirectly to the offended employees. Effectiveness of the Law
The employee had received training in diversity and had completed a required tutorial on
workplace harassment. The law is very clear in respect to workplace harassment and the employee
was reprimanded appropriately. As he questioned his actions and what exactly he had done, the law
provided very specific answers. When reminded of his tutorials, he abdicated that he had done
wrong and accepted the consequences. Actions Required by Law Appropriate action is required by
law. Once information is gathered, it must be concluded as to whether or not some form of
discrimination or harassment occurred. Then it is up to the organization to figure

Employment Laws and Regulation Essay
Introduction
The American employment laws are designed to foster human dignity and in the process provide
employees with various tangible benefits. It is therefore expected for employees to be on the
forefront in supporting and adhering to them. Likewise if an organization applies effectively these
laws, it can benefit massively from dynamic, healthy, motivated, and productive employees. It
therefore goes without saying that managers, just like employees, should promote these laws and
thus ensures the organization conforms to them. Generally these laws govern the workplace actions
of employers and employees. It ensures a fruitful and legally conducive environment and relationship
exists between these two parties, and within employees...show more content...
The general principal behind this act is to ensure employees welfare and quality of life is
safeguarded. Employees should therefore welcome and support any effort by the organization to
adhere to its recommendation. Furthermore, adhering to this law ensures compensation
discrimination is avoided. This is especially true considering FLSA was amended by the Equal Pay
Act (EPA) in 1963. As a result, employers are restricted from paying unequal salary based on ones
gender. Employees should be compensated equally provided they perform similar jobs,
encompassing similar responsibilities and under same conditions (Ross, 2011).
As already pointed out, restructuring involving mergers and acquisition sometimes usually involve
replacing and/or eliminating some job positions. Such restructuring are mainly intended to make an
organization more effective by eliminating unproductive process or cutting down unnecessary cost;
such as employee related cost. While these actions might position the organization competitively in
the market place, it can potentially harm some employees. Nonetheless, the unemployment
compensation law is a regulation that aims to promote human dignity by providing monetary support
to those employees who have lost their job through no fault of their own. The employers can support
this regulation by adhering fully to tax laws that support this program. This is because it is from
these taxes

In order to discuss and analyse the above statement, in depth reference will be made to various
documents which can in some circumstances relate to contracts of employment and whether those
particular documents which are not contractual can be incorporated into a contract, creating legal
enforceability for employers and employees. Firstly it must be established what exactly is a contract
of employment.
A contract of employment is an agreement between an employer and employee, forming the basis of
an employment relationship; enforceable by law. Contracts of employment may be given orally or in
writing: Employment Rights Act 1996 s 230(2) and commence immediately. Actual written contracts
require an employee's signature and the signature of...show more content...
The case of Gascol Conversions v Mercer demonstrates an instance whereby the statutory particulars
were held to be the contract, as the statement of the written terms had been sent to the employee who
had signed them and a receipt. In other words he was agreeing that the document accurately
represented the terms of the employment, he had signed what he acknowledged to be a written
contract. Clearly demonstrating that a document that is not itself contractual can be incorporated
into a contract, it is thus possible for what would normally be a section 1 statement to be
transformed into a formal written contract by the parties signing it . Later cases showed a somewhat
opposing view
System Floors (U.K.) Ltd. v. Daniel
[1982] I.C.R. 54, noted (1982) I.L.J. 118. Employment Appeal Tribunal.
This was not really a contractual term at all, but a factual statement, probably inappropriate for
inclusion in a contract.
When starting employment, employees will often be provided with a substantial amount of
documents, these may be in the form of works rules, company/employment handbooks and policies.
Documents like these could if proven, have some contractual effect by way of express or implied
incorporation or custom

Equal Employment Opportunity Essay
Throughout the years the United States has faced many challenges with equal employment
opportunities for everyone. The United States has developed The Equal Employment Opportunity
Commission, also known as the EEOC, to enforce laws that help prevent everyone from being
treated unfairly when it comes to employment options. The EEOC has established stipulations and
overlooks all of the federal equal employment opportunity regulations, practices and policies
("Federal Laws Prohibiting Job Discrimination Questions and Answers"). Some laws that have
been passed are the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Age
Discrimination in Employment Act of 1967. Although some discrimination is still a problem, all of
these...show more content...
With the same exemption as Merit System, Seniority Plans are also exempt which means that a
company that ties pay notes to seniority can pay a man more if he has been with the company longer
than the female co–worker. In conclusion the EPA indicates that any other factor other than sex may
be used to justify different pay rates (Gomez–Mejia, Luis R.). Industries of commerce and
productions of goods for commerce have depressed wages and standards of living based on sex
which resulted in the declaration of purpose. The EPA is necessary for every one's health and
efficiency. The purpose of declaration is that discrimination of sex in the work force prevents the
most efficient level of labor resources, causes problems with in the labor force, prevents and
burdens commerce and symbolizes an unfair competition between individuals. This is one of the
reasons why the EPA is created to solve these complications. If employers use sex discrimination in
the work force they will face penalties. Some penalties are fines and imprisonment, employers are
liable for damages done to the employee, employer must pay wages and compensation that was held
from the employee and the employer must provide savings provisions ("The Equal Pay Act of
1963"). Preventing sex pay discrimination is just one way that Equal Employment Opportunities
Commission is trying to make everyone equal. The Title

Employment Law Essays

Recommended

Recommended

More Related Content

More from Paper Writing Services Reviews

More from Paper Writing Services Reviews (20)

Recently uploaded

Recently uploaded (20)

Employment Law Essays