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Nov 28, 2019 in Analysis

Assessment

The Start of the Employment

The impacts of employment law at the start of the employment are underpinned by the factors of the so-called employment relationship, which includes internal and external factors. Among internal factors, it is necessary to emphasize on the work culture as long as it is a source of an organization’s ethical code, mission and vision, as well as its working atmosphere. Namely, culture is a basic component of the employment relationship as it creates preliminary conditions for the organized and cooperative work. The second important factor is a type of the employment contract. It is the main document, which is expected to clearly outline and regulate the responsibilities and rights of an employee and the employer. The contract regulates length of the working day, day-offs, and salary rules. Thus, a potential employee is strongly recommended to examine an employment contract carefully since ignorance of certain issues does not take away the responsibility for to them. It is important to note that the type of contract depends on a wide range of aspects, which are related to the suggested job offer.

In regard to the external factors, it is to be admitted that the law itself is the most powerful factor as long as it rules the entire relationships of employment. It regulates, controls, and restricts the processes of employment relations. Still, it does not have to be regarded as a negative phenomenon as it provides employers with an employment framework and guidelines, which are particularly focused on the improvement of the employment relationships, especially from the perspective of potential employees. The second important external factor is the economy as it primarily influences the availability of job offers. In addition, economic instability heavily affects the salary rates. The law, however, considers this point, but it is pivotal to mention that the quality of salaries does not mean the stability regarding consumer goods, utilities, etc. As a result, economy affects employment relationships without much respect to the officially paid wages.

 
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Types of Employment Status

The main types of employment status are a worker, an employee, an employee shareholder, and self-employed. Regarding a worker type, it is to be said that an individual is given a contract, which obliges him or her to complete a certain amount of work so that the reward can be in a form of money, or further job offer as for an employee. Thus, an employee is a person who works under the terms of the employment contract. An employee may obtain this status in terms of the employment law but be regarded as the other type of employment because of tax purposes. As for an employee-shareholder, this position can be termed as an employee who works under the employment contract and obtains more than 2, 000 pounds of shares in the organization-employer or parent corporation. Eventually, a self-employed person is an owner of his or her private business, where he or she is responsible for failure and success. Self-employed individuals work on their own and are not subject to employment’s rights and responsibilities and are not paid via PAYE. The reasons for being aware of the employment peculiarities are quite evident. First of all, employment status determines the rights and responsibilities of an individual. In the same way, it outlines the responsibilities of an employer regarding a particular representative of the organization. What is more, employment status, as it has been already mentioned, identifies the related taxes to be paid. Again, these facts should be considered to avoid the violation of the employment law or fall the prey to forgery or any other fraud activity. All in all, the above mentioned are the main points concerning the types of employment status and the necessity for its awareness.       

Employee Rights during The Employment

Further, it is necessary to pay attention to such component of employment as work-life balance. This term can be defined as a complex of considerations, support, and advice for the employees in order to stimulate and secure their productivity, commitment to the occupation, and general well-being. Needless to say, these aspects are supposed to meet certain legislative requirements. Therefore, the legislation of work-life balance comprises the following elements: annual leave, working time, time off for dependant care, maternity leave, and paternity leave. These issues are extremely important and need to be given an account in detail. Besides that, it is essential to emphasize the fact that they are described from the perspective of the law and should be remembered. By the same token, it is worth admitting that every single contract presupposes a fixed amount of hours. In such a way, the law determines an average amount of working hours as 48 hours per week. Doubtless this amount may vary, but the wages and rest time are increased accordingly so that this point is also mentioned in the contract.

Hence, regarding the time off, it is important to admit that every single organization is required to determine shift schedule, according to which the employees should perform their duties. In other words, this schedule has to regulate the amount of working hours, days-off and holidays, as well as time off because of illness or illness of a child. The length and number of the outlined aspects depend on the related law, working conditions, and features of the industry, in which the organization performs. In addition, it is pivotal to pay attention to rest hours and night shifts. Overnight working hours are commonly recognized as harmful to human health and are supposed to be rewarded on a particular basis. Rest hours are a basic requirement for the work-life balance because it refers to multiple employment and administrative laws. Being a basic component of work-life balance legislation, this issue bears a number of peculiarities, which are worth discussion.

To be more exact, paternity, maternity, adoption, and dependant leaves should be described further. Regarding maternity leave, it is a period of twelve months given to any employed woman who is going to give birth. It is also quite a peculiar fact that a woman can return to her work anytime during six months after the maternity leave expires. In a similar way, paternity leave presupposes 26 free weeks for males, whose women have given a birth. They are allowed to share the maternity period so that a newborn child can get the attention of the both parents. Needless to say, parents are supported with a Statutory Pay as long as they are currently not receiving their wages on a normal basis. Still, employees on a parental leaving should be regarded as the average employees so that basic requirements of the contract regarding security of confidential data, devotion, and administrative responsibilities are adhered to. 

Concerning adoption leave, it is worth saying that it is not equal to parental leave because of several issues, which are the following. Statutory Adoption Pay is provided only for the main period of adoption that is why any peculiarities of contract cannot provide an employee with additional legal payments. On the contrary, an employee still has the same rights as a regular staff. However, it is only one aspect in which parental and adoption leaves coincide. Eventually, dependant leave is totally unpaid. It includes a reasonable period of time during which an employee (not a worker) is legally allowed to leave the workplace in order to take care of a person, who is physically dependent on the employee, in order to provide the first aid or take special care. The occasions that may require dependant leave have been specified by the EU Minister Council in 2010, but they do not require being supported by any particular evidence. An employee should inform the employer about their dependant leave without giving a distinct reason and tell at least approximate time when he or she will be able to come back to work.

In addition, nobody would deny the fact that every single employee should be treated fairly in terms of his or her wages. The first reason for that is also obvious. Salary is commonly recognized as the reflection of the amount of work and efforts made by a particular employee. To put it in a simpler way, employees should be paid in accordance with what and how much they have done regarding their working responsibilities. It would be quite unfair to pay equal salary to employees with different levels of qualification, working experience, and job difficulty. Besides that, it is crucial to note that working duties should be also measured from the perspective of safety as long as there are a wide range of industries, which are closely related to the threat to health and life of employees. This aspect is also important. The second reason is based on the fact that excessively unfair wages will lead to the problems within the organizations. Breaches of the ethical code, lack of motivation and commitment will result in poor performance of the organization. To the broadest extent, low wages cannot provide employees with a sufficient well-being so that the productivity of every single employee will be decreased. In such a way, reasonable salaries are a key factor regarding the employment law and effective performance of the organization-employer. However, fair treatment is required for the other important aspects, which should be also described.

To be more exact, the concern of discrimination and harassment is extremely pivotal. Therefore, employees are protected from any abuse by the law. In fact, the employment law gives a right to any citizen of the United Kingdom to get employed without any respect to their race, nation, culture, and religion. Also, employees cannot be abused in any way such as punishment, penalty, or any other way of physical aggression from the side of the employer or other employees. Harassment and Abuse Protection laws include multiple aspects. Thus, a general law was adopted in 2010. This law is called Equality Act 2010 and includes the following laws: Sex Discrimination Act, Employment Equality Regulations, Disability Discrimination Act, and Race Relations Act. 

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It is clearly seen that the employment law restricts any discrimination at the workplace. However, discrimination can be direct or indirect. Indirect discrimination implies lower wages or additional responsibilities for a particular employee. In this case, the employer or other employees do not openly express their negative attitude. As for the direct discrimination, it is the most severe form of harassment as long as the employer or other employees do not hide their intention to harm a discriminated employee. In such a way, this Act keeps protecting groups that have been already covered and those who need protection of the law. In addition, the difference between harassment and victimization should be explained. Harassment is a form of discrimination, which means that a discriminated individual is abused without physical or sexual aggression. It can be offensive tone, ignorance or any other method of psychological pressure on the discriminated individual. In consequence, victimization implies physical or sexual abuse so that the crime should be referred not only to the employment but also criminal law, as well. All in all direct discrimination includes:

  • Offensive tone and verbal abuse
  • Physical or sexual abuse
  • Ignoring a discriminated person

Indirect discrimination usually means:

  • Depriving a certain employee of the common right
  • Implied discussion and judgment of this person in a negative connotation
  • Labelling and suggesting to harass this indvidal 

Taking these points into account, a phenomenon of the ‘psychological contract’ should be described. A ‘psychological contract’ is a concept of informal relationships between employer and employee, which presupposes certain obligations and responsibilities. This approach develops a mutual respect and establishes certain ethics and ideology within the organization. Nowadays, this concept it commonly applied. Organizations implement this approach in order to create or normalize a positive working atmosphere, teamwork, and ethical background. The main idea of the ‘psychological contract’ is an informal willingness to cooperate and respect each other. Namely, employer and employees are encouraged to have a positive attitude towards work and make a workplace as comfortable as possible. Many organizations consider the ‘psychological contract’ to be a powerful tool for establishing the leadership within the company. It can be explained by the fact that admiration of a supervisor as a person is much stronger as a formal respect of an individual who obtains a higher position. In other words, a ‘psychological contract’ implies the establishment of relationships, which are not fixed by any documents, but are underpinned by personal mutual respect. This methodology is appreciated by the law, but, nevertheless, the law regulates working relationships. In such a way, the employment law does not allow an employee to take the responsibilities of the employer or make any important decisions on the behalf of the organization he or she currently represents. In a similar way, the employer is not allowed to promote or demote a person because of the personal sympathies to this employee, which may be considered as a discrimination of the other employees who may demonstrate better results but are not rewarded accordingly. To the broadest extent, the ‘psychological contract’ is not allowed to be used for personal purposes. Still, the law encourages the implementation of the ‘psychological contract’ as it ensures meeting the main requirements of the employment law. Even freelance copywriting agencies initiate certain psychological contracts. It is quite common practice to socialize with heads and team leaders in the informal way, congratulate on holidays and even offer personal help concerning certain domestic problems.

Termination

Among the most important issues regarding the termination of the employment relationship, it is important to emphasize on the differentiation of fair and unfair dismissal. Fair dismissal implies the fact that an employee has been made redundant because of his or her failure to meet certain requirements. In general, these requirements are outlined in the contract and general points of the employment law. In such a way, regular coming late, missing a working day, disability to cope with working duties, immoral and abusive behavior, violating important policies, or a personal will of an employee can be regarded as a basis for making this employee redundant. The extents, to which an employee is not dismissed but penalized, are determined by the contract and employment law so that conditions for making an employee redundant may vary. Still, an employee can ask for reconsideration of the decision for the dismissal. It can be done in case he or she is able to provide evidence that proves that the employee is not responsible for a certain failure, which has become a reason for the dismissal.

At the same time, it is worth saying that cases of unfair dismissal keep occurring on a regular basis in the United Kingdom. Therefore, the signs of unfair dismissal should be recognized. An employee cannot be dismissed as a result of discrimination. To be more specific, an employee cannot be made redundant because of race, nation, religion, or gender as long as these aspects are not related to the performance of the employee directly. In other words, this employee can be dismissed for neglecting working duties and rules but not for the personal features. Besides that, it is worth mentioning that an employee cannot be made redundant because he or she demands his/her rights to be considered by the employer. However, it is one of the most frequent cases of unfair dismissal. Thus, an individual is not recommended to hesitate if such an issue occurs and consult the related organization for getting a relevant legal advice.

The next important aspect of the termination period is the exit interview. It is essential to give an account to its benefits regarding the perspectives of employer and employee. First of all, employee is enabled to summarize his or her experience of working at a particular position and analyze the reasons for leaving this job or being dismissed. Still, an employee is given an opportunity to be given advice regarding the performance at the related work area. This point usually includes recommendations concerning the failures, which have been committed by the employee. Still, the exit interview does not have to be perceived negatively. An employee may be given advice on further job opportunities as well as receive some distinct recommendations for the related organizations. 

As for the benefits for an employer, it is necessary to say that an organization is able to summarize its experience regarding the work with a particular employee. As a result, it is given an opportunity to reconsider its policies or certain points of the ethical code. What is more, the employer may utilize exit interviews as a determinant of its success. To put in a simpler way, the employer can ask an employee, who is on dismissal, to provide feedback regarding his or her impressions from working at the organization. It is quite an efficient method as long as the employer collects the feedback from its employees and improves its human resource management regarding the related policies, ethical code, team building, and recruitment of the new staff. In general, these are the main benefits of the exit interview regarding the perspectives of employer and employee.        

Eventually, it is necessary to outline the important components of the redundancy process. First of all, the process of making redundant does not have to be associated with a conflict situation. Doubtless, the dismissal process is a potential threat to the atmosphere within a team, so that reasons for dismissal are required to be formulated as clearly as possible. As it has been already mentioned, the reasons for dismissal have to meet the requirements of the legal basis regarding the dismissal procedures. Then, it is important to note that dismissal has to be confirmed by the official letter, which clearly states the decision and reasons for the employer and the related law, which underpins the reasons for making a particular employee redundant. Needless to say, it is official and formal requirements for the process of making a certain employee redundant.        

Therefore, it is essential to note a psychological perspective, which is mainly referred to the individual conversation with an employee that is planned to be dismissed. Despite the extents of failures and harm, which this person has made to the performance of the organization, the employer is strongly recommended to start the conversation politely. Even more, the employer may suggest certain decisions for the dismissed employee, but it is the matter of the employer’s opinion about the employer’s performance and contribution to the success of the organization. Nevertheless, the employer is required to allow the employee to appeal their dismissal as long as the reasons for that can be affected by the implied factors. To sum up, redundancy process presupposes the following components: distinct explanation for reasons for dismissal, officially approved confirmation with reference to the related employment law, and the exit interview. Eventually, it is important to restore the working atmosphere in the ream as long as employees, who remained at their positions, are still feeling nervous about dismissal procedures within the company. Namely, they should be convinced again that the organization needs and appreciates their commitment. All in all, the key stages are reasoning of a dismissal, official, approval, exit interview, and empowerment of the team for the further work. These are the main points concerning the termination period of employment relations.

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