This assignment covers all the content needed for Assignment 1 in the Unit 24 - Employment Law. All content can be easily accessed through the contents page and all references to where I accessed the information is also readily available at the end of the document. This essay received a D* and both...
Does not meet the Merit or Distinction criteria as there is no reference to decided cases or statutes as per the assessment criteria for these two grades.
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Analysing Employment Law Name
Assignment 1: Analysing Employment Law
Unit 24: Employment Law
[Name]
Department of Business, [College]
[Assessor/Teacher]
[Date]
1
,Analysing Employment Law Name
Contents Page
Section 1: Understanding Employment Law
- Part 1: Employment Law and Rights
- Part 2: Basic Employment Rights
Section 2: Contracts
- Part 1: Different Employment Contracts
- Part 2: Forming a contract
- Part 3: Written statements
Section 3: Non-compliance
- Part 1: Reasons for contract of employment and statement of particulars
- Part 2: Effects of non-compliance with the statement of employment particulars
Section 4: Duties and its Impacts
- Part 1: Duties of the employer and employee
- Part 2: Analysing the impact of employment rights on employees
Section 5: Employment Rights and its Impact
- Part 1: Jacob and Rights to Documentation
- Part 2: Ahmed and Rights to Minimum Wage
- Part 3: Joan and Rights to Equality
Section 6: Equality, Ethics, and the Law
- Part 1: Discussing Equality
- Part 2: Equality Act 2010 and Equality Training
- Part 3: Prohibited conduct and discrimination
Section 7: Support for Equality
- Part 1: Organisations supporting employer/employee rights
Bibliography
2
, Analysing Employment Law Name
Section 1: Understanding Employment Law
Part 1: Employment Law and Rights
Employment Law describes the regulation between the relationship between employers and
employees. The law is designed to govern what employees are expected to do within their work,
what employers are expected to provide to employees and working rights 1. The nature of
employment law is highly dynamic as it is subjected to frequent legislative and case law
development as employers face continuing pressure from social reform and change 2.
Employment rights are only given to those who are currently classed as a worker, which is a person
who has a contract or other arrangement with an employer to fulfil work in exchange for a reward,
and this contract can be both written and unwritten 3. An employee’s rights are an overview of all the
necessities that an employer needs to provide to them which are legally obligated, and these rights
can differ depending on the type of employment an employee falls under 4.
Part 2: Basic Employment Rights
Pay
Anyone working for a company is entitled to what is known as the NMW (National Minimum Wage)
which is the lowest amount of pay an employee is entitled to per hour. This pay differs upon how old
an employee is, with under 18’s having a NMW of £4.62 per hour, 18 to 20 having £6.54, and 21 to
22 having £8.36. However, when employees reach 23+, they are then legally entitled to the NLW
(National Living Wage) which is the highest band of NMW 5. Deductions in pay do occur in jobs,
whether it be from legal authorisation or if there is a provision in a worker’s contract, but unlawful
deductions are ones in which there is no legal justification for removing pay. Employees have a right
to not be subjected to illegal deductions, and if they are then they can file a case against with their
employer6. The next right is holiday entitlement (also known as statutory leave), which is a legal
entitlement to have 5.6 weeks’ (28 days) paid holiday a year. However, there is a difference between
part-time and full-time workers holiday, as part-time workers are entitled to the same holiday pro-
rata (in proportion7) to full-time workers. To simplify, a part-time worker gets a holiday entitlement
based on the no. of days worked multiplied by the same multiplier as a full-time worker which is
5.6x, which maxes out at 28 days statutory 8.
Moving on, full-time, and part-time workers must legally have the same hourly pay rate when doing
the same job, although this does not mean that part-time workers are entitled to have company
bonuses unless stated within the employee-employer contract before employment began. Finally,
there is the timing of payment which is when employees are made aware of how and when they will
be paid. The payment timings can differ from job to job, some operate on an hourly basis or pay-as-
you-work scheme. However, most employees will be paid a salary per year, which will be paid
through monthly increments and the date they are paid must stay consistent and predictable as to
ensure employee finance. When being paid, employees are entitled to have a written pay statement
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