Generally, the paper 'Employment Law Services in the United Kingdom" is a perfect example of a management case study. In the United Kingdom, all employees have employment rights despite the type of work they do. The employers have to make sure their workers are treated lawfully and in a right manner. There are many tribunal cases that come up every year because many of the employers treat their workers unlawful, in addition to failure to issue contracts. Some also do not use lawful procedures while dealing with their employees and never make professional actions when firing employees.
However, employers should have the correct documents, support and advice in order to comply with the United Kingdom employment laws to avoid wasting time and unnecessary costs. Additionally, they are supposed to be aware of how to deal with issues regarding, promotion, dismissals, grievance complaints, disciplinary actions and recruitment, in terms of their employment rights. Therefore, the employees are entitled to rights such as, absence from work, paternity, maternity, family emergencies, their wages, airing out their grievances and right for flexible working.
Most importantly, they are not to be discriminated despite against regardless of race, gender, disabilities, beliefs, religion and gender (Pettinger 1999, pg 57). In this regard, this paper aims at discussing the two scenarios explaining the key legal issues involved in a tribunal in determining the outcome of the two cases. Employment law services are meant to meet the needs of managers, proprietors, business owners, who require employment law documents and advice. Alternative dispute resolution is a type of mediation that is used to resolve disputes between two or more parties.
The mediator helps the two parties settle their own disagreements by expressing their own opinions about the case. Additionally, the mediation follows a certain timetable and structure than ordinary negotiation. The process is, therefore, private and confidential, asserts Pettinger (1999, pg 66). For the case to continue, the mediator must be present. However, the mediators use several methods to improve the discourse between disputants, to help them come up with an agreement. This is because the disputant relies on the mediator’ s training and skill to come up with the same agreements. Some of the disputes that a mediator may be required to come in are legal, commercial, family matters, community, workplace, and diplomatic issues.
For example, when workers go on strike they may require a third party to help negotiate their problems and come up with an agreement between the organization and the workers. John Davies case is an example, of an employee whose rights have been defiled. He has been employed for two years by a small market research company which only employs 10 people. His work involves organizing online market research surveys, internet searching, reading and summarizing data for clients thus producing report under tight deadlines.
However, due to his age, his performance has gone down due to severe migraines. This attacks often recur 2 to 3 days pushing him to take 15 offs a month. Because of this, his employer has become concerned with his performance and often rates his performance as poor. In addition, he has blocked him from applying for promotion although he is qualified. He claims that he is disabled and therefore, not suitable for normal procedures like other employees.
Despite still being employed by the same company, Davies thinks that he has been discriminated upon because of his disability. His employer has also not shown him any leniency and suggests that they have been more lenient with him since he is still employed but cannot go further than that since their performance depends on all employees’ performance. The company also claims that they lost one of their customers because of Davies failure to complete his report on time.
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