Essays on Employment Law in the Workplace Assignment

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The paper "Employment Law in the Workplace" Is a great example of a Management Assignment. In the contemporary world, the employer is faced with an increasing number of challenges particularly with regard to legal relations with employees. The contemporary employer is faced with certain demographic shifts that impact the way in which the business is run. Changing demographics have resulted in changing laws, regulations, and statutes aimed at dealing with social issues that arise from these changing demographics. One of the most fundamental aspects of demographics that have come to the fore in recent times is the instance of older workers at the workplace.

Social issues as a result of changing demographics have resulted in aspects of economics, health, and social aspects being protected by various legislations, statutes, and acts which protect workers and thereby pose legal challenges to the employers. This paper will seek to analyze the legal challenges which an employer needs to take into consideration in the management of an aging workforce in the face of various protections of workers put in place. Contract of Employment The employment contract is one of the most fundamental documents that the employer needs in dealing with potential disputes with employees over rights.

Contracts usually draw out the obligations and rights of the employees which are drawn out in express terms. Issues will, however, arise in instances of implied terms which make for differential interpretation since implied terms are drawn from different sources such as common law, statutes, custom, and practice (Blackstone's employment law practice 2011). As such the contract specifies the employer-employee relationship by determining issues of the breach, discrimination redundancy among others.

Terms implied by the common law will include aspects of business efficacy and officious bystander and examples are nondisclosures of information, mutual trust and confidence, be adaptable, the employer has to offer a safe working environment and the employee is expected to carry out their obligations. Terms are implied if they are necessary for business efficacy and not only for the reasonability of their application as was held in Liverpool v Irwin [1977] AC 239. There are terms implied by statute which will include the voidance of express terms that are less generous than those offered by statutes (Daniels, 2012).

One of the most important statutes relevant to this case is the Employment Rights Act 1996 s 1-12 which deals with the employment relationship. Custom and practice also offer an interpretation of contract terms on the ground of acceptance of the practice, the practice of which must be reasonable, notorious and certain as was held in Solectron Ltd v Roper [2004] IRLR 4. These will thus form the basis of the legal challenges in dealing with aging populations. Termination of Employment Faced with an increasingly aging population one of the remedies available for HR is to terminate the employment relationship with their elderly workers as a result of decreased productivity and efficiency.

A contract with regard to an aging worker which may result in legal complications may arise from dismissal, automatic termination due to frustration. It may also be unfair according to whether proper procedures were adhered to or not. According to Section 94 of ERA 1996, an employee has the right not to be unfairly dismissed by his employer.

It is based on the reason and procedures followed in dismissal and is presented to the employment tribunal for determination. Constructive dismissal may occur in dealing with aging workers since the employer may seek to alter the terms of the contract to reflect productivity. The employee may deem this a breach of trust and mutuality and assert that it is impossible to continue in the employment relationship as was held in Malik & Anor v Bank Of Credit & Commerce International SA (in compulsory liquidation) [1998] AC 20. However, there are reasons deemed automatically unfair such as dismissal on the grounds of protected characteristics such as age, race, gender, as set out in the Equality Act.

For an employer dealing with an aging population, they may be protected by s. 98 which sets out 5 potentially fair reasons for dismissal such as incapacity to perform their obligations which cannot be remedied despite best efforts (Baker & Smith, 2010).

Bibliography

Baker, A., & Smith, I. (2010). Smith and Woods' Employment Law, UK, Oxford University Press.

Blackstone's employment law practice 2011. Oxford, Oxford University Press.

Burnett, S., & Holland, J. (2007). Employment Law (Blackstone Legal Practice Course Guide), Oxford, Oxford University Press.

Daniels, K. (2012). Employment Law An Introduction for HR and Business Students, London, CIPD.

Slade, A. (2011). Tolley's employment handbook. London, LexisNexis.

Wallington, P. (2011). Butterworths employment law handbook. London, Butterworths.

Employment Rights Act 1996

Health and Safety at Work Act 1974

The Equality Act 2010

Trade Union and Labour Relations (Consolidations) Act of 1992

Trade Union and Labour Relations Consolidation Act of 1992

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