Employment law:

 

 

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 Introduction

The United Kingdom Employment law involves the legal relationship between workers, employers and the trade unions. The employment laws in United Kingdom are set by a Secretary of State under an Act of Parliament and Case Law. Case laws are developed by the courts. The employment law provides benefit to United Kingdom employees through a minimum charter of employment rights (Macdonald, 2012, p. 1).

Part A

Currently, United Kingdom does not have a consolidated statutory definition of workers to whom the employment rights and duties apply. According to ERA 1996 section, 230, a worker is considered to be someone who has an employment contract. The person must be performing the work personally and must not be a client or a customer.  Alan is entitled to a safe system of work (Factories Act). Alan, being a part time lecturer in Bruddersford Law School, is an employee regardless of the state of employment. The United Kingdom employment law requires that the employer to provide a safe and secure working environment for all the employees, both working on a full time and part time basis.

In the case of Autoclenz Ltd v Belcher, all employees are entitled to the same rights. This implies that Alan should be allocated his own office since he is a school staff. Additionally, Alan should be allocated roles and duties that he can manage during his working hours. For example, he should attend meetings and write course materials that are in line with his duty. The law also provides for employers to provide their employees with flexible working hours. The school management ought to provide Alan with flexible working hours that will help him to carry out his other duties (Macdonald L. A., 2003, p. 36).

According to the case of Gisda Cyf V Baratt Lord Kerr, the statutory minimum charter of rights must be adhered strictly by both the employee and the employer. The law requires that the employees to follow their employees’ instructions while in the work premises. Alan should, therefore, be allocated extra duties such as teaching and marking, and carrying out some of the administration tasks. His period of employment within the University cannot be relied on while making a decision as to whether to allocate him an office or not. Therefore, he is entitled to be allocated an office and a computer.

Part B

The Working Time Regulations (1998) sets limits on the minimum number of working hours. The regulations are vital in the implementation of Working Time Directive. The law helps to ensure that there is a balance between work and life. An employee should be allocated sufficient rest and leisure time. Health and safety of an employee is a critical element of the United Kingdom employment law.  The Maternity and Parental Leave Regulations (1999) provides that mothers must take compulsory leave during the time of birth for the first two weeks. After the two weeks, the mothers are entitled to six weeks paid leave. The paid leave is computed at the rate of 90% of the employees’ ordinary salary (Constantinos Parissis, 2000, p. 162).

Sylvia has a legal right of requesting for flexible working hours. The rights are granted to employees who care for someone such as a child or an adult. The right is known as making a statutory application. The Enterprise Act (2000) gives mothers the right to request flexible working patterns for the purpose of caring for their child. However, the child must be under the age of 6 years. In case of a disabled child, it is eight years. The facts are highlighted in the case of Qua v John Food Morrison Solicitors. Sylvia is entitled to be allocated flexible working hours that will help her take care of her small child.

According to statistics, 80% of the requests have been granted. However, Sylvia should make the request in writing. The employer must also reply in writing. The employer can only decline the request on the basis of a correct factual statement. In the case of Commotion Ltd v Rutty, an employee can only be granted flexible working hours on the basis of the business and organizational necessity. Due to lack of enough staff to cover the morning sessions, Sylvia will have to work from 9.30am to 1.30pm (Chandler, 2003, p. 181).

 

 

 

 

 

 

 

 

 

 

References

Chandler, P. (2003). Waud's Employment Law: The Practical Guide for Human Resource Managers, Trade Union Officials, Employers, Employees and Lawyers. London: Kogan Page Publishers.

Constantinos Parissis. (2000). Enforcing EU employment law in the UK : the pending directives on individual labour law and the consequences of their forthcoming implementation. Manchester : Constantinos Parissis.

Macdonald, L. (2012). Tolley's Managing Fixed-Term & Part-Time Workers. London : Routledge.

Macdonald, L. A. (2003). Managing Fixed-Term and Part-Time Workers: A Practical Guide to Employing Temporary and Part-Time Staff. London: Routledge.

 

 

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