Human Resources Management Coursework Essay Research

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Impact Of Employment Law On The Employment Relationship
Employment law provides a legal link between employers and employees. The Chartered Institute of Personnel and Development (CIPD) outlines that employment law is the crucial regulation determining what employers should expect from their employees and vice versa, as well as the rights of employees based on their working relationships with their employers. As such, employment relations are formed through reciprocal rights and obligations of both parties to each other. As relationships between employees and their employers become more complex and the risk of conflicts increases, employment laws in the UK are the primary reference for interpreting employment relationships. This leaflet explores the diverse aspects of these relationships in the context of employment laws.
Employment Law at the Start of Employment Relationship
Both employers and employees operate in an environment that is perpetually changing according to prevailing circumstances. External and internal factors significantly affect the way the two relate and the success of the employment relationship. Effective employee engagement relies on both parties' abilities to understand these factors and the level of control they have over them.
Internal factors affecting employment relationships are summarized below:
However, the two most notable factors in the relationship are culture and internal processes within the firm or institution. Culture includes values cultivated within a given society for centuries (Diamantidis and Prodromos 172). Consequently, individuals operating within such communities are expected to adhere to society's cultural norms and the norms within the organization. For instance, expatriates, just like new employees, are expected to adjust to their organization's norms as they forge positive relationships with their employers. Internal processes within the organization are also critical in shaping the way employees relate to their employers. These include the organization's activities, strategies, and goals. Employers prefer working with employees who can align their ambitions to the firm's procedures, developing positive working relationships with such individuals.
The PESTEL model is best suited for analyzing the external factors that impact employment relationships.
Political Factors- influence by worker unions, government policy
Economic Factors- employee remuneration compared to cost of living, state of the economy
Social Factors- demographic changes, public perceptions of the organization
Technological Factors- technological changes affecting employee relevance to the firm, adaptation of technology in the organization
Environment- transport to the workplace
Legal-change of laws that could entice employees to look for work elsewhere.
The most critical external factors impacting employment relations are the cost of living and changes in laws and policies that destabilize the work environment. An increase in basic commodities prices is a likely cause for friction between employers and employers as workers negotiate for higher wages. Alternatively, changes in laws may make some industries more lucrative to work in than others. As employees seek to exist to the more enticing ambitions, mistrust and suspicions may arise between them.
Employment Status
Employment status is legally categorized as a worker, employee, and self-employed in the UK (Advisory, Conciliation and Arbitration Service).
Employee
An employee is bound to his/her employer by the terms of the contract. The contract does not necessarily have to be written. It can be oral or implied according to the relationship's nature. Most importantly, the employee has to do the work personally, and the employer is obliged to accept the work done. The employer has to provide regular work for the employee and remuneration within the agreed time. The employer has the right to exercise a level of control over the employee, such as choosing where they will complete the work.
Worker
The main defining feature of the worker status is the casual nature of the relationship with the employer. Just like in the case of the employee, the worker has to do the work personally. The relationship is legally binding through a verbal or written contract. However, the worker is not obligated to receive work but is rather required to complete the work agreed upon (Advisory, Conciliation and Arbitration Service). The worker status allows individual rights such as minimum wage, protection against discrimination, paid holidays, and fair treatment at the workplace.
Self-Employment
Self-employed individuals are personally responsible for the time and how they work. They seek contracts to provide their services or can find others to do the work for them. Through freelancing or ownership of businesses, the self-employed have to invoice to get paid. However, they do not receive constant pay but are rather rewarded according to the contract negotiated with the client. Their independent nature means that they do not get paid for holidays or sick leave. They enjoy rights such as protection from harm or discrimination while at the client's premises and health safety. The self-employed status is likely to shift to worker status if they get work through an agency. In such situation, the person is a contractor and will operate under the worker status.
Relevance of Employment Status
Determination of an individual's employment status serves the crucial purpose of understanding one's rights, obligations, and benefits to the status and employer responsibilities. Employment status ties to legal provisions regarding employment rights such as minimum wage, paid holidays, sick leave and redundancy (Mullen, Kelloway and Teed 406). Alternatively, the status is key to understanding one's tax obligations under the UK law. Considering the risk of fines for non-adherence to tax obligations, understanding one's employment status is crucial in avoiding ignorance related to tax obligations. Other benefits such as medical cover, employer provided insurance and pensions are also crucial aspects of the employment status. Employer responsibilities to employees are also part of the employment status. For instance, an employee has to be provided with regular work as part of the employer obligation.
Individual Rights in Employment Relationships
Legal provisions under employment laws significantly influence employment relationships. These individual rights protect employees against exploitation while also providing safe and conducive work environments. The rights are also necessary for protecting employees' status when they are out of work, such as in the case of disability.
Work-Life Balance
Striking a work-life balance is a critical aspect of legislation targeting to provide conducive work environments for employees while ensuring parents have enough time with their families. The Flexible Working Regulations 2014 grants employees a right to request flexible working if they have been employed for more than 26 weeks and have children below 17 years or disabled children under 18 year (Working Families 1). Flexible working grants eligible employees the right to request a change of working hours, working days and working from home. Under such circumstances, the employer can only reject the request for statutory business reasons. Amendment of the Flexible Working Regulations in 2014 signified a positive step towards providing workers with an environment where employment laws catered for their personal needs. Night working, paid leave and holiday entitlement are some of the critical aspects of UK employment laws.
The Employment Rights Act 1996 provides most of the provision for the protection of employees and various associated benefits. Employees can take parental leave to care for a child below 18 years as long as the employee provides a 21 days' notice. However, if the employer a lacks a parental leave agreement the employee can only take up to four weeks leave per years per child. Alternatively, parents can take unpaid time off leave for dependents in emergencies such as illness or childcare. Work-life balance also grants employees the right to refuse a change of contract if it interferes with work hours to the extent that they cannot adequately balance the between working hours and personal life.
Work-life balance
Legal Support to Employees as Family Members
Maternity Leave
Employees who have been working for the same employee for 26 week continuously are entitled to up to 52 weeks of paternity leave. Usually, the first 26 weeks apply for normal maternity leave where the employee receives the full amount of their total weekly earnings. Whenever the employee decides for an extension of the maternity leave, the full amount is paid up to the 39th week. The amount then reduces to 90% of their weekly pay for the rest of the period (Feeney and Stritch 433). The organization may also pay for the full amount of the employee's wage for the whole...