Evaluation of concept: Meaning and Purpose
Employment law/regulation governs the employment relationship between employers/businesses and employees. It is a set of laws, rules, and policies that guide contractual arrangements, changes in the contract, employment status or legal classification of employees (types of worker), employee rights, and overtime conditions including their compensation. In the UK, employment law also includes other statutory rates and legal requirements about different aspects of employment relationships such as recruitment, entitlements (holiday and leaves), maternity and paternity rights, working hours, discrimination (direct and indirect), and dismissal procedures, among others.
The purpose of employment regulation is to ensure that the work arrangement works well for the employer and employee. CIPD views that it also exists to guide policy-makers to achieve objectiveness and effectiveness in reinforcing the rights of employees and workers, clarify protections for easier and improved enforcement, and streamline tax obligations for employers. Employment regulations, therefore, facilitate the implementation of government policy, and compliance in relation to international legal obligations, and enforce expectations and minimum standards consistently to level the employment field.
Aims and major developments
To protect the rights of employees
Employee or worker rights is a sensitive topic in employment law but significant in establishing clear employment areas of the laws to guide how the rights are protected. This objective is regulated by the Employment Rights Act [ERA] 1996 which ensures that employers recognise and protect employee rights. Such rights in the UK employment environment include work terms and conditions, pay (getting minimum wage), leaves, entitlement like holidays, shielded from unfair deductions, and prevention from unfair dismissal by the employer. The purpose of ERA 1996 is also to promote compliance with the goals of international employee legislation as articulated by the International Labour Organisation (ILO) in reinforcing employee and worker protection. In the people profession, it is evident that HR should spearhead the responsibility of employers in shielding employees from discrimination as far as their rights in the workplace are concerned. The current changes or developments in employee rights include the new right to request better contracts (predictable and stable) once someone has completed 26 weeks in an organisation, flexible working rights according to the Employment Relations (Flexible Working) Act 2023 which is commonly referred to as #Flexfrom1st law and the Carer’s Leave Act 2023 that has expanded the rights of carers.
Promote a safe working environment
According to the Health and Safety Executive (HSE), employment regulation obliges employers to promote a safe working environment to improve employees’ mental and physical health and wellbeing. An example of the guiding law is the Health and Safety at Work etc Act 1974 which ensures that organisations establish policies based on regulatory standards, especially on making the workplace healthy. This is through establishing standards and frameworks to prevent employee injuries and accidents such as the provision of protective gear or clothing, maintaining office spaces and amenities, and maintaining proper ventilation. This objective helps prevent grievances that would harm the company's reputation or have legal proceedings costs affecting financial health. It also illuminates how organisations can comply and conduct compliance audits regularly based on legal obligations to avoid legal problems.
To ensure fairness and justice in the workplace
According to the Equality Act 2010, men and women should have equal opportunity to access opportunities and be shielded against any form of discrimination. This law is underpinned by the employees’ protected characteristics namely age, race, religion and religious affiliation, sex and sexual orientation, gender, disability, marriage (civil or partnerships), etc. This implies that employers are obliged to protect workers from unfair treatment or unfair disadvantage directly through managers and supervisors, and indirectly through company rules and policies, victimisation, and harassment by colleagues. Some of the areas that this objective applies include pay fairness especially when employees perform equal-value work, compensation for meeting reward policy standards, hiring practices, promotion, and L&D programs. The importance of this objective is to promote the recognition that employees’ protected characteristics are strengths in establishing a safe space for all demographics and a just working environment. It is critical to eliminate unethical practices. The major developments include establishing Equality, Diversity, and Inclusion (EDI) practices to build a culture where people feel safe and belong and align with Environmental, Social and Governance initiatives.
To support collective bargaining
Employment regulation aims to promote employees’ collective bargaining. Its purpose is to ensure workers and employees have better welfare and access to representation from trade unions or professional bodies such as work councils. This objective helps employees negotiate for pay, work terms and conditions, or resolve conflict. The key laws are the Trade Union and Labour Relations (Consolidations) Act 1992 and the Trade Union Act 2017.
Conclusion
Employment law facilitates better employer-employee relationships. Some of the benefits include improving employee protections, promoting fair treatment of workers, improved productivity and business success because it leads to a safe working environment, and gives people a voice through collective bargaining. However, due to current shifts in the world of work such as hybrid, flexible, and remote working, wage structure changes, revised laws, employment regulations enforcement problems in areas not well outlined, employment status changes, and increased tensions and conflicts resulting in more tribunal claims.
FAQs
What are the aims or objectives of employment regulations in the UK? See also: https://www.bbc.co.uk/bitesize/guides/z49xxyc/revision/1
What areas does employment law cover?
What is the Importance/Impact of UK’s employment laws to employees?
Employment Legislations in the UK and their Objectives.
Explain the potential employment regulation issues in people profession.