The employer should abide the term for employee to have a safe working environment. In failure to do so the employee might get hurt therefore the employer will need to give compensation to the employee. This will give a bad reputation to the company.
The employers need to treat everyone with reasonably if not then this is a discrimination and the employee can take then to the employment tribunal and the employer will be dismiss. This may lead to awarding the employee compensation. Also the employer will get a bad reputation.
The explicit terms which was listed above and cover such as hours of pay, notice period etc which will be stated very clearly. If there was no terms and conditions then it would be difficult to solve any dispute. If they are clear then the employees and employer know what their rights and responsibilities are. Also know where they stand at. If dispute does happen then it will be easier to sort out as they can refer to the terms and conditions to see who is right. For example if the employer asked the employee to work on Saturday but the employee refused to do so, then the employer sacks the employee. But the employee can take the employer to an employment tribunal for unfair dismissal. The employee will win the case as the employee’s shows their terms and conditions and shows that the employee working hours are Monday to Friday. Another example would be that the business should give training to all employees as it written in terms and conditions. But if training in not given then something might happen which is not good for the business. If the employee does any accident then they can lose their job and be prosecuted. If training is given then it increases more reputation to the business.
As well as implied and explicit terms and conditions of employment, all employment law applies to both employer and employee. These laws all been listed before in my assignment.
The Race Relations Act 1976
This term makes it unlawful for any person to be discriminated by their race, nationality, ethnic, origin and ground of any colours. Both direct and indirect discrimination apply in this term. It covers employment, educational, vocational training, social protection and access to goods and services. There are a few important circumstances under which discrimination may be justified. If anyone is being racist to the employee then the employer can go to jail then be put in jail for racist remarks or actions if not they need to give evidence why they not employing the person. This all leads to a lot of complications and the business reputation will be low and maybe ruined.
Working Time Regulations 1998
Under this term all employees are only allowed work for up to 48 hours maximum per week, averaged over a 17 week period, unless they are in an excused occupation. The ages 16-18 year olds are limited to working 40 hours a week and are not allowed working on night shifts. This term include most workers to have statutory rights to four weeks paid holiday. If the employee worked more then 48 hours then they can take the employer to tribunal employment and then the employee will be given compensation and lose money.
The Disability Discrimination Act 1995
This term protects those people with disabilities against discrimination in employment when obtaining goods and services, buying/renting land or property and gaining access to business premises. Employers ensure that the workplace makes reasonable adjustments to enable a disable person to fulfil their job correctly. Public bodies have policies and action plans needs to solve any discrimination and no employer should treat a disabled person less well than able bodied people without justification. This act discrimination is not divided into directly and indirectly but is based on the ground that less positive treatment cannot be justified. If an employer is discriminate someone who is disabled this will lead for the employer to be taken to court and if it is really bad then be put in jail. The business will lose reputation.
The employment law can affect businesses in a variety of ways. But the process of appointing staff must obey the rules to legislation. Things like job advertisement, selections tests, interviews and final choice of candidates must meet the requirements of equal opportunities laws. They cannot be influenced towards by any gender, ethnic group and must not discriminate candidates who have disability. The business has to give training in personnel department.
Laws with limited number of hours worked or work leave may indicate that the business requires a much more flexible workforce which will be needed to deal with absent staff or urgent orders. For example if a business gets an sudden order from abroad and the business has less number of hours worked, this means that it cannot meet the Human Resource requirements from it full time staff and even with overtime. This may lead to employ part time or temporary staff to meet it deadlines.
Legislation often has greater cost on business. An example can be is changing a detailed handbook to include new laws about the right of part time workers could be expensive for large multinational employer of thousand of employees. This also can be expensive to facilities which may need to be adapted to take new laws such as different language and layouts for disabled. The whole total costs of legislation are higher in a large company than small business. On the other hand the potential impact on small businesses maybe greater.
All businesses will need to follow equal opportunities policies when recruiting and other conditions of employment which may be knows as ‘good’ employers by potential employees such as they may be able to attract more candidates.
Overall terms and conditions are important as these give employers and employees where they stand. Dispute and argument can happen less due to what is on the terms and conditions such as basic pay, hours worked etc. It is also important to carefully draft the employee’s statement of terms and conditions. This gives proper notice to the contract documents and employer can help himself with numbers of important right which could be an important value later on in the employment relationship. Finally employers need to know if they are fully utilising their statement of employment which will help them to their benefits. Also the employer should make sure they avoid going to employment tribunal’s as this can make then give compensation to employee and leave there business with a really bad reputation.
