1. Describe contractual regulations in employment.

List what elements are legally required in a contract of employment and identify which pieces of legislation control those elements.

A contract of employment underpins the legal and employment relationship between an employer and an employee. It is a legal contract which is made when an employers offer of employment is accepted by the employee. Various duties and rights which are legally enforceable arise from this contract. Employment contracts can be verbal or in writing, but due to the complexity of modern day employment relationships, written contracts are very helpful when disagreements arise later. Employers are required by the Employment Rights Act 1966 to provide employees with written statements of their terms of contract within the first two months of starting work. Various pieces of legislation control employment contract elements. Some of them are The Employment Rights Act 1966, Working Time Regulations 1998, National Minimum Wage Act 1998, Redundancy Payments Act 1965, Employment Relations Act 1999, Health and Safety at Work Act 1974 Elements of the contract of employment can be express or implied. The employees right to paid holidays, right to receive statutory notice of termination and the right to paid at least the minimum wages are express elements. On the other hand, the employers duty to provide a safe working environment, duty to pay wages and a duty of mutual trust between the employer and the employee are implied elements of the contract of employment. The contract of employment is similar to any contract law and for it to be valid, there should be -the employers offer for a job must be clear and unconditional. -the employee must accept the offer.

-agreement between both parties- the employee should do the work and the employer should pay the wages. -there should be an intention from both parties to create an agreement which is legal and binding.

2. Large companies often recognise trade unions and as such will enter into a bargaining with any resolved disputes being resolved through organisations such as ACAS. This system has advantages for both companies and employees- describe what these advantages are.

The relationship between employers and employees is regulated by the process of collective bargaining. The aim of collective bargaining is to come to an agreement through the process of negotiation and discussion on matters of mutual concern to both the employer and the employee.

Collective bargaining provides a framework in the form of a collective agreement with the aim of resolving disputes thereby giving management the opportunity to positively deal with their relationship with employees. Attaining a good climate of employee relations is beneficial to both the employers and the employees. Employees whose concerns are settled through collective bargaining without the need to resort to industrial action tend to trust their employers. The result is that an organisation will benefits from such highly committed and highly involved employees as they are always eager to maximise their labour and achieve the desired results. The establishment of a formal channel of communication is very important in dispute resolution. Collective bargain provides a well defined formal communication channel for employees and employers. This enables both to

resolve their disputes, and grievances, that may be very difficult to deal with in the absence of the trade unions. In the absence of a union management would need to develop an alternative way of dealing with disputes which could be very expensive and difficult to operate. The presence of a union provides a lubricant that expedites the collective bargaining process for the benefit of both parties. Trade unions are able to deal with some trouble makers within their ranks for the benefit of employers. Any perspective that employers can do without unions and the collective bargaining process is flawed as both parties need each other and they equally benefit from the process.

3. Explain the constraints imposed by legislation on termination of employment. A restaurant in Chelsea was taken over by new management who within a short period dismissed the head chef. The chef (a black Nigerian ) had an unblemished record and was dismissed without receiving any warnings and was refused reference. Determine whether this was a fair or unfair dismissal and what legislation has been contravened . b) A small company has ceased trading and has made two people redundant. Fred a 60 year old has been with the company for 15 years and has a weekly salary of 320. James 30 year old and has been with the company for 5 and half years and has a weekly wage of 280. Research and calculate what each person should receive as a minimum redundancy payment (Show working) 4. Examine and report on the main features of current employment legislation For the following three pieces of legislation create a list of the 3 main features of each piece of legislation and describe how they protect employees.

Health and Safety at work Act 1974- this act asserts that, employers have a duty to ensure the safety of their employees at work. It is also the statutory right and duty of employees to take responsibility for their

health and safety in the workplace and it is also their right to complain when their health and safety at work is under threat. The Discrimination acts (Various) Discrimination acts outlaw direct and indirect discrimination and they cover recruitment, selection, disciplinary grievance and training and development issues. There are various discriminations acts and some of them are, 1. Sex Discrimination Act 1975 (amended 1986)- this legislation outlaws discrimination on the grounds of sex and marital status. It outlaws the treatment of woman or man less favourably on the grounds of their sex. The aim of the act is to prevent direct or indirect discrimination. A very good example of direct discrimination is when a job advertisement specifically states that only woman should apply. Creating an environment where an individual gender is likely to be successful is an example of indirect discrimination. 2. The Race Relations Act 1976- outlaws discrimination on the grounds of race, colour, nationality, ethnic and national origin. Employers are not allowed to treat employees less favourably on racial grounds. The principles of direct or indirect discrimination also apply. 3. The Disability Discrimination Act 1995- this laws makes it unlawful for an employer to discriminate against disabled persons in employment. 4. Equal Pay Act 1970 ( amended 1983)- the legislation introduced the concept of equal pay for employees doing the same job. It eradicated the traditional practice of paying man more than women. 5. The Trade Union Reform and Employment Rights Act 1993- this act outlaws the direct or indirect discrimination of employees on the grounds of their trade union membership or because of their role as a trade union representative.

Employment Rights Act 1966. Under this legislation, employers are required to provide new employees with a contract statement not later than two months after beginning their employment. The written contract must clearly state the following,

-the names of the employer and the employee. -date when employment commenced -the wages or salary being paid to the employee. -hours of work and employee holiday entitlement. -title and job description. -the place of work.

The employee should also be furnished with a separate document which is known as a written statement. The statement should clearly state, -pension scheme details -sickness and sick pay rules - termination of employment notice period the employee is entitled to give and to receive. -grievance and disciplinary policies and procedures. - health and safety policies.

References 1. Armstrong. M. (2003) A Handbook of Human Resources Management: Practice 9th Edn. London. Kogan Page. 2. Cheatle K. (2001), Mastering Human Resource Management: New York: Palgrave Publishing. 3. Martin. J. (2001), Organisational Behaviour: London: Thomson Learning. 4. Tyson. S. (2006), Essentials of Human Resource Management 5th Edn. Oxford: Butterworth Heinemann 5. www.web-books.com