Monday, October 21, 2019
Development of Employment Law The WritePass Journal
Development of Employment Law Abstract Development of Employment Law ). However, an employee has to be at the school leaving age to get the wages. Unlike the NMW, the Equality Act 2010 was drawn due to pressure from external forces, especially other EU countries (Hardy, 2011). Despite the forceful implementation, employees have equal rights regardless of gender, age, religion, race and sexual orientation. Recent moves by government and opposition leaders to curb unions affect the development of employment law. In as much as unions have rights of their members at heart, their leaders end up taking advantage of union positions. As witnessed in the past, decisions by the union chiefs do not reflect the opinion of the majority of union members (Pitt, 2009). The new proposal stating that for a union to carry out a strike it would need majority backing from members is beneficial to the government. The move is also politically instigated due to the financial support offered to political parties. With the recent move by Tory MPs to push for a referendum by 2017, the odds on some sections of the employment law hang in a balance. The referendumââ¬â¢s aim is to hand over the decision to the public to either stay or pull out of the European Union; this is according to an article ââ¬Å"Tories fight off 11-hour filibuster over EU referendum lawsâ⬠in The Telegraph dated July 18th 2013. According to many silent voices, leaving the EU might be a wrong decision with regards to long term plans (Turner, 2013). For instance, in the event Britain manages to pull out of the EU, then it is possible that new laws might not meet international standards (Holland and Burnett, 2013). Sensitive laws affecting the public including the employment law will be left in the hands of legislators to decide. However, the opposition indicates that the referendum calls might be a hoax from the Conservative Party to try and misdirect the public. According to an article ââ¬Å"EU referendum bill: MPs back in/out poll by 304-0â⬠in The Independent dated July 5th 2013, the Labour Party say the referendum issue is not a matter of national interest. Douglas Alexander, the shadow Foreign Secretary, said that the move was a sign of weakness and not strength. He added that it was a sign of external electoral threat spiced with internal leadership threats. The Agency Workers Directive (AWD) 2010 was a brilliant idea in solving unemployment cases. More people have since been employed through this initiative (Hardy, 2011). However, its regulations under employment law are rather displeasing to employers. Initially, the joint cost for outsourcing workers from an agency was low compared to permanent workers due to extra costs (Holland, 2012). Currently, the government requires that agency and permanent workers be paid same (Benny and Jefferson, 2012). This indicates that an employer will pay extra for the agency worker. In addition, employers tend to avoid tribunal cases involving such workers. Case Laws Case laws are written materials containing judgesââ¬â¢ explanations on rulings made. Judges may refer to rulings made earlier or statutory laws. Some current cases may be similar to previous cases (Turner, 2013). In such instances, judges may make similar rulings or alter the ruling based on self-understanding. Reference is still made to the previous case, and reason for deviation also stated (Cushway, 2007). This shows that the same altered ruling can be used later in the future. Statute laws on the other hand, are additional laws mostly from assented bills. At times, they offer further interpretation on the main law. Conclusion Employment laws are subject to further amendments in the future whether internally or through external influence. As long as Britain will still be a member of European Union, it has to stand with other members under common directives. This makes some British statesmen call for the disintegration of the EU. Whether the move will succeed, is a story for another day. What is essential currently is that the government ensures favorable employment laws for its people to ensure economic growth. References Bell, A. C. 2006. Employment law: textbook series. London, Sweet Maxwell. Benny, R., Sargeant, M., Jefferson, M. 2012.à Employment law, 2012 and 2013. Oxford, Oxford University Press. Blanpain, R. 2007.à The global workplace: international and comparative employment law: cases and materials. Cambridge, Cambridge University Press. Cushway, B. 2007.à The employers handbook: an essential guide to employment law, personnel policies and procedures. London, Kogan Page. Hardy, S. T. 2011. Labour law in Great Britain. Alphen aan den Rijn, The Netherlands, Kluwer Law International. Holland, J. A. 2012.à Employment law 2012. Oxford, Oxford University Press. Holland, J. A., Burnett, S. 2013.à Employment law. Oxford, Oxford University Press. Kidner, R. 2006.à Employment law 2006-2007. Oxford, Oxford University Press. Lewis, D., Sargeant, M. 2004. Essentials of employment law. London, Chartered Institute of Personnel and Development. Pitt, G. 2009.à Employment law. London, Sweet Maxwell. Turner, C. 2013.à Unlocking employment law.
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