English Employment Law Study - Essay Example

English Employment Law Study Introduction English employment law or UK employment law can be duly considered as one of the effective laws in the region of the United Kingdom (UK). It can be apparently viewed in this similar regard that this particular law includes all broad legislations and policies that govern the working practices of various organizations belonging to the UK. The la is applicable for both the employers and the employees who are indulged in performing their respective daily working activities. Specially mentioning, it provides greater aid in ensuring the formation of a proper working atmosphere in the workplace resulting in providing significant benefits to the organizations by a greater degree. In this regard, the benefits can be measured in terms of resolving various disputes that may arise within the organisations, defending claims that may appear from the part of the employees and lessening job redundancies among others (Kemp Little, 2012). In this paper, the main stress will be laid upon highlighting the distinction between the workers, employees and the self-employed who are engaged in various organizations within the region of the UK. Moreover, the determination of whether the distinction is a useful and a workable one or not in the modern day labour market will be taken into concern. In addition, where the law might be improved and what form those improvements would take will also be discussed. Besides this, the paper will also include certain case examples in order to illustrate the arguments concerning the nature of the employment relationship in English Employment Laws or UK employment law. The Distinction between Employees, Workers, and the Self-Employed In order to analyse the distinction between the employees, workers and the self-employed individuals, it can be viewed that there are basically four types of workers prevailing in different organizations of the UK. These include self-employed individuals, agency workers, workers and employees. All these different sorts of workers possess similar job responsibilities that also differ at certain times concerning various potential areas. Thus, with this concern, an attempt will be made to showcase certain broader points of differences in the job roles of the self employed, workers and the various employees in the organizations (Bell, 2006). Self-Employed Individuals- Self-employed individuals are regarded as those individuals who are independent and run their business own. These individuals can also be duly considered as self-regulating contractors who are responsible for making broad regulations in order to attain predetermined business targets. It is worth to mention that self-employed individuals are responsible for adopting as well as implementing broad decisions for smooth conduct of business (Kemp Little, 2012). A big similarity between the workers and the employees in the organizational context of the UK is that both of them are covered under common statutes of employment law. These include Health & Safety at Work etc Act 1974, Trade Union and Labour Relations (Consolidation) Act 1992, Employment Tribunals Act 1996, Employment Rights Act 1996, Public Interest Disclosure Act 1998, Data Protection Act 1998 and Human Rights Act 1998. All these laws are enacted by the government in order to defend the rights of the employees as well as the workers belonging to different organizations of the UK (Kemp Little, 2012). Employees - All the employees in the UK are covered with special laws that eventually protect their respective rights by a considerable level. The basic understanding of these laws and statutory employment protection legislation apply to all those employees who work in diverse organisations despite their status i.e. higher, lower or middle level employees. Employees are entitled to all major rights as long as they serve the basic purpose of performing their basic duties effectively (Steinfeld, 2002). Also, employees are entitled to receive proper care when they serve the organizations with all basic functions that constitute fulfilling various criteria towards the attainment of organisational targets (Steen & Co. Employment Solicitors, 2013). It can be affirmed that employees often perform various operational functions in accordance with broad regulations and policies of the organizations, then the chances of undue discharge of an employee gets reduced by a certain degree (Kemp Little, 2012). Workers - Categorizing of workers in the context of the UK is basically a new concept. In general terms, a worker is considered to be an individual who works under a term of agreement or an employment contract. A worker is generally entitled to receive certain significant benefits that include payment based upon working hours per day, annual as well as monthly leaves and flexible payments among others (Kemp Little, 2012). After acquiring a brief idea about the different sorts of workers prevailing in different organisations of the UK, it can be affirmed that there are considerable amount of differences or distinctions that can be noticed between the employees, workers and the self-employed individuals within the context of UK employment law. The following discussion eventually reveals the major points of differences between the aforesaid parties. Points of differences Self Employed Individuals Employees Workers Meaning Self employed individuals are those entities that are independent and run their businesses own An employee is an individual who has a proper contract of apprenticeship or contract for serving an organization A worker is not regarded as someone who is a direct employee of an organization, but is liable to perform different sorts of activities and job functions Rights He/she is considered to be totally independent person. Therefore, he/she possess the right to perform different business activities autonomously An employee is entitled to enjoy various rights that may include maternity rights, redundancy and unfair dismissal among others The right of a worker is different from an employee. Worker’s right broadly constitutes the payment which is provided to them for conducting any work specifically Privileges He/she is not entitled to receive any sort of privilege An employee is entitled to receive various privileges and rights that are quite broad that help them to sustain in the organisation for a longer term A worker receives certain privileges such as flexible wage rates, payments as per the hours of work and also flexibility in leaves Term of Contract A self employed individual enters into a business contract or commences a business which may vary in terms of period i.e. short or long-term Employees are needed to serve an organization for a specific period or more, otherwise it may result in breach of contract from their part In case of a worker, such terms do not apply. He/she do not have to follow such formalities while working under an organization Duration of Service It totally depends upon the perception of the self-employed individuals. No specific period of service is applicable here An employee is required to serve an organization for a given time frame Such aspects do not apply for a worker Benefits and Protection Al the benefits are derived out from the efficient conduct of the business activities that are undertaken from his /her own part. No such protection from outsourced agencies is provided An employee is entitled to receive numerous benefits and also organizations ensure them to get delivered with proper protection A worker is not considered to be a full- time employee of an organization. Therefore, he/she is not entitled to receive any sort of benefit or protection Sources: (Steen & Co. Employment Solicitors, 2013; Kemp Little, 2012). Whether the Distinction Above Is a Useful and Workable One in the Modern Day Labour Market The labour market of the UK can be duly considered as the most booming labour market throughout the globe. It has been viewed in this regard that the total employment rate in the overall UK is 71.5 % which is quite impressive and the unemployment rate stood at only 7.8 %. Moreover, the total bonus amount that was circulated amid the employees in the UK amounted to $36.9 billion during the period of April 2012 to March 2013 which recorded in an increase of 4% as compared to earlier year. Also, during the period of May 2012-April 2013, the bonus payment was again recorded to have an increase which amounted to $39 billion. It can be affirmed that higher payment in terms of providing bonuses to the employees and commissions indicate a strong and wealthy labour market at large. By taking into concern the aforementioned aspects, it is quite clear that the UK possesses strong labour market by a certain degree (Office for National Statistics, 2013). As per the context of English Employment Law or UK employment law, the distinction between employees, workers and self employed individuals which has been portrayed in the above discussion might prove to be quite useful and a workable one in the modern day labour market by a certain degree. This can be justified with reference to the fact that the above depicted distinction highlighted all those specific points of benefits that employees, workers and the self- employed individuals tend to receive while working in various organizations of the UK. Furthermore, the distinction also highlighted that the employees are entitled to receive greater protection from their respective organizations and are also entitled to enjoy a flexible working atmosphere in the UK context. The flexibility which is provided to the workers can often lead towards increased efficiency in performing various operational functions as they are provided with the liberty to perform the job according to their convenience. Also, self-employed people or individuals tend to enjoy a proper work balance surrounded by them, as they can perform their job responsibilities with greater ease as well as convenience (Office for National Statistics, 2013). Also, by considering all the aspects that have been highlighted in the distinction section, it can clearly be said that if the UK labour market strengthens its policies and regulations pertaining to the fulfilment of the needs and the requirements of the employees as well as the workers, then it can lead to varied results. This would ultimately provide significant benefits to the overall labour market and help UK in gaining a sustainable position in the global labour market. There are certain other reasons that largely signify that the distinction is quite a useful as well as a workable one in the modern day labour market by a certain degree. In this similar concern, it is of primary importance to note about their distinction because it helps in identifying the individual benefits and protection that each of them is entitled to receive (Turner, 2013). The dissimilarity between the self-employed individuals, employees and the workers also highlighted the gaps that needed to be filled by way of improving this particular law. It can be affirmed that the labour market is currently changing in a very fast pace due to increased level of internationalisation as well as globalisation. Lots of developments can be viewed to be happening in this present day context and new along with improved regulations are being framed by a considerable level. All these activities are undertaken by the government to strengthen the English Employment Law which tends to regulate the performance of the employees and the workers in different organizations worldwide. It can be said that as the UK is regarded as one of the strongest and economically stable countries in the world, it primarily stresses upon providing appropriate benefits and entitlements to the employees who are engaged with different organizations in the UK (Alibekova & Campbell, 2007). As mentioned earlier, the English Employment Law has been incorporated to strengthen the employment law, therefore the distinction also proved to be quite useful as well as a workable one as it realised the need for making few changes towards developing along with regulating the law more effectually (Black, 2012). Where the Law Might be Improved The English Employment Law can be duly considered as one of the fundamental laws which is liable for regulating broad working practices by a greater extent. As per the above analysis, it is quite clear that this particular law has been framed by the government in order to provide all round benefits and protection to the employees as well as the workers of the organizations in the UK. The benefits within the circumstance of the aforesaid law can be measured in the forms of providing bonuses, commissions along with other benefits such as ensuring health and safety to the employees as well as workers and preserving their privacy rights among others. However, one of the striking aspects that can be noticed about this law is that it has been framed with the prime intention of securing the lives of the employees and the workers working in diverse organisations. As the name of the law suggests, the prime importance is given to the aspect of employment and all those entities that are associated with it. The self employment professionals are not covered under this particular law. They are not considered under the guidance of this particular law as they are not associated with the employment aspect directly because they are regarded as individual owners of business. This law proves to be quite helpful for all those employees who are directly or indirectly associated with the organizations. However, if the self employed individuals are covered under this law, than there will be all round diversity that can be obtained. It has been decided that this particular law needs to be improved by a significant level for the purpose of enhancing decision-making procedure relating to employment, diminishing work related complexities and lessening workplace violence among others (Blanpain & et. al., 2007). What Forms Those Improvements Would Take The application of the law i.e. English Employment Law or UK Employment Law for the self- employed professionals would be a total new concept as this particular Law is basically applicable more rigidly especially for the employees as well as the workers engaged in various organisations. However, if this particular law is needed to be incorporated for the self employed professionals, then certain broad measures need to be adopted and executed by a greater degree. In this similar concern, one of the broad measures can be ensuring preserving proper governmental interventions. It can be affirmed that the law would not be effective without ensuring adequate governmental interventions in terms of discussing with different governmental bodies and efforts are needed to be made in order to pay utmost attention to the issue. Also, a detailed framework is needed to be prepared which should comprise the following important points such as Reasons for initiating the activity Benefits that can be attained if the law is made applicable for the self-employed professionals Factors that would provide significant benefits to the entire nation Time which will be required to perform initial activities Determining the parameters required for getting covered under this particular law Various duties and responsibilities that self-employed individuals need to perform (HM Revenue & Customs, n.d.). The framework is needed to be specifically interpreted and all the decisions need to be undertaken by taking into concern certain broad factors concerning the framework. However, the different forms that the improvements of the law would take can be demonstrated as that if the law is passed concerning the self-employed individuals, then it will lead to greater improvement of the law and its policies can be made even more regulatory. The law will directly benefit the country and it will lead to improvement in the business activities as well. It will generate a sense of willingness to grow and sustain in an economic environment which is very much essential for attaining superior financial growth and prosperity for a nation. It will also lead to mass improvement and innovation in the English Employment Law. Also, the improvements would take place in the form of making better terms of agreements that self-employed individuals would have with the government (HM Revenue & Customs, n.d.). Moreover, the enhancement of the law may also take the form of establishing a feeling of equality that self employed individuals can enjoy. In addition, the improvement of the law might also lead towards forming better working environment by a greater degree in terms of smoothening the overall business or operational procedures (Black, 2012; Supiot & Meadows, 2001). Examples All the significant aspects that have been discussed above are totally based upon the actual implications of the labour market and the English Employment Law or the UK Employment Law. The aspects prioritised highlighting the positive factors of the law with certain factors that could have been improved upon. However, certain case laws in the form of examples have been portrayed hereunder in order to illustrate the arguments concerning the improvement of the law. One of the case laws i.e. Sood Enterprises Ltd v Healy revealed an important aspect in which the employees of the UK are entitled to receive holidays and long-term leaves. The case properly highlighted that the employees can enjoy these benefits, but these benefits are not carried over to next following months. The other case law i.e. North and others v Dumfries and Galloway Council [2013] IRLR 737 SC provided utmost attention to one of the imperative aspects of providing equal pay for equal work to the employees as well as the workers. In relation to the case law of Miller v William Hill Organisation Ltd EAT/0336/12, main priority has been given on the dismissal of an employee who found to conduct certain illicit activities (Reed Business Information Ltd, n.d.). Thus, it can be affirmed that the above case laws are mainly concerned about developing the workplace environment and also providing significant benefits to the employees at large. Therefore, on the basis of the implications of the aforesaid laws, it can be argued that the English Employment Law or the UK Employment Law needs to be enhanced by a considerable level and these improvements would take several forms. Conclusion From the above analysis, it can be stated that the English Employment Law or the UK Employment Law is duly responsible for regulating all the broad employment practices in the UK. This law intends to provide various rules and regulations delivering significant benefits to the employees as well as the workers by a considerable level. The study has provided various outputs that have helped in determining the broad improvements which can be made pertaining to this particular law. Specially mentioning, this particular study has helped in deriving an appropriate difference between the employees, workers and the self-employed individuals in the UK resulting in making an effective use of the aforesaid law. Thus, it can be concluded that the law can be enhanced and it should undergo various improvement forms for the purpose of making the application of the law more effective by a certain degree. References Alibekova, A. & Campbell, D., 2007. Employment Law. Kluwer Law International. Black, O., 2012. Home. Think Tank: Bring The Benefits Of Self-Employment Into The Office. [Online] Available at: http://www.telegraph.co.uk/finance/comment/9529136/Think-Tank-Bring-the-benefits-of-self-employment-into-the-office.html [Accessed August 21, 2013]. Bell, A. C., 2006. Employment Law. Sweet & Maxwell. Blanpain, R. & et. al., 2007. The Global Workplace: International and Comparative Employment Law - Cases and Materials. Cambridge University Press. HM Revenue & Customs, No Date. Self-Employment (Full) Notes. Contents. [Online] Available at: http://www.hmrc.gov.uk/worksheets/sa103f-notes.pdf [Accessed August 21, 2013]. Kemp Little, 2012. A Guide to UK Employment Law 2012-2013. Employment Law Reforms Update. [Online] Available at: http://www.kemplittle.com/Publications/UKEmploymentGuides/Kemp%20Little%20UK%20Employment%20Guide%202012-2013.pdf [Accessed August 21, 2013]. Office for National Statistics, 2013. Home. Bonus Payments Infographic, 2013. [Online] Available at: http://www.ons.gov.uk/ons/rel/awe/average-weekly-earnings/bonus-payments-in-great-britain--2012-2013/info-bonus-payments--2013.html [Accessed August 21, 2013]. Reed Business Information Ltd., No Date. United Kingdom. Employment Law. [Online] Available at: http://www.xperthr.co.uk/employmentlaw/lawreportsstoppress.aspx [Accessed August 21, 2013]. Steen & Co. Employment Solicitors, 2013. Home. Difference in Rights between Employees, Workers and the Genuinely Self Employed. [Online] Available at: http://www.steenandco.co.uk/difference-in-rights-between-employees-workers-and-the genuinely-self-employed-_49/ [Accessed August 21, 2013]. Steinfeld, R. J., 2002. The Invention of Free Labor: The Employment Relation in English and American Law and Culture, 1350-1870. UNC Press Books. Supiot, A. & Meadows, P., 2001. Beyond Employment: Changes in Work and the Future of Labour Law in Europe. Oxford University Press. Turner, C., 2013. Unlocking Employment Law. Routledge. Read More