Employment Laws in the UK Are They Effective or Not Essay

Open, View, and/or
Download this Document

Total Length: 3469 words ( 12 double-spaced pages)

Total Sources: 15

Page 1 of 12

Employment Laws in the UK: Are they Effective?

Research shows that the last three Parliaments had a trend towards more employment protection events. However, there are some that argue that the protection events are not enough but also the employment issues need to be reduced. Nevertheless, UK employment law still has lesser levels of work protection and more labor marketplace suppleness relative to other EU Member States. For example, in France the industrial relation law has conserved the simple limitations on industrial action presented by earlier Conservative governments. There has been a range of measures which have been able to raise rights and protections for those that are working parents and their careers. More than a few major issues of employment law continued to be unsettled. With that said, this essay will discuss the huge amount of debate around the amount of employment legislation that currently governs employment within the UK. Some debates would like to see the amount of Employment Law reduced while other debates argue that the Law does not go far enough to protect the workforce.

The Equality Act is typically envisioned to harmonize anti- unfairness law and much of it duplicates pre-existing requirements which were repealed. They were cancelled even though an amount of changes were completed. A number of these changes were faced by the Conservatives, the most noteworthy involved the socio-economic quality duty. This involved the socio-economic equality duty on public sector organizations, and proposals to induce larger establishments to circulate data in regards to gender pay differences that are in their workforce. There were similarly extensive debates in regards to whether social group should be adjoined as a protected characteristic (Aronowitz, 2012). Even to this very day, this is a concern that is a matter which is subject to continuing review.

Obligatory retirement is another issue that many have with the UK employment law. At the moment, up under the Employment Equality, owners are inside their rights to initiate laying down mandatory retirement ages in contracts of occupation. When it comes to age discrimination legislation which came into power in 2006, required retirement ages are unlawful except they can be demonstrably warranted (Offe, 2014). On the other hand, this is subject to a national default retirement age of 65 which permits obligatory retirement. However, this only effects those over the age of 65 as long as employees are given the chance to exercise their right to invite working beyond retirement age (Coles, 2012). The argument makes the point that this part of the regulations was lately subject to a failed legal encounter on judicial review on the question of whether it fulfils with European law.

Others make the argument that the decision to have a national default retirement age had a lot to do with what was reviewed in 2011. Some believe that this review was not fair. The reason for this was because may remember that Labor Government successively proclaimed that the review was supposed to have taken place in 2010, nevertheless this was not finished by the close of the last Congress.

One interesting point that debaters make concerning the issue was that it is important to stress the fact that the "pension age" and the "retirement age" are not equal (Pyah, 2012). Research shows that the retirement age is the stage of development at which one can be requisite to leave work. Furthermore, the pension age is that age where one is able start to drawing an unreduced income.

Another issue and argument that goes up under this section is pregnant worker's directive. It is clear that suggestions at an early stage at EU level for changes to the EU Pregnant Workers' Directive have been having some concerns for quite a bit of time. The debate has been an ongoing problem for quite some time. Some people feel that they mothers are not given enough money. The UK at the moment bids new mothers a sensibly considerable one year's statutory leave but at somewhat low degrees of salary which some find not to be fair. Business worries have concentrated on a proposal to require 18 weeks at entire pay.

Working time directive is another issue under the employment law. The research shows that workers are able to agree with their employers in order to "bail out" of the 48-hour maximum on the working week executed up under the Working Time Directive (Willman, 2012). After following a review, the European Commission came up with proposals to change the competence to bail out of it. The European Parliament designated to eliminate it completely.

Stuck Writing Your "Employment Laws in the UK Are They Effective or Not" Essay?

View All Our Example Employment Laws in the UK Are They Effective or Not Essay

Have A Custom Example Essay Written

The matter was dependent to qualified majority balloting (QMV). This was done in the Council of Ministers where discussions came across ongoing block, with the United Kingdom trying to keep the opt-out preserved. They opt-out and a quantity of other nations trying to have it phased out. Research shows that this deadlock was fragmented in May 2008 when they were able to reach a common position. The common position was reached by retaining the opt-out. On the other hand, on 17 December 2008 the European Parliament decided to vote one more time to eliminate it. When that happened, the situation at that point then went to the final conciliation part which involved the Parliament Commission and Council. This appeasement was not able to reach a mutual agreement so in the end, the proposals fell through. Right after, 2009 EP elections the Commission went ahead and revisited these proposals again.

There have been some concerns that have come up in relation to the social and health care subdivision and, principally, the situation of doctors. Ever since August 2004, junior medics have been slowly but surely brought within the requirements of the directive (Willman, 2012). The European Court of Justice has made the decision that when doctors are on call at a "health centre" that this calculates as working time. For that reason, eradication of the opt-out could outcome in health service staffing difficulties in the UK in addition to other EU Associate Territories. These judgments are mentioned to as "SIMAP" and "Jaeger." EU Commission proposals are likely to emphasis on this matter with an outlook to confronting the results of these judgments on health service which has had influences all over the EU (Boggs S. P., 2016).

Some people believe that the law does not provide good holiday entitlements. The Statutory holiday entitlement involves the conflicting European and UK decisions around statutory holiday privilege, when a worker is not able to take leave because of sickness, and carry any of the unused leave over to the next leave year. There are some that have a problem with this because and it has led to particular confusion among companies. It appears that three camps seem to have arose (Aronowitz, 2012). Those that have adjusted their procedures and are attaching to the law 100%. There are also those that are not doing anything at all hoping that they are not challenged by their workers. Those that a taking a risk-based method and dealing with the matters on a case by case basis.

Age discrimination is a big issue up under this law. There are those the that believe that age is not an issue, but there are people that debate back and forth that the law causes discrimination among those that are older in age. Some feel that employers do not have the right to retire workers at a fixed compulsory age of retirement. Efficiently the ability to impose retirement on the reasons of age has been stopped. This has led to a rise in explorations in relative to management of older workers within the age discrimination limitations.

Employment tribunal fees up under the law are another issue. Right when the tribunal fees were presented in 2013, Unison confronted the Government in the High Court in March 2014 arguing that right of entry to justice was negotiated. Later on, the High Court discharged Unison's application on the ground there was inadequate proof to be able to prove that there was indirect discrimination in contrast to protected groups for instance women, ethnic minorities and people that are disabled and that the "principle of usefulness" under European law is being overstepped. Unison made an appeal to the Court of Appeal and after that was permitted to return to the High Court with actual proof distributed by the Government in 2014 that presented a major drop in the amount of allegations.

Under the employment laws, the zero hour contracts have been a big issue and citizens believe that it is not effective. Even though zero hour contracts established bad media in 2014 for the reason that they are looked at as being a form of labor manipulation. The existing debate over the issue of zero-hours contracts is focused on the fact that they leave workers with little constancy or guarantee, indecision about earnings and susceptible to misuse by their companies. Even though a generous interpretation of zero-hours contracts may illustrate the procedure as one.....

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Employment Laws In The UK Are They Effective Or Not" (2016, January 21) Retrieved May 16, 2025, from
https://www.aceyourpaper.com/essays/employment-laws-uk-effective-2156943

Latest MLA Format (8th edition)

Copy Reference
"Employment Laws In The UK Are They Effective Or Not" 21 January 2016. Web.16 May. 2025. <
https://www.aceyourpaper.com/essays/employment-laws-uk-effective-2156943>

Latest Chicago Format (16th edition)

Copy Reference
"Employment Laws In The UK Are They Effective Or Not", 21 January 2016, Accessed.16 May. 2025,
https://www.aceyourpaper.com/essays/employment-laws-uk-effective-2156943
   

Open, View, and/or
Download this Document
order custom essay example