Employment Law Essay Example | Topics and Well Written Essays - 2000 words - 1

Employment Law - Essay Example These changes will have a great impact in the operations of human resource departments in organization. It is therefore critical that firms and organizations should acquaint themselves with the provisions of the spirit as the stipulations imply to avoid litigation. Sexual discrimination is one of the institutionalized vices that has dogged the working place. However, with the passing of the anti sex discrimination statute, the situation has since changed. According to the statute, no employee should be subjected to unfair treatment. Even in the case of a male employee, the statute outlines the course of action to be taken. The statute stipulates that no employee would be granted special attention in terms of sex. The exception comes in the case of women in view of pregnancy and childbirth. A case example of the anti sex discrimination state is the case of Eversheds who appealed to the Employment Appeal Tribunal where he was awarded 100,000 pounds in compensation. The case of Evershed s was that his employer exhibited unfair favoritism towards female employees which worked against him. Under the Agency Workers Regulations 2010, an agency worker is obliged to offer services to the agency, but whose services benefit a third party firm which has a contract with the agency. The definition of agency worker has been subject to intense debate and academic authorities are divided on which particular cadre of agency staff qualifies to be considered under this statute (Howard 2011). He further argues that such a definition as provided for in the statute may as well include workers who are providing services under a master services agreement such as cleaners. Another stipulation which protects the right of the employee is the TUPE regulation. Under the regulation, an employee working for a business or other premises is protected by law from unfair dismissals even on acquisitions. Under the stipulations, an employee can only be dismissed under technical or economical conditi ons. A case example of this stipulation was the Spaceright Europe Ltd v Baillavoine & Anor. Mr. Baillvoine was wrongfully dismissed from work and he was subsequently compensated. The question of who is actually an agency worker is debatable. Before arriving at a conclusion that one is an agency worker, considerations should be made in reference to the working arrangements. There are avenues for shortchanging the system through the use of umbrella corporate bodies to act for and on behalf of the hirer (Harvard Law Review, 2012). In this scenario, the umbrella corporate handles all the human resource issues fro other companies including paying dues. One of the rights that apply ab initio is the right to be given access to the same collective facilities as comparable employees or workers of the hirer. The implication of this right is that the hirer has to ensure that the agency works have equal access to the company’s resources as the permanent staff. Significantly, this will me an that the Human Resource department will have to put in place mechanisms that identify all the workers of the company including agency workers on an equal basis. The other right that applies right from the start of the workers’ assignment is the right to be informed of any arising vacancies by the hirer as comparable staff would be informed. This means that the employees are under legal obligation