Employment Law Case Study

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2.1 Identify the main principles of discrimination law in recruitment and selection and in employment.

Fixed Term Contracts - Employment Act 2002.

Work eligibility.

Protection of Freedoms Act 2012 (regulated activities adult/children).

Rehabilitation of Offenders Act 1974 (employing ex-offenders).

Immigration, Asylum and Nationality Act 2006

Principles of discrimination law
Direct Indirect By association

Equality Act 2010

Direct discrimination performs when someone is treated less favourably than another individual.

Employment Rights Act 1996

Indirect discrimination arises when it is a condition, rule, policy, or even a practice in organisation that applies to everyone but especially disadvantages individuals who share
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• Hours of work etc.

Management provides everyone opportunity for promotion, training and development.

Equality Act 2010.

Example, the management has to consider every individual suitable for a promotion, training, development and etc.

Consequences of non-compliance tribunal

An employer who, fails to record a material fact, such as, correct or exact reason for a dismissal, might be find that a tribunal will considers this an unreasonable failure to follow the code. The reason is, if important information is wrong, succeeding processes that are based on it can be incorrect.

Hinder organisation’s reputation

A company's reputation is one of its biggest and most important assets in business and for organisation.
After public relations disaster, the reputation of an organisation has worked carefully to build so all of it can easily be destroyed.

2.2 Explain how contracts of employment are established

Contract of Employment

• Contracts are formed through an offer and acceptance.

Express Verbal Terms:

What has been promised during the
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These are not specifically or clearly stated because, in the main, they are fairly obvious to both parties to the contract.

Express terms a contract must contain: • Agreement.
• Consideration.
• Salary.
• Starting date.
• Hours of work etc.

Document contractual in nature:

Offer letter job offers via email or in writing, depending on company policy and how the company handles hiring. Offer is made via the phone or email, will be followed by a formal job offer letter, which confirms the details of the offer of employment including some or all of the following:

• Job description.
• Salary.
• Benefits.
• Paid time-off.
• Work schedule.
• Reporting structure etc.

The candidate has right to accept the job offer, they will sign and return the letter as a formal acceptance.

An employee handbook is a book given to workforces by an employer, holding information about company policies and procedures.

Promises made verbally during an interview, or when a contract is changed, is known as collateral warranties, and is binding in addition to the signed contract. When a written offer is made, it is sensible to specify that the only terms applying to the employment relationship what is in written offer, replacing any other agreement between the
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