What is 5EML Assignment writing help online?
5EML is actually related to Employment laws. This unit helps in learning the employment laws of different countries like European and UK employment law. During sessions, students learn more about the internal laws of employment. Students sometimes need guidance for writing assignment in these subjects hence, we are here to help students in the same.
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1.1. Aims and objectives of the employment law
Social Justice, according to Collins et al. (2019), is fundamentally a political and philosophical theory which highlights the principle of economic policy of equality in a workforce. Social Justice is associated with the equal access of labour wealth, health, security, rights and opportunities unbiased of their racial, legal, political or economic context (Bell and Blanchflower, 2019). Therefore, as opined by O’Brien (2017), it is unlawful for any organisation as per the employment regulations of the UK to provide biased or unbiased opinion based on individuals’ historic actions, current situations or their gender race and religious beliefs. Therefore, the aim of social justice in a workplace is to provide equal rights for each employee.
As opined by O’Brien (2017), employee protection is the act of protecting rights of employees in the form of a written contract which is generally provided to the recruiter and employees as well. Moreover, as highlighted by Collins et al. (2019), the employment protection laws which is a key labour market institution comes under the employment regulations of the UK in which a fixed-term contract is conducted following all the government regulations of employment regarding the hiring and dismissal of an employee. The aim, as per the opinion of Bell and Blanchflower (2019), of employee protection in a workplace is to maintain transparency in the recruiting and termination process of an employee following all the legal regulations.
According to Collins et al. (2019), fairness in a workplace refers to the act of treating employees properly and correctly based on a particular situation and participation of employees. The act of fairness demands for the employers to give equal treatment while making decisions regarding an employee (O’Brien, 2017). The UK employment regulation, as highlighted by Bell and Blanchflower (2019), demands for equity and fairness for each employee in a workplace in order to provide equal rights for employees in an organisation. Therefore, the aim of fairness in the employment regulation of the United Kingdom is to maintain clarity and equality in order to maintain employee satisfaction in a workplace.
2. Role of the Tribunal system in enforcing the employment laws
According to CIPD (2021), majority of employment law in the United Kingdom are amended for the claimant appealing for suing or claiming compensation from the respondent. In most of the cases claimants are the present or former employees of an organization and the respondents are their employers who are accused of causing harm to the claimant with their actions. According to the jurisdiction system of the United Kingdom, the claimants initially appeal at tribunal system for alleging the respondents (CIPD, 2021). The system mainly deals with unfair dismissal, discrimination at workplace, unequal pay and deduction of wages as well as accident at work, tort of contract, non-payment of wages and more employee-employer related cases (CIPD, 2021).
According to Employment Case Update (2018), in 2018, Wileman, an employee of LANCASTER & DUKE LIMITED, claims the company to be dismissing her wrongly before the accomplishment of her statutory period. The process of employee law enforcement in tribunal system will be as follows-
Before claiming the Wileman has to file a pre-claim to the tribunals. Before pre-claiming the Wileman has to ensure certain factors such as availability of proper proof according to the system. The pre-claim was sent out to Acas to see whether the case can be solved alternatively out of the tribunal system or not (Employment Case Update, 2018).
Then, the hearing process starts. The hearing is generally processed in two steps that are, preliminary hearing and full hearing. Before full hearing both parties have to prepare all documentation related to claims and exchange with each other and witness statements should also be prepared (CIPD, 2021).
After hearing the tribunals’ judges make a decision in favour of Wileman and ensure that the company compensates her for wrongly dismissing her (Employment Case Update, 2018).
However, in case anyone finds the judgement of the tribunal system not to be satisfactory, they can further appeal to higher courts (CTJ, 2021).
Figure 1: Process of employee law enforcement by tribunal system
(Source: Self developed)
3. Process of settling employment cases before or during legal procedures
In case any employer or employee wants to avoid legal procedures, they can opt for an earlier settlement during the legal procedure or even before the commencement of the legal procedures (ACAS, 2021). There are many different ways one can settle cases before or during legal procedure. For avoiding the legal procedures the very first step to be taken by the claimant is to apply to Acas for assessing the scope for early conciliation. Acas can resolve the problems between claimants and the respondents in many ways using dispute resolution services (ACAS, 2021). As stated by BEIS (2020), in many cases both respondent and claimant tries to settle the cases without any formal legal procedures. In case of opting for an earlier settlement outside court, the confidentiality is maintained that is essential for the respondents for maintaining their business image (Blackham and Allen, 2019). Therefore, they are most likely to seek dispute resolution methods. The processes are-
|Dispute resolution method
|To mend the relationship between the claimant and the respondents using external mediators (ACAS, 2021). They provide mediation help to both parties without being biased and help them resolve their disagreement.
|None of the participants have to pay for the process (ACAS, 2021). The participants can mend the relationship between them (ACAS, 2021).
|Although the process is conducted for free, it takes a lot of time (Blackham and Allen, 2019). The claimant might not be served with the justice they want (Blackham and Allen, 2019).
|Acas speaks to both the claimant as well as the respondents about the claim and gives them a chance to solve the claims informally (ACAS, 2021).
|The settlements made in Acas are kept confidential (ACAS, 2021). It is easier and the legal procedures can be avoided (ACAS, 2021).
|If one of the parties shows unwillingness, the process could not be conducted (Blackham and Allen, 2019). Owing to the deadlines for resolving the problems, in some instances, settlement might not be conducted fairly (Blackham and Allen, 2019).
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