Human Resource Management And Why It Is Critical In Employment Law Essay

Human Resource Management And why It Is Critical In Employment Law - Essay ExampleAs such, the statute provides that an employee is entitled to a notice period, prior to handout. Such notice period is established on the basis of the length of swear out of the employee (National Employment Rights Authority, 2012). Application An employee has been defined at section 230(1) of the Employment Rights Act 1996, as an individual who kit and caboodle under a contract of employment. The Employment Act 2002 (Dispute Resolution) Regulations 2004 require employers to implement procedures for grievance and disciplinary actions. These statutory procedures have to be commenced in the first instance. This is essential for submitting employment issues before the employment tribunal. A going will be deemed to be unfair, if the employer fails to adopt these procedures (Pothecary Witham Weld, 2012). Furthermore, the employer would be held liable by the court. Employees should have completed a one ye ar of continuous service with the same company to avail the protection of dismissal rights. This applies that to those employees who were appointed before 6 April 2012. The corresponding period is two years for employees appointed after this date. In our problem, Janice had worked for two years with the same company. Hence, she should have been provided with a dismissal notice, which was not done by the company. Consequently, the dismissal procedures conducted by the company piece of tailnot be deemed as fair. Furthermore, in instances, wherein the employer dismisses an employee via procedures that are unfair, the dismissal will be deemed to be unfair, regardless of the issues involved (emplaw, 2012). Although, Kelsey had not completed a years period of employment with the company, she can file a claim of wrongful dismissal against the company for not following fair procedures in her dismissal. In general, the circumstances of a particular case, will determine the action that is j ustified or reasonable, whenever on that point is a need for formal action. As such, the employment tribunals will take into account, the size and resources of an employer, at the beat of deciding on cases (Code of Practice 1 ACAS Disciplinary and Grievance Procedures, 2009). Under no circumstances, disciplinary or grievance issues should be dealt with in an unfair manner. Moreover, the ACAS has strongly recommended a thorough investigation of allegations by employers. preceding to a disciplinary hearing, particulars of the allegations have to be provided to the employee. In addition, the employee should be provided with an opportunity to explain what had transpired, and to draw assist to any extenuating circumstances (Birkinshaw & Fairclough, 2001). In our problem, Janice and Kelsey were suspected of having stolen a harddisk drive, since it was located in their jointly held locker. They were now suspended by the Warehouse Manager, and after two days a disciplinary meeting was c onducted and they were dismissed. It is incumbent upon an employer to adhere to a fair process, while addressing a disciplinary or grievance issue. This holds good, even if the employee in question admits to the offense, as also to instances of gross misconduct. In general,