Business Law Case

1. Introduction

This assignment is meant to explain the current responsibilities as employers. Now, we shall look into the definition of specific terms in order to have a better understanding on the issues discussed.

1. Employment Law

It is defined as the body of law that manages the employer-employee relationship (Business Case Studies, 2014). Many employment laws are developed to protect the rights of employees.

1. Who is an Employer?

A person who is contractually bound to an employee by giving wages to the employee, in exchange for ongoing work.

1. Who is an Employee?

If a person is working under an employment contract, he will be classified as an employee.

1. Employers Obligation to Employees

According to Hallett (2014), a term will be implied into the contract if it was agreed by both parties (even though not in explicit written form) or it was essential for the contract to be efficacy. The common law implies certain terms into contracts of employment which one of it is the duties of employer.

1. Common Law Duties of the Employer

It is implied in the employment contract that the employer will do as follows:

1. Provide pay as agreed by the contract

In business organization, an employer’s duty on paying to his employee and the rate or amount of pay are decided based on the contract of employment or by the terms of collective agreement made between a trade union and the employer. Moreover, most employees are entitled to a minimum wage, under the Minimum Wage Act 1999. Thus, employer has the obligation to pay the employee, whilst the employee works for the employer.

1. Provide holidays and holiday pay

It depends on the terms in employment contract that is given to the employee. 1996 Act states that this information is to be given to the employee in the written particulars. Employee is also entitled to four weeks of paid holiday according to Working Time Regulations 1998.

1. Provide leave

There are several types of leave that are provided for employee in different situations and these are:

• Maternity leave

Based on s 72 of the ERA 1996, compulsory maternity leave is provided for the women who gave birth. The Work and Families Act 2006 extended the leave to 52 weeks. The respective employer is prohibited to allow the female employee to return to work during the two weeks from the day on which the child is born (s 72, Chapter 1, Part VIIII, ERA 1996).