(Solution) CIPD AC 1.2 Tribunal and courts system in enforcing employment law
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Description
Solution
The Employment Tribunals (ETs) do not operate through an inherent jurisdiction but depend on parliament for their statutory powers. The Employment Tribunals (ETs) are not supposed to be the last resort but used to offer all parties an easier, speedy, informal and inexpensive procedure of settling disputes. Its operations is in line with the Enterprise and Regulatory Reform Act 2013 (Legislation.Go.UK, 2021) which stipulate the function of Early Conciliation. This is a process where claimants contact ACAS online/phone for noting their claim prior going to ETs for resolving the dispute. A case law example is the Shultz v Esso Petroleum Ltd (1999) IRLR 488 where it was settled by noting the existence of failure to adopt all the required process.
Further, for the employment appeal tribunal, this entail conflicts management in employment relationship and achievement of reasonable adjustment Personnel Today (2022) The various cases managed in this area entail misuse of laws, failing to pursue appropriate practices and unfairness. As evidenced in the CIPD (2022) in Judge by Law section, the case laws leads to exercise of a mechanism of doctrine of precedent. In line with this doctrine, the courts are bound by the decisions of the courts above them and normally by a court of equivalent standing.
Also, the court of appeal is used to enforce cases which relate to civil, or criminal based. According to Ashley (2018), the ordinary civil courts are involved in handling the cases including accidents in workplace with private involving contractual terms and conditions breach. Hence, a decision made in EAT, supreme court and court of appeal evidence that the tribunals ought to take into account of new cases. According to Employment Rights Act 1996, the appealing period is within 42 days of the date of decision being sent to an employee. Also, when the employment tribunal has failed in offering reasons for the decision being shared. The appealing process must be carried out by 4pm of the last day.
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- In summary, this assignment has focused on evaluating the source of power and risk of an organisation contractual terms. This has been conducted through the focus of SSMC organisation which is currently being engaged in procurement of first aid materials.
- Through a series of analysis, the power and risk distribution has been evidenced as varying in different phenomenon to SSMC and their engaged suppliers. The rationale of this is that for the success of a contract, the legal provisions are critical among the involved parties with clearly set requirements to be adhered to or abstained.
- By using different tools including supplier preferencing matrix, Porter’s 5 forces and Turn-key model have been adopted for this research.
- It has been established that in most instances, SSMC has the power with majority of the risks being held by the supplier. An evaluation of the different components of the contract has been conducted with the clauses of interest including costs, quality level, time for delivery and ethics which influence the power and risk of the suppliers.
- From the analysis of stakeholders by use of the Mendelow stakeholder’s matrix and SWOT analysis, the various issues and risks represent the noted issues in procurement of the fast aid and safety measures in today COVID-19 pandemic.
- As evidenced in the Kraljic analysis, various contract terms are of strategic relevance to SSMC which affirm on its approach of holistically leveraging on contractual risk and power.
- Where the SSMC lacks a holistic balance on the risks and power, a warrant or insurance is granted for guaranteeing their safety.