Unit 14 M1

I would like to start-up a business where I can learn from others about their culture and to see how different cultures will be with each other. Amsterdam is a big city with a shortage of hotels. That brings me to an idea: starting a hotel business.

Different care strategies can be used to support a person that has MS and type 1 diabetes

Different retailing businesses have very different distribution methods based on the types of product that they sell, some arguably more effectively than others.

M3 – assess the impact of changes in the global and European business environment on a selected business.

* Terms relating to sickness, notification of sickness, pay relating to this period and rules relating

P4. McDonald’s Restaurants UK Limited, a wholly owned subsidiary of the U.S. parent company, opened its first UK restaurant in Woolwich in 1974. There are now 1,200 restaurants operating in the UK which, despite representing only 4% of the total number of McDonald’s restaurants worldwide, contribute 7% of global profits, making the UK a very important financial market for McDonald’s shareholders. McDonald’s understands the value of an integrated accounting and finance function, extending from the restaurant floor up to the board of directors. Each individual McDonald’s restaurant is structured as an independent business, with restaurant management responsible for its financial performance, supported by the centralised Accounting & Finance

The purpose of this briefing paper is to describe the main sources of employment legislation in the United Kingdom (UK), give a good understanding on employment contracts and explain the role and scope of trade unions.

In order to discuss and analyse the above statement, in depth reference will be made to various documents which can in some circumstances relate to contracts of employment and whether those particular documents which are not contractual can be incorporated into a contract, creating legal enforceability for employers and employees. Firstly it must be established what exactly is a contract of employment.

In 1996, The Employment Rights Act was introduced, an employee was defined therein as an individual who works under contracts of employment, however it fails to define what is meant by a ‘contract of service’. A retrospective view of the UK indicates that there is no generic denotation of an ‘employee’ created through legislative processes. It is imperative to note the court is the major determinant of the status of the parties in an employment relationship. The court therefore put together a series of tests to regulate employment contracts which involves an application of diverse common law tests distinguished by Simon Deakin and Gillian Morris in 2000. The primary classes of those tests are;

When a company employs staff, they must create a contact. This is a binding agreement between employee and employer, included within the contract will be the employee’s job role, holiday entitlement and leaving procedure. Abbott et al (2007) argues that in the eyes of the law, a contract is only legally binding if it is made in return for a promise or act. Weatherguard offers a wage and holiday entitlements, in return for the employee’s skills and labour.

“A contract intends to formalize an agreement between two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters, including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire.” Aaron Larson (2003).

Apart from legislation, the law of contracts plays an important part in assessing the rights and obligations of parties to the relationship. An employment contract ensures that the behaviour of an employer and an employee has constraints in place to prevent one party from taking advantage of the other, and vice versa. These contracts need to be maintained on a regular basis so they are an accurate reflection of what the parties expect from one another in terms of conduct. They serve an important purpose in the sense that they can demonstrate whether certain conditions (eg: if the employee is being paid

All employees have a contract with their employer; an employment contract does not have to be written down. It’s an agreement which sets out employee’s rights, employment conditions, responsibilities and duties, called terms of contract. Whereas the legal part of the contract known as contract terms. Employer should make clear which part of a contract is legally binding.

As an employer and an employee having a contract spells out the terms of employment, it gives each of you a clear expectation of the job that should be performed, the benefits such as health insurance, sick days and even protection for any trade secrets that the employee may be privy to. Moreover, it can limit the reasons that an employee can leave the company and terminate the contract early (Findlaw, n.d.).

A contract of employment is an agreement between the employee and his employer that outlines the rights and duties of both sides. At any stage it is not possible to change the contract of employment without each other’s agreement. Changes can normally be made after negotiation and agreement between employee and its employer or on the basis of Collective agreement- a negotiation between the employer and a trade union or staff association. The employer proposing to change the contract of employment should fully consult with that employee or his/her representative(s) and explain and discuss the reason for the change. Any changes to the contract can be agreed verbally or in writing. If the proposal is accepted by the employee the best practice is to seek written consent to the accepted changes. The employee must also be provided with a written statement (contract of employment) detailing the accepted changes and the new terms and conditions within one month of the change taking effect.