Analysis Knowledge of Employment and Criminal Law Is Important for Security Manager Essay

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Employment Law Is as Important as Knowledge of Criminal Law to the Security Manager

EMPLOYMENT LAW IS AS IMPORTANT AS CRIMINAL LAW

The role of a security manager requires diversity; they are required to oversee a department in order to reduce theft, fraud and make sure an organization's assets are well protected. At the same time, the managers enforce the company's policy and procedures. Mostly, the managers are expected to wear their "human resources hat" to be able to understand the rights and welfare of their co-workers. This, together with the direct line reports, enables them to work within the codes of practice while maintaining a professional working relationship. Therefore, it's crucial for the security manager to generally understand the employment law, especially in those areas that directly relate to their role. The knowledge is critical whilst dealing with issues or situations that may arise with regards to other employees. Furthermore, during incidents such as demonstrations and protests that may have a negative impact on the organization, this knowledge will be instrumental. The consequences of failing to adopt the correct methods while acting appropriately in various events should be understood by the manager (Saunders 2013). It is critical to forge an internal business relationship that is comprehensive with the employee relations manager or human resource manager. This helps in understanding and asking specific questions, relating to this matter, to employment law experts. By so doing, a security manager receives direction on the next step to take, and hence give substantial guidance and advice.

Employment Law

Employment Law, in any organization, covers a vast range of common cases which industrial tribunals usually undertake. These cases normally include: unfair dismissal, termination of employment, disciplinary and grievance procedures, redundancy, working time, unfair deductions of wages, breach of the contract agreement, freelance workers, discrimination (based on sexual orientation, race, sex, Disability, religion, part time workers and fixed term workers, age), maternity leave and pay, bullying in the workplace, paternity leave and pay, changes to terms and conditions, stress, sickness absence, misconduct, compromise agreements, procedures, contracts and drafting policies (Saunders 2013; Hall 2009). The security manager's role may help resolve or manage an encounter with some of the above issues. However, these issues occur regularly.

They are involved in Investigations into disciplinary matters, Termination of employment, or in some instances they chair a disciplinary committee which gives appropriate judgments. This list expands in case they possess direct reports whose welfare and dynamic changes are paramount responsibilities. They should also ensure that their respective teams have no discrimination. Ethical and pragmatic approaches should be employed when handling such concerns to avoid violating an employee's rights, or worse still a grievance being raised against the manager (De Barnier 2014). It will be almost impossible for an employer to lose an industrial tribunal claim having adopted this practice.

Employment law is in the category of civil law. This is a complex system that tries to outline the rules and also cover all kinds of situations that may arise in the day-to-day life. How to give judgments on disputes unable to be sorted by the various parties themselves is clearly provided.

A claimant in the civil system ought to table a claim against a defendant. This should be anyone with the right to bring a case as per the law (basically anyone who is above 18 years of age and not mad hence definitely not 'vexation litigant') (Rogers 2010; Saunders 2013). The County Court generally handles civil cases while the more complex ones or those involving huge amounts of money are taken to the High Court. In the civil courts, the standard of proof by the claimant is usually used as 'balance of probabilities' as they try to prove their case. More often than not, they are found to be right. Sometimes the defendant may be required to prove something, thus showing that it is possible to reverse the burden of proof. This mostly occurs when they bring a 'counter claim'.

The Court of Appeal and the Supreme Court may listen to appeals from both types of cases. The exact route to be followed depends on the different type of cases involved. Various Tribunals, such as the Lands Tribunal, Employment Tribunal etc. deal with some special cases. It is majorly for the civil claims. An Employment Tribunal operates in the same way as a court but with less formality. For instance, judges do not wear gowns or wigs. However, just like a court, it is expected to act independently without giving any legal advice. In most hearings, the public is allowed access to the hearing (Herring 2014; Ashworth and Redmayne 2010). The Employment Tribunals, which determine disputes between employees and employers in regard to employment rights, are independent judicial bodies. Its committee hears cases thus making decisions pertaining to matters of employment agreements such as; redundancy payments, unfair dismissal, discrimination and claims that relate to wages and payments. Despite an Employment Tribunal not being as formal as a court, it is expected to act independently and also comply with the rules of the procedures.

Criminal law

Whether to regard a particular kind of conduct as criminal or not may change over time in response to the social and political factors, depending on an individual's location in the world. For example, over the decades, there have been changes to the legal response to homosexuality and activities surrounding it. This response has been changing because of the political, social, and legal influences. A person may face prosecution for the criminal offence of assault for hitting someone, and end up paying a fine. Herring (2014, 3) states that the victim may also choose to sue the oppressor for damages in the civil law of tort. The defendant loses money in any of these legal proceedings. However, there are crucial differences between these legal proceedings. The censure and punishment attached to such criminal convictions can be used to explain the difference between criminal and civil proceedings. An award of damages often signifies that a person takes the responsibility for the losses and it does not carry the sense of condemnation the criminal sanction does.

Criminal law -- is a system that issues punishment to the wrong doers. The criminal law clearly outlines all the things that are considered unacceptable and explains those that will render one to be liable for prosecution. Some substantial differences exist between the two (Herring 2014). A prosecution is brought against a defendant in the criminal system. Living people are normally the defendants, but a prosecution against a limited company can also be brought forward. The Crown Prosecution Service generally brings the prosecutions on our behalf (But technically the prosecutions are brought generally in the Queen's name).

The private organisations can also bring prosecutions, though -- quite a good number of private prosecutions are normally brought against shoplifters by shops. The criminal cases are generally handled in the Magistrates Courts but for more severe ones, the Crown Court is preferred (Hall 2009). The prosecution are the ones who bear the burden of proof in the criminal courts and they have to prove their case 'beyond reasonable doubt' hence raising the standards. This is the reason why a victim of crime might win a civil claim against the defendant for damages thus resulting in a judgment or conviction despite having been acquitted in the criminal courts, (Rogers 2010). A defendant, in the criminal courts, will either be acquitted or convicted; they receive a sentence if convicted, which is mostly a fine, or be held in prison custody while at times a community service order may be issued.

Importance of Employment and Criminal Law Knowledge to a Security Manager

For licensed security officers, protection of the personal safety of others and property is their primary responsibility. Only qualified and properly trained individuals should become licensed security officers because of the sensitive nature of their work. They give service in positions of public trust and the general business practices in the entire security industry should work for public good. Therefore, for compliance, the knowledge of the law is very essential (Rogers 2010). Each and every employee has rights and the responsibility to conduct themselves in a harmless manner. They should employ integrity and respect as they go about their daily duties and interact with colleagues.

In this realistic world that we live in, from time to time we experience vices such as strikes, demonstrations, protests, arguments, disputes, sexual advances, or sometimes inappropriate comments at our work place which may make it impossible for any victim in an organization to feel comfortable and operate effectively. When confronted by employees with various disputes in different situation that arises, demonstrating empathy might be helpful (Saunders 2013). It is important to avoid showing emotions when dealing with a group or an individual that is part of an investigation, instead you should record the facts gathered following all outlined guidelines within the policy and procedure document or the employment handbook. The security manager is considered…

Sources Used in Document:

References

Ashworth A and Redmayne M, (2010), The Criminal Process (4th ed, Oxford: OUP).

De Barnier V, (2014), "Chapter 16: Counterfeiting: The challenges for governments, companies and consumers, in Gill M, The Handbook of Security, Edition Palgrave Handbook, ISBN: 9781137323279

Hall M, (2009) Victims of Crime: Policy and Practice in Criminal Justice (Cullompton: Willan).

Herring J, (2014), CRIMINAL LAW: Text, Cases, and Materials, SIXTH EDITION, Oxford University Press

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