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b) Transfer of tangible assets: Yes, 2 vans, stock. Some of the van and all of the Confidentiality
Agreement Which would be more difficult for you: finding out that the leaders of your organization
have acted illegally or finding out that the leaders of your organization have acted unethically. Why?
The law can be an interesting subject, but multiple students find it abstruse and complicated too. A
person has to do a lot of research regarding laws, cases, and amendments. Preparing an assignment
for employment law can be perplexing as the subject involves so many rules and regulations. If the
employment law assignment is giving you the blues, the Sample Assignment is here to render you
employment law assignment help. Our team consists of legal experts who have been practicing law
for years now and have written multiple papers on employment laws. They are fully competent in
providing you with all the law assignment help you need. Pitfalls of ignoring your legal
responsibility In the UK, an employer is legally required to provide employees with a written
statement of their terms and conditions, within the first two months of their start date. Copyright
2014-2024 StudentShare.org Acts are always hectic things for any MBA students. The cases related
to those acts are more confusing that the act itself. You must be thinking, how to get rid of all those
stuffs. We at Casestudyhelp.com provide the complete support for all your assignments, including
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hands for the students of UK Law Assignment Help and USA Assignment Help Services. The full
support from our end at Casestudyhelp.com is always a great Help for MBA and Law students.
When extra authority and power come with job titles, you tend to see more ego-driven managers and
executives. That leads to infighting and an overreliance on office politics. Teamwork breaks down
and everyone begins to only look out for themselves. Companies like this cannot thrive, at least not
overall. Everyone is fighting for power for themselves by getting better titles instead of focusing on
the tasks at hand to make the company successful. Many of these companies also have strict salary
guidelines based on job title. Can a director be an employee of the company? Studying Law itself is
profusely challenging since it necessitates endless reading of thick law books, and when it comes to
writing lengthy assignments on the intricate topics of this subject, scholars feel stressed out and
become a bundle of nerves. To fabricate appealing paperwork, they pull a lot of all-nighters, spend
their days in college libraries to gather relevant info on the topic, and work their fingers to the bone
to draft from scratch, but still, they fail at leaving a positive mark on their professor. The reasons
behind getting disappointing results could be lack of focus and concentration, uninteresting
employment law assignment topic, time constraints, unclear knowledge about the guidelines, and last
by not least poor command of the English language. No matter what concern you’re grappling with,
now you need not worry at all as you haveemployment law assignment help experts by your side.
What a contract of Employment must contain: Course Hero, a Learneo, Inc. business Eligible
employees can take unpaid parental leave to look after their child’s welfare, for example to: Add
Modules Unit 24 – employment law katelynn jones -An express contract is one in which the terms
and conditions are spelled out in the contract, either verbally or in writing. Once an express contract
has been established and agreed upon, an identical implied contract cannot exist. Firstly, instead of
having 28 days (5 weeks) holiday he was given 15 days (3 weeks) which breaks the Working Time
Regulations 1998. No formal written confirmation was given to him, meaning Peter did not know
anything about his pay and that breaks the Employer Rights Act 1996, because all we know Peter
could be getting paid lower than minimum wage or some of his hours could have been skipped and
not accounted for. Wilson v Circular Distributors Ltd [2006] IRLR 38 Even if the employer was not
obliged to supply work at all times there still could be a contract of employment if the employee was
obliged to work when required to do so. contract. Wrongful dismissal only occurs when you are
dismissed in breach of Our experts are the masters of the field. They know every aspect of the
employment law. Keeping that in mind, our experts offer you stellar assignment help. available to
you. Almost everyone is entitled to receive pay at the national minimum wage at the 4. Identity
emerges from factors such as workforce, management and staff. Section 69 Equality Act 2010
provides that the burden of proof is on the employer to show that there is a Genuine Material Factor
as to why she should not be paid the same. Whether the employer can show that the difference in
terms is due to a material factor which is relevant and significant and does not directly or indirectly
discriminate against the worker because of her sex. Now, when an employee is dismissed, then
such kind of dismissal can be wrongful or unfair. While this is not a contract of employment, it can
act as a summary of the information contained in the contractual document. It should outline
essential terms and conditions, such as rate of pay, working As regards self-employed people, if you
genuinely free to decide when you will work; you can substitute someone else to do your work and
you can carry out work in the manner that you best see fit; you can make your own sick and holiday
arrangements and pay your own tax and national insurance, you could be a self-employed person
and be contracted to provide a service to the employer and hence your contract is a contract for
services. Dismissal is when an employer ends an individual’s employment. An employer can dismiss
an 15 employees and workforces of fitters but has employment and assets, so The basic statutory
leave is a maximum of two weeks. Unless agreed otherwise. Paternity leave must be taken between
the baby’s birth date or any other day of the week following the birth and within 56 days of the
baby’s birth date. The employee must inform the employer of their intention to take paternity leave
by the end of the 15th week before the baby is expected. The employee must provide:
11:59 PM Can a director be an employee of the company? By the end of this Large Group you
should be able to: 100% Confidentiality | 0% Plagiarism Unit 24 – employment law katelynn jones
Mr Smith worked for Pimlico Plumbers Ltd as a plumber from August 2005 until April 2011. He did
not carry out work for anyone else during this period. He had a heart attack in 2010 and required
adjustments to his work. These were not made. He brought a complaint of disability discrimination.
Pimlico Plumbers argued that the arrangement was a business-to-business relationship. If correct, Mr
Smith would have been without protection of the Equality Act 2010. The Supreme Court found that
Mr Smith’s employment situation fell within the definition of ‘employment’ in the Equality Act and
so he should be protected by equality law. You don't have any recent items yet. The mother can
choose whether to give up her leave and the parents can choose how to share any SPL, either taking
it in turns or taking time off together. Eligibility, notification and variation procedures are complex
but at least eight weeks’ notice must be given before the SPL starts. Under the new legislation the
need for a comparator has been removed i.e. the original test was less favourable treatment, this has
now been replaced by just unfavourable treatment. This then means that the employer will need to
show an objective justification to defend against a claim by such an applicant for indirect and
discrimination arising from a disability. You don't have any books yet. Professional Employment
Law Assignment Help, Homework and Essay Writing Services Some of the genuine problematic
areas for students in solving the assignment related Employment Law is stated below: On 30.10.21
he received a written statement in the post which stated his employer, his start date, the Subject: Law
Type: Assignment Level: High School Pages: 10 (2500 words) Downloads: 3 Author: leonardo41
interview: the start date, the pay, and procedures for grievance and disciplinary matters. He receives
nothing further in writing. CA COMMENCEMENT DATE AND TERM Complaints that do not
count as whistle blowing: Personal grievances (for example, bullying, harassment, discrimination) are
not covered by whistle blowing law, unless your particular case is in the public interest. Earn while
you Learn with us Studylists Some statutory rights apply just to employees, example: unfair
dismissal and redundancy, are claims that only employees can bring. Some rights apply to workers,
example: working and time regulations. c) Value of intangible assets: customer database, IP rights
Watch the media clip “Workers: a different animal?”. After you have watched the clip, answer the
following questions: i) Are all employees workers? Give a statutory reason for your answer. Yes,
there are under s(3) Employment Rights Act 1996. ii) Give an example of someone who might be a
worker rather than an employee. An agency worker. iii) Does a worker have a right to paid annual
leave? Yes, they do. They have an entitlement to annual leave and they also have a right to be paid
national minimum wage. They have the right not to have unlawful deductions made from their
wages. Discrimination law does cover workers too. iv) Does a worker have protection against unfair
dismissal? No, they do not. Home Services Labor Law Assignment Help 3 Beech Place, Hallam
3803 Victoria, Australia them or pay compensation. People cannot be dismissed over pregnancy
childbirth or maternity. Also, Even if you take on many different contract jobs that are similar in
nature, the will all be different for you to gain new skills and experience. You will learn things like
bonding, different ways of the workplace and much more, this will all help towards having
experiences to add to your CV. This will make finding a permanent job much easier when you can
impress managers with the skills you have gained throughout your experiences. your contract.
Victimisation? Potentially, but unlikely on these facts. Redundancy – she has worked there for 2
years and been dismissed. Who will these claims be against? Both of them would past against the
transferee. Unfair dismissal claim – sue both of them if any dispute. If it is not clear which party the
dismissal was due to, let the tribunal figure it out – matter of fact and law.
MBA
assignments
must
have
a
professional
touch
in
to
it.
The
professional
touch
may
be
developed
from
the
pattern
maintenance
or
through
the
smart
referencing.
We
at
Casestudyhelp.com
will
give
the
best
support
regarding
Employment
Law
Assignment
Help.
You
will
find
that
the
assignment
and
the
laws
you
mentioned
in
the
assignment
to
solve
a
case,
has
been
referenced
to
some
other
journal,
where
during
the
same
circumstance,
the
similar
act
was
used
to
resolve
the
case.
This
very
thing
provides
the
touch
of
professionalism
in
your
assignment,
in
MBA.
Distinction
between
admin
staff
and
staff
that
are
integral
to
the
company.
Do
Equality
Equality
and
diversity
are
important
topics
in
all
businesses,
whether
you
have
three
employees
or
three
hundred,
and
whether
you
work
in
an
office,
a
warehouse,
or
on
a
factory
floor.
The
goals
of
equality
and
diversity
are
to
guarantee
that
everyone
has
equal
access
to
opportunities
and
is
treated
fairly.
It
may
seem
self-
evident
to
express
and
discuss
equality
and
why
we
all
deserve
to
work
in
an
atmosphere
free
of
discrimination,
harassment,
and
other
forms
of
harassment.
When
you
peek
behind
the
scenes
of
a
firm
or
organisation,
however,
this
is
not
always
the
case.
In
your
job
specification
or
description,
you
should
not
discriminate
against
individuals
applying
for
a
job
role
based
on
their
religion,
gender,
or
colour,
among
other
factors.
You
don't
have
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Studylists
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homework
help.
While
writing
your
assignment,
our
experts
explore
the
boundaries
of
the
following
elements-
Bullying
and
harassment
can
happen
face-
to-
face,
by
letter,
by
email
and
by
phone.
Law
on
Daily
Rest
Time:
The
law
on
rest
breaks
at
work
also
provides
at
least
one
full
day
of
rest
per
week
(as
an
average).
Even
though
most
workers
will
not
go
to
work
at
the
weekend,
the
rules
state
that
they
have
the
right
to
either
one
uninterrupted
period
of
24
hours
without
work
each
week
or
one
uninterrupted
period
of
48
hours
without
work
each
fortnight.
In
some
cases,
your
employment
contract
may
state
some
differences
to
the
standard
workers’
rights
to
rest
breaks
from
work.
Mutuality
of
Obligation
So
both
the
employer
and
the
employee
must
be
under
obligations
to
one
another.
qualifications,
experience,
and
abilities
to
assist
and
benefit
the
Employer.
building
firm.
A
week
after
the
interview
he
received
written
confirmation
of
what
was
agreed
to
at
the
Section
69
Equality
Act
2010
provides
that
the
burden
of
proof
is
on
the
employer
to
show
that
there
is
a
Genuine
Material
Factor
as
to
why
she
should
not
be
paid
the
same.
Whether
the
employer
can
show
that
the
difference
in
terms
is
due
to
a
material
factor
which
is
relevant
and
significant
and
does
not
directly
or
indirectly
discriminate
against
the
worker
because
of
her
sex.
In
some
circumstances
provided
the
employer
has
acted
reasonably
then
it
is
likely
the
dismissal
will
be
classed
as
being
fair.
For
example
where
there
are
a
number
of
short
term
absences,
the
employee
has
been
warned
and
there
has
been
no
improvement
then
it
is
likely
that
such
a
dismissal
will
classified
as
fair
by
the
Employment
Tribunal
(International
Sports
Co
Ltd
v
Thompson
[1980],
Lynock
v
Cereal
Packaging
Ltd
[1988]).
Once
the
employee
has
established
that
he/
she
has
a
prima
facie
case
for
unfair
dismissal
this
obviously
does
not
mean
that
he/
she
will
automatically
be
successful
in
a
claim
for
such.
The
employer
may
still
have
the
opportunity
to
prove
that
the
dismissal
is
fair
under
one
of
the
six
potentially
fair
reasons
for
dismissal
contained
in
section
98
Employment
Rights
Act
1996.
On
the
assumption
that
appropriate
consultation
has
taken
place,
the
issue
here
is
whether
or
not
an
appropriate
selection
procedure
has
been
adopted.
A
redundancy
matrix
system
is
acceptable
provided
the
criteria
used
are
fair.
The
criteria
used
must
be
objective.
4.
Explain
the
legal
approach
to
determining
whether
someone
is
an
By
the
end
of
this
Large
Group
you
should
be
able
to:
In
relation
to
wrongful
dismissal,
the
essence
of
the
concept
is
a
breach
of
contract
which
results
in
the
termination
of
the
contract
of
employment.
This
can
be
the
actual
dismissal
of
the
employee
by
the
employer
or
the
constructive dismissal
of
an
employee.
Wrongful
dismissal
is
a
common
law
concept
traditionally
dealt
with
by
the
courts,
though
it
should
be
noted
that
through
legislation
Employment
Tribunals
have
been
given
some
power
to
deal
with
cases
of
wrongful
dismissal,
hence
claims
for
both
unfair
and
wrongful
dismissal.
Sue
wants
to
know
what
her
legal
rights
are,
including
any
possible
remedies.
Dominic
tells
you
that
he
thinks
Sue’s
dismissal
is
in
breach
of
the
law.
He
thinks
that
she
will
be
entitled
to
claim
either
Unfair
Dismissal,
Constructive
Dismissal
or
Wrongful
Dismissal.
He
is
not
sure
which
and
has
had
enough
for
the
day.
He
wants
you
to
do
the
following:
?Employment
Law
Scenario
I
The
question
is
whether
the
two
employees
Janice
Hall
and
Kelsey
Fields
have
been
unfairly
and
or
wrongfully
dismissed.
An
employee
is
deemed
to
have
been
wrongfully
dismissed
if
there
is
no
adequate
notice
by
the
employer
as
per
their
employment
contract.
Notwithstanding
a
breach
of
contract,
unfair
dismissals
occur
if
they
do
not
fall
under
one
of
the
six
fair
reasons
allowed
by
law.
Besides,
unfair
dismissal
occurs
if
the
employer
has
not
followed
a
fair
procedure
and
has
acted
unreasonably
in
the
dismissal
of
the
employee.
Under
certain
circumstances,
employer
must
comply
with
the
ACAS
Code
of
Practice
on
Disciplinary
and
Grievance
Procedure
failing
which
the
Employment
Tribunal
will
find
for
the
employee.
The
Tribunal
has
the
discretion
to
increase
the
award
by
25
%
if
the
employer
has
not
complied
with
the
Code.
Employees
have
the
right
to
insist
on
reasons
for
dismissal
in
writing
under
section
92(1)
of
the
Employment
Rights
Act
1996.
(ERA)
since
a
written
statement
can
serve
as
evidence
in
any
subsequent
Tribunal
proceedings.
If
the
employer
has
not
shown
lawful
reasons
for
dismissal,
not
followed
the
set
procedure
and
not
given
sufficient
notice,
the
employee
can
claim
unfair
or
wrongful
dismissal.
Requirement
of
a
notice
depends
on
the
terms
of
employment
contract
i.e
whether
the
employment
is
for
a
fixed
period
or
an
indefinite
period.
If
indefinite,
the
contract
must
have
a
provision
for
the
period
of
notice
by
the
employer
or
employee.
In
case
of
notice
period
mentioned
in
the
contract,
a
reasonable
notice
is
a
must
though
the
length
of
notice
can
vary
according
to
circumstances
and
industry
norms.
However,
an
employer
is
required
to
give
a
statutory
minimum
period
of
notice
i.e
one
week’s
notice
if
the
employee
has
worked
continuously
for
one
month
or
more
but
less
than
two
years.
If
the
period
of
service
is
two
years
or
more
but
less
than
12
years,
one
week’s
notice
is
required
for
each
year
of
continuous
employment.
If
the
employee
has
worked
for
12
years
or
more,
employee
is
entitled
to
minimum
12
weeks’
notice.
This
is
regardless
of
any
shorter
period
mentioned
in
a
contract,
though
longer
period
than
statutory
period
is
allowed.
A
notice
already
issued
cannot
be
withdrawn
without
a
mutual
consent.
If
there
is
no
notice
given
by
the
employer,
it
will
amount
to
wrongful
dismissal
entailing
payment
of
damages
equivalent
to
the
wages
and
benefits
for
the
stipulated
period
of
notice.
In
case
of
a
PILON
(payment
in
lieu
of
notice)
clause
in
the
employment
contract,
it
will
not
amount
to
breach
of
contract
if
the
employer
has
given
money
to
the
employee
in
lieu
of
notice.
However,
if
the
employee
has
committed
serious
or
gross
misconduct,
summary
dismissal
without
notice
with
immediate
effect
is
justified.
The
seriousness
or
gross
nature
of
misconduct
will
depend
upon
the
circumstances.
Theft,
fraud,
physical
violence,
serious
negligence
or
serious
breaches
of
health
and
safety
rules
are
instances
of
serious
misconduct.
Examples
are
usually
illustrated
in
the
disciplinary
procedure
prescribed
by
the
employer.
For
claiming
wrongful
or
unfair
dismissal,
an
employee
must
have
put
in
one
year
of
continuous
employment
with
the
employer.
The
qualifying
period
of
employment
has
been
increased
to
two
years
from
the
date
of
6
April
2012.
This
will
not
apply
to
those
employees
whose
qualifying
period
commences
before
6
April
2012.
A
fair
dismissal
exists
in
the
following
circumstances
as
mentioned
in
section
98
(1)
of
the
ERA:
Lack
of
skill
or
qualifications.
2.
Misconduct
by
the
employee.
3.
Redundancy.
4.
Retirement.
5
Breach
of
an
Act
in
case
of
continued
employment.
6.
Any
other
reason
of
substantial
nature.
Even
then,
it
is
expected
of
an
employer
to
follow
a
fair
procedure
to
dismiss
the
employee
as
mentioned
in
section
94(4)
of
the
ERA.
Of
these
reasons,
conduct
on
the
part
of
the
dismissed
employees
herein
is
of
immediate
relevance.
In
order
to
decide
whether
the
employer
has
acted
fairly
in
dealing
with
his
employee’s
misconduct,
he
should
show
that
he
has
carried
out
a
full
investigation,
informed
the
employee
of
allegations
levelled
against
him/
her
well
in
advance
of
the
disciplinary
proceedings,
showed
the
employee
the
evidence
of
misconduct,
and
should
have
allowed
the
employee
opportunity
to
explain
his/
her
case
on
the
evidence.
Besides,
the
dismissed
employee
should
be
given
the
right
of
appeal
against
dismissal.
The
employer
must
also
have
complied
with
the
ACAS
Code
of
Practice
on
Disciplinary
and
Grievance
Procedures.
This
code
is
applicable
to
disciplinary
situations
concerning
misconduct
or
poor
performance.
The
code
is
not
mandatory
for
other
situations.
A
dismissed
employee
can
bring
in
a
claim
before
an
Employment
Tribunal
within
three
months
from
the
date
of
dismissal.
Alternatively,
both
employer
and
employee
can
mutually
agree
to
refer
the
dispute
before
ACAS-
appointed
arbitrator
under
the
ACAS
Arbitration
Scheme
which
is
meant
for
giving
quicker,
cheaper
and
an
amicable
solution.
Under
both
the
above,
employees
may
avail
the
remedies
of
re-
engagement
or
reinstatement
though
these
are
rarely
met
with.
In
most
of
the
cases
for
unfair
dismissal,
compensation
is
awarded
either
as
Basic
Award
or
Compensatory
Award.
Basic
Award
involves
calculation
with
reference
to
salary,
age,
length
of
service
subject
to
a
maximum
award
of
?
11,400
with
effect
from
1
February
2010.
On
the
other
hand
a
compensatory
award
involves
reimbursement
of
actual
losses
suffered
by
the
employee
and
at
the
discretion
of
the
Tribunal
subject
to
a
maximum
of
?
65,300
with
effect
from
1
February
2010.
There
are
certain
automatically
unfair
reasons
for
reasons
for
which
minimum
period
of
service
for
one
year
is
not
necessary.
However,
theft
is
one
of
such
automatically
unfair
reasons
(Davies,
2011).
(FindLaw.UK,
n.d.).
(Guide,
n.d.)
(StatutoryInstruments,
2012)
The
ACS
Code
of
Disciplinary
and
Grievance
Procedures
The
Code
stipulates
that
there
should
be
a
written
statement
of
procedure
governing
disciplinary
and
grievance
issues
and
should
be
given
to
each
employee
or
it
should
be
available
to
employees
on
demand
such
as
through
intranet.
The
procedures
are
generally
incorporated
in
the
employee
handbook.
It
is
desirable
that
the
procedures
are
not
mentioned
in
the
contract
so
that
the
updated
procedures
are
available
separately
and
the
employee
is
not
tempted
to
raise
frivolous
disputes
by
looking
into
the
contract
every
time.
The
code
requires
that
within
two
months
of
employment,
employee
should
be
furnished
with
a
statement
of
employment
particulars
that
should
include
applicable
disciplinary
rules
and
procedures
for
disciplinary
or
dismissal
proceedings.
It
should
also
mention
to
whom
an
aggrieved
employee
should
apply
against
any
disciplinary
decision
and
whom
the
employee
can
approach
for
redressal
of
any
grievance
along
with
the
guidance
as
to
how
the
application
should
be
made.
The
procedures
should
be
tiered
in
such
a
way
that
employee
can
approach
the
next
level
if
the
first
step
fails.
While
statutory
dismissal
and
disciplinary
procedures
(DDPs)
apply
to
any
reasons,
the
ACAS
Code
applies
to
only
disciplinary
situations
of
misconduct
and
poor
performance.
Once
the
disciplinary
proceedings
are
initiated,
the
employer
must
carry
out
investigation
of
the
disciplinary
issues
without
due
delay
and
establish
facts.
Paid
suspension
can
be
resorted
to
if
necessary
during
the
investigation.
The
employer
should
inform
the
employee
of
the
allegations
in
writing.
Any
written
evidence
and
statements
of
witnesses
should
also
be
given
to
the
employee
who
should
be
informed
of
the
time
and
venue
of
the
disciplinary
hearing
and
be
advised
that
he
can
be
accompanied
by
a
fellow
worker
or
a
trade
union
representative
at
the
time
of
hearing.
The
employer
must
explain
the
allegations
and
examine
the
evidence
and
the
employee
should
be
given
opportunity
to
make
out
his
case
in
defence.
The
employee
shall
have
the
right
to
ask
questions,
present
evidence
and
raise
points
in
regard
to
the
witness
statements
if
any.
Thereafter
the
employee
should
inform
his
decision
in
writing
without
delay
and
in
case
of
misconduct
or
poor
performance,
generally
a
written
warning
and
a
final
warning
before
dismissal
is
ordered.
However,
gross
misconduct
need
not
be
preceded
by
warnings
but
due
process
(disciplinary
procedure)
must
be
followed.
If
the
employee
is
aggrieved
by
the
decision,
he
can
appeal
in
writing
which
should
be
heard
without
delay
by
a
manager
not
involved
in
the
previous
proceedings
and
the
employee
can
bring
in
a
companion
at
the
hearing
of
the
appeal.
If
however
employee
directly
approaches
Employment
Tribunal
without
an
internal
appeal,
compensation
may
be
reduced
(Davies,
2011).
Sodexho
Defense
Services
Ltd
v
Steele
(2009)
Steele,
the
claimant
was
dismissed
for
steeling
about
?
10,000
over
a
period
of
time
while
she
was
in
charge
of
bagging
up
the
money
for
the
company,
Sodexho
she
worked
for.
The
practice
was
that
at
the
end
of
each
day,
two
members
of
the
staff
used
to
count the money and bag it up under the surveillance of CCTV. Between April and July, the claimant
had
bagged the money on occasions cash was found short. Employer’s investigation found that claimant
switched off the CCTV to prevent screening of counting and bagging process. However, the footage
showed
the
claimant
approaching the camera before it was turned off. At the time of disciplinary hearing claimant
admitted to counting and bagging and conceded that she should have kept the camera on during the
counting and bagging. The Tribunal held the dismissal as unfair for the reason that the employer
“wholly and irrationally” (p130) excluded the other employee from disciplinary proceedings as she
had
left employment. (Davies, 2011). The Employment Appellate Tribunal (EAT) reversed the decision
stating that it was a fair dismissal with a commentary “any employer was fully entitled to take the
view that claimant was guilty and investigation… was entirely adequate” (Davies, 2011, p. 130).
Case merits Janice has worked for 2 years and Kelsey for less than a year. Janice has the right to
apply
for
relief for unfair dismissal before the ETA as she has put in the qualifying period of employment.
However,
both
the
cases
involve wrongful dismissal since the employer has not followed the procedure of ACAS code which
is
applicable
for
gross
misconduct.
The
employer
has
not
given
them evidence to prove their guilt nor were they given opportunity to explain. For gross misconduct,
the
employer
has
not
given
the
prescribed
notice
periods before dismissals. Moreover, the employer’s case is very weak in that the locker system was
not
foolproof. In the first place, there should have been no common locker which prevented pinpointing
the
guilty person. Besides, the security had another set of keys with which the lockers could have been
opened without the workers’ knowledge. The employer has not conducted enquiries with the security
staff. Conclusion In view of the above said inherent weaknesses in the locker system, the employer is
not
justified in dismissing both the employees that too without following the ACAS Code disciplinary
procedure
and
without
giving
reasons
for
dismissals
in
writing.
In
order
to
mitigate the unfavourable outcome for the employer, the employer should offer to leave matter to be
arbitrated and the employees allowed re-engagement or reinstatement especially because there is no
prior history of misconduct on their part. Scenario 2 The question in this case is whether Robert’s
employment
could be terminated because of disability in spite of his service with the company for nearly 9 years
or
whether
he
could be re-deployed.. The EU Council Directive 2007/8/EC on equal treatment in employment and
occupation prohibits discrimination based on disability among other grounds such as age, sexual
orientation, religion or belief. Article 5 of the Directive requires the employers to enable a disabled
employee
to
participate in employment unless it would cause disproportionate cost of burden on them. Article 9
of
the
Directive entitles an employee to make a claim for equal treatment if he considers himself wronged
by
the
employer
on
the
basis of his disability. European Court of Justice’s decision in Coote v Granada Hospitality Limited
[1998] imposed an obligation on the member states to enact in their national law enabling disabled
employee
to
be
protected from employer’s retaliatory action. The protection is not available to a person not willing to
do
or
capable of doing a job (Moffat, 2011). Employment Rights Act‘s section 98 (2) (a) deals with
incapability which includes disability. Under this Act, disability is one of the fair reasons for
dismissal.
However,
the
employer
is
required
to
consult with the employees for chances of improvement in his work before dismissing the employee.
The
employer
must
allow reasonable time to recover from illness (FindLawUK, n.d ). The employee’s condition being
one
of
the
fair
reasons
for
dismissal,
the
employer
can
consult with the employee for the possibility of terminating his employment before the actual
dismissal
is
made.
In
this
case,
the
employer
is
required
to
follow
a
fair
procedure
for
dismissal
that
complies with the principles laid down by case law. The ACAS Code on Discipline and Grievance is
not
applicable
in
cases
of
dismissals
due
to
ill-health or capability. However, the employer is required to adopt a fair dismissal procedure to meet
the
ends of justice. Thus, the employer must give sufficient notice of meetings to the employee in
advance
regarding
matters to be discussed in the meeting and follow the outcomes of the meeting. He should also
allow a companion to be present at the meeting. The employer should carry out investigation in this
regard. He should also give opportunity to the disabled employee to give representations and give
him a right of appeal. The employer should obtain clear prognosis of the employee’s disability and
consider alternative positions if possible. The employer’s right to terminate employment on the
grounds of disability is highly restricted if the employee is entitled to receive relief through
Permanent Health Insurance (PHI) Schemes. Note that Robert has served for nine years. Thus, it will
be
unlawful for the employer to dismiss if the employee is in receipt of PHI reliefs by virtue of an
implied condition against dismissal during his incapacity which would deprive him of the disability
benefit. However, the employer is free to incorporate in the contract of employment his right to
terminate in case of disability in spite of such disability benefits. Thus, an employee dismissed due
to
his
illness can make a claim under the Disability Discrimination Act 2005 or Equality Act 2010 as maybe
applicable. (Davies, 2011). The employee has to substantiate that employer meted out to him
unfavourable treatment because of disability described as “a physical or mental impairment which
has
a
substantial
and
long-term adverse effect upon a person’s ability to carry out normal day to day activities” (Davies,
2011, p. 460). A person can make disability related dismissal claim both the under Employment
Rights
Act
1996 as an unfair dismissal and under the Equality Act 2010 as disability discrimination. There will
be
substantial
overlap between these two Acts. No provision in the Equality Act 2010 bars an employee from
claiming
under
Employment
Rights
Act
1996 also. A dismissal on the grounds of disability does not make an automatically unfair dismissal.
Equality
Act
2010
does
not
conflict with section 98 of ERA 1996. If an employee is governed under the Equality Act 2010, it is
not
possible
for
the
employer
to
make
a
plea that the disabled employee was incapacitated in terms of section 98(2) (a) of the ERA 1996. In
Archibald v Fife Council [2004] UKHL 32 (2004) IRLR, it was held that employer is bound to make
reasonable
adjustments in the working conditions including transferring of jobs. There are advantages for
employee
to
prefer a claim under Equality Act 2010 as there are no restrictions on age, qualifying period of
employment
and
the
amount
of
compensation
to
be
awarded
(Holland & Burnett, 2012). Conclusion. Robert Keys who is now an almost disabled employee is
unfit to sales job hereafter since he cannot efficiently undertake travel jobs. At the same time,
provisions of the Employment Rights Act 1996 and Equality Act 2010 make it very hard for the
employer
to
terminate his employment without attracting claims for unfair dismissal. In the absence of evidence
against
him ( i.e acting against the employer’s instruction and having been drunk while driving ), the
disability has occurred during the course of employment for which employer is liable. Fortunately,
Robert Keys is qualified with a computing degree with which he can be considered for alternative
employment
involving computing within the company. References Archibald v Fife Council [2004] UKHL 32
(2004) IRLR Coote v Granada Hospitality Limited [1998] IRLR 656 Davies, A. (2011). Workplace
Law
Handbook 2011:Employment Law and Human Resources. Cambridge: Workplace Law Group.
Employment Rights Act 1996 C 18 < http://www.legislation.gov.uk/ukpga/1996/18 > FindLaw.UK.
(n.d.). Unfair Dismissals FAQs. Retrieved December 9, 2012, from Find Law UK: http:/
/www.findlaw.co.uk/law/employment/unfair_dismissal/500169.html FindLawUK. (n.d ). Does your
employer have a fair reason to dismiss you? Retrieved December 9, 2012, from FindLaw UK: http:/
/www.findlaw.co.uk/law/employment/losing_a_job/500305.html Guide. (n.d.). Dismissing Staff: Part
3. Unfair Dismissals. Retrieved December 9, 2012, from Gov.UK: https://www.gov.uk/dismiss-staff
/unfair-dismissals Holland, J., & Burnett, S. (2012). Employment Law. Oxford: Oxford University
Press. Moffat, J. (2011). Employment Law. Oxford: Oxford Univesity Press. Sodexho Defense
Services Ltd v Steele (2009) UKEAT/037/08 StatutoryInstruments. (2012). The Unfair Dismissal and
Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012. Retrieved
December 9, 2012, from Legislation.gov.uk: http://www.legislation.gov.uk/uksi/2012/989/note/made
Read More (b) This part of the question involves a possible disability discrimination claim. Anne
believes that the reason she did not get the promotion is because of her disability. Disability
discrimination is a protected characteristic under section 4 Equality Act 2010. Under the Act there
are various forms of discrimination including direct, indirect, harassment and victimisation and on
the assumption she is disabled under s.6 she can prima facie apply to an Employment Tribunal.
What to do if bullied or harassed at work: Employees should see if they can sort out the problem
informally first. If they cannot, they should then talk to their manager, human resources (HR)
department or their trade union representative. If their does not work, they can make a formal After
a lot of struggles workers faced in the past, they are now enjoying the rights that are beneficial for
them. Employment laws make sure that none of their rights will be violated by the employer at any
cost. Why is it Important for Employers or Businesses to Respect Employee Rights? Encouragement
and mutual respect can help to reduce stress and conflicts within an organisation. As workplace
peace improves, so will workplace respect, which will help to develop employee interaction and
connections. It will also improve teamwork while lowering stress levels. Instead, it will increase
production, information, and the ability to comprehend things. In the United Kingdom, all
businesses and organisations must follow and adhere to strict rules designed to protect their
employees' right to fair treatment. Redundancy is a form of dismissal from your job, it can happen
when employers need to reduce their Ravindi has been employed and worked at Savesome for 4
years with an annual salary of Hrm 320 ( employment law ) week 2 assignment Add Books The
advantages of informal grievance procedures are that the issues are normally small problems, so it
means that they won’t have to be taken further than a manager this saves time for the employee and
employer. Another advantage is that as they are within the workplace you might feel more
comfortable as you know your manager better than random people so it makes it a calmer
environment, however, this could also mean that you might be closer to your manager than other
people so they will let you off easier which isn’t fair on other employees or for the business. A
disadvantage is that if the manager does not follow the procedure fairly or fully throughout it can
lead to much-complicated problems down the line and the problem could come up multiple times and
be taken higher which causes a lot of stress and time wasted. Another disadvantage is that might take
a long time for the employer as the employee might have the right to appeal.