This sample will let you know about:
- What is Employment Law?
- What are the Termination of employee?
- Discuss How Action taken under the grievances.
INTRODUCTION
Employment law refer to such laws which is mainly imposed in respect of building the strong relationship between the employer and employee. This law is designed in respect of securing the right of employees and also punish the person who committed any breach in violating the terms of contract mentioned under the employment contract. Under the employment and labour law, 2019 it mainly covers justice to various issues such as leaves allotted to employees or rights of employees in case of maternity and paternity leave or facing any issues related to discrimination at work place. Present report is based upon the two case studies in which the decision is given to both the parties regarding facing issues under the company and also facing violation of their rights.
Issue
In this case the issues is identified regarding taking inappropriate leaves in case of not having any serious major issues. The case is between the Dylan V Rose, as Dylan is an employee of the bank for the period of five years and after having so many health issues, he is absent for the several months. Rose, who is the line manager of the bank shared various remedies regarding improving the health condition and also refers to take an appointment to an occupational therapist regarding consulting for the serious health issues. As the issues also raised regarding undertaking the work which is only committed by the Dylan in relation to managing the banks trading. Rose is also the friend of the Dylan on Facebook and after few days of taking leave from work, Dylan posted the photos on Facebook regarding his Dubai trip with family and doing Bungee jumping. Under the employment act, no person can be terminated or removed from the job until he violates the terms and condition mentioned under the contract. In such manner, solution is to be given to the Rose regarding taking strict action against Dylan in respect of violating the bank agreement regarding taking leaves on unfair bases.
Rules
Employment act
Under the working time regulation, 1998, in this the laws are mainly regulated to control the activities of the employees in the business. Employer is liable to work on an average of 48 hours a week if they are over the age of 18 years. But in case of children, who are under the age of 18, they are not liable to work for more than 8 hours a day. As per the employment act in UK, the employees can take the sick leave for the period of 6.9 days per year. Under the working time directive (WTD), no employees is liable to take leave from office for the period of the four weeks. But if there is some specific condition mentioned under the contract which is made between the employer and employee at work place, then it is not applied on such cases. In respect of specific terms regarding sick leave is mentioned under the contract and still the employee is taking continuous leaves, in such case employer carry the liability to take strict actions.Need Help With Law Assignment help? Talk to Our Experts.
Termination of employee
Under the employment Right act, 1996 the person can be dismissed after giving reasonable notice of their dismissal or giving the opportunity to present the reason regarding their illegal activity committed at work place. Section 86 stated that every person once dismissed had to work for one month after receiving the removal letter from the employer on ground of committing any illegal act. It is explained with the case stated as the Creen V Wright (1875-76) LR 1 CPD 591, this case reflects the issues regarding dismissal of the person on grounds of Wrongful act or carrying any unfair terms which reflects the smooth working of the business. As Mr. Creen who is the master mariner work under the command of the Mr. Wright and also enter into the written agreement. After working as per the set norms given by the Mr. Wright regarding attaining the work, Mr, Creen received the notice from the Mr. Wright regarding dismissal from the job. As Creen filled the suit in the court regarding unfair dismissal or also not given proper notice regarding removing from the jobs. In such manner, the judgement is given in favour of the Creen regarding giving reasonable opportunity of hearing to present their views and also appropriate notice is to be issued regarding the matter of termination from the job.
Case study
This is supported with the case of Sood enterprises V Healy, As Mr Healy is on leave for the period of June 2010 to July 2011. As the issues in this case is examined regarding taking leave for the whole year after giving resignation but Mr Healy claim for the compensation of the amount as he thinks that the leaves for the whole year are carried forwards in the next year. But as per the judgement raised by the Employment appeal tribunal, they provide judgement in the favour of the Sood company as no such polices is mentioned in the contract regarding carrying forward of the leaves. The judges also supported their decisions in favour of norms granted under the National working time Regulation, 1988.
Application
By applying this case study, in the relevant case which stated that no employee is granted for any extra leaves if they are mentioned in the contract and also the company is liable to take strict action, if they feel that the employee is infringing the terms of employment contract. In this case, the issues is also raised regarding misleading the trust in respect of taking extra leaves by giving the reason of not feeling well. Under the employment act, the rights are given to the employer to take strict action in respect of any breach committed by employee by giving unfair reason of taking the leaves. The duty of HR to take strict actions as they are responsible to hire the employees and make them familiar regarding the company policies. After verifying with all the policies of the company in respect of working criteria, shift timing, salary details, leave details or termination or removal from post in case of any issues is arisen.
Usually every company had different perspective of taking the norms regarding dismissal of person on grounds of violation of company rules. Similarly, this happens, in this case as HR carry the right to terminate the Dylan from his duty as Dylan in not performing his duty as per the set norms mentioned in the contractual agreement. It also results in fraud committed regarding misusing the company policies for their personal benefits. HR can provide adequate notice to Dylan regarding providing him warning in context of taking strict action as not such liberty is given to the employees in respect of taking excessive leaves.
The option are to be given to the Dylan regarding giving resignation letter to the Rose in respect of not accomplishing the task on which perspective he is appointed. As banks is facing losses, as they are not finding the right person to handle the work or in absence of Dylan, there is no person who is covering such work in better way. Thus, HR can imposed the liability upon Dylan regarding providing training to the person which can attaining the work on his behalf and also banks can overcome from such losses for such particular time period. In such manner, HR can also let Dylan go after he completed the notice period which every employee had to serve, if they are an employee of the respective company.Take Examples of Assignments Now!
Conclusion
From the above discussion, it is stated that employment policies pay the active role in the company regarding managing the interest of employees and also motivated other team member to work in the set directions. In this case the issues is raised regrading taking false leaves which results in affecting the working of the company and also it distracts other employee interest to take such steps which is taken by Dylan in bank. As employment law is mainly imposed to maintain the close relationship between the employer and employee and also take initiate steps to secure the right of the employee at work place.
In this case, the breach is committed by Dylan regarding misusing their right in respect of taking extra leaves by giving the reason of heath issues such as Colds, Flus and headaches etc. usually company provide some liberty to their employees if they are facing serious health issues but in case of employee taking wrongful use of leaves, than company carry the liability to dismiss such employees on grounds of fraud committed. As the condition of the Dylan is still manageable by doing proper exercise but due to not taking any seriousness in jobs, HR carry the right to dismissed Dylan from his position after giving reasonable notice of his dismissal.
The points which is recommended to the HR regarding allotting the sick leaves to employees is based on carrying the strong evidences which is to be proved by the employees if they are taking the sick leave. As the policy is to be imposed regarding carrying the proper prescription of the issue caused and also had to carry the medial certificate from the doctor which they are recruiting. Through this manner, company can stop such employees from taking any fraud leaves in misusing the policies of the business.
CASE B
Issue
In case of Ria, the issue is examined regarding misbehaviour of the senior colleague, Max at work place. As misbehaviour is done regarding continuous texting on her phones even after the office hours or making sexually suggestive comments on her figures which feels disruptive and guilty in front of everyone. After explaining Max for so many times regarding not doing such activity, he said that Ria could not take these things as joke but flattered that everyone is appraising her about her figure and look. After complaining about the allegation which is made by Max, max avoided Ria to keep away from all the social gathering and also tell their colleagues to stay away from Ria. This resulting in feeling negligences at work place and also bring trouble to Ria to further continue to work at that place.
Rules
Misbehaviour an illegal activity
Under the Employment and labour law, 2019, the harassment is one of the criminal activity which carries the purpose of violating the employee dignity and also resulting in affecting the working environment. If any person deal in any such activity regarding unlawfully victimizing the other employees, then they are culprit in the eyes of the laws and also punishable under the Equality act, 2010. The consequences of misbehaviour arise regarding facing depression or anxiety in attaining any task or meeting any new persons, feeling negligent to avoid the person in front of anyone.
Action taken under the grievances
In respect of receiving any grievances regarding facing misconduct at work place, it is the duty of the occupier under the Occupier Liability act, 1957 as owner carry the duty regarding protecting their employees at work place. If they find any nuisance activity which affect the working of the business, they carry the liability to take strict actions against the person who are violating the terms of the companies. If owner receive any grievances from the person, they carry certain rights such as:
- Not to disclose the name of the person who file complaint against the person who committed such illegal activity.
- Open discussion is to be undertaken in which the defendant given the chance to present the reason behind engaging any offensive work.
- The hearing which is undertaken is confidential and privacy.
Remedies of such grievances
The remedies which is available to the employees against the harassment or bullying activity which affecting their rights of working in right direction resulting in giving liberty to file they suit against such person in case of infringing fundamental right. As every employee had right to freedom or move feely at any place. No person is liable to bound any employees to attain any task which the employees carry the right to do that. Under the terms of general harassment, there is no legal remedy which is available to person but if it creates any mental or health issues than, it is punishable under the criminal act. If any person is affected with any of the person activities, then they carry the right to get compensation for the losses incurred regarding facing damages to their feeling.
The case study relevant to this case is stated under the Munchkins Restaurant Ltd and Anor V karmazyn [2010] UKEAT/0359/09, in this case the allegation is raised by Karmazyn and other three claimants regarding facing abusive comments from Mr Moss. Mr Moss, who is the owner of the Munchkins restaurant order the waitress to wear the short skirts and also talk with them about the sexual matters. Mr Moss is hurt when he feels that their waitress file the suit against them in respect of making various allegation which they faced at work place. The judgement is made in favour of claimant as they agree that this is the case of sexual harassment case and it is the duty of Mr. Moss to give rewards to the claimant in term of £15,000 for the injury which they suffered though affecting their feeling and £1000 for the aggravated damages which is occurred during working under the Munchkins restaurant.
Also Read- Criminal Justice Process Report
Application
By referring this case to the stipulated case, it is stated that Max had committed the illegal activity which resulting in affecting the interest of the employees at work place. The claim for sexual harassment is higher if it affects the rights of the person and also results in affecting the reputation of the company. As employees firstly prefer to work in such places where they feel secured and also the working environment is less offensive. In this case, the Ria raised the grievances regarding facing harassment at work places which results in affecting their rights and also restrict them to work freely.
Thus, under the Equality act, it is the duty of the owner to treat every person equally and also carry the right to take care of the employees regarding securing their interest and reputation at work place. The owner also had taken care of the employees regarding taking strict action when they feel that the senior owners are not taking care of the junior or also using abusive languages at work place. In such aspects the remedies which is available to Ria regarding securing the interest under the work place is to get compensation for the losses injured in respect of feeling. As she faced various abusive comments from Max and also feel negligent in respect of avoiding her or not involving in any of the social gathering. This results in causing wider impact on her mental and health issues from which she adapts appropriate action to overcome from such challenges.
In such manner, HR takes strict action against Max, as this is against the policies of the company and also affecting the working environment and reputation of the business. HR carries the power to terminate Max as dealing in abusing activities resulting in affecting the goodwill of the company and also it affects other employees interest to feel less secured at work places. HR also imposed certain monetary amount upon the Max in relation to paying money to Ria regarding affecting their feeling. Through this manner, they are providing accurate justice to the employees and also reflects the fair judgement made under this case.Finding Online assignment help UK ? Talk to Our Experts.
The above discussion reflects the matters and role of HR in business. As HR duty is to maintain the simple working environment with less offensive activities between the employees at work place. In this case Max committing the illegal work which affects the right of the Ria during attaining the task or mixing up with their fellow workers. Under the Equality act, every person are equal for the company and thus in case of infringement of any right of the employees, than it is the duty of the owner to take strict action against such person. In this case, to reduce the misbehaviour activities at work place, HR had to personally interact with the employees regarding sharing their views during attaining the work and also what they feel about their fellow workers.
In most cases, employees not freely communicate with HR and share their views which happens at work place, thus, in such manner to organize the outing session, helps them in building strong connectivity with them. They also impose penalties upon the employees, if the issue of general harassment is examined. But in case of serious Bullying, they take strict action against the person who deal in such illegal crime which affecting the interest of the employees to work freely at premises. As Ria had choosing the right path in respect of taking serious action against the Max, as if she not takes this step it results in facing continuous harassment and also motivating the criminals to attain such activity.
Conclusion
From the above study, the report concludes the matter relating to effective working under the employment and labour law. It is imposed in protecting the interest of the employees regarding working securely and also given liberty to share any matter with their superiors if they are facing any serious issue at work place. In first case the matter is discussed in respect of dismissal of employees on unfair terms. As Dylan is taking wrong advantages of the company policies which results in affecting the work and also committed fraud with the sick leaves, in respect of using it for personal benefits. Second case is relating to the Rai which is facing continues harassment from his senior colleague, Max. After approaching to HR once the grievances had been made, Max is liable to be publishable under various rules which are imposed in respect of providing monetary to Ria in respect of facing injuries to their feeling.
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