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Business and Employment Law - Assignment

   

Added on  2021-04-17

11 Pages2723 Words77 Views
Running head: BUSINESS AND EMPLOYMENT LAWBusiness and Employment LawName of the StudentName of the UniversityAuthor note

1BUSINESS AND EMPLOYMENT LAWQuestion 1IssueThe issue of this case study is related to an unfair dismissal of an employee. LawThe term unfair dismissal is used to define the actions of an employer whileterminating an employer’s activities while terminating the employee’s employment in respectto the requirements of the Business and Employment Law. In the process of wrong dismissalof an employee, a notice needs to be served to the employee where the employee is bound toproduce a notice as per the employment contract. Such individual employment rights areessential in the approach of the government and the labor market. According to the Businessand Employment Law, if any employee is dismissed, he or she will have a few specific rightsthat can be exercised and therefore appeals can be made to an employment tribunal that willdecide the methods of dismissal and the outcome of the appeal. An employee can beterminated or dismissed based on disciplinary issues but the company or the employer mustprovide a notice to the employee1. As per the Business and Employment Law, a dismissalcan either be lawful or wrongful. It includes the engagement of discrimination under statute.Milldam Brewery will be liable potentially to Olaf for unfair dismissal. Unfair dismissal isdifferent from the concept of constructive dismissal. The dismissal of an employee can beunfair if the employer does not have a good reason for dismissing the employee and followsthe company’s process of dismissal. Therefore, if an employee is threatened with dismissal ordismissed completely, he can achieve help from a third party to resolve the situation withconciliation and arbitration. Business and Employment Law discusses the circumstances inwhich an employee can be dismissed. The employer with or without notice terminates the1 Authority, Scottish Qualifications. "Section 96 (7) Equality Act 2010." (2017).

2BUSINESS AND EMPLOYMENT LAWcontract under which he or she is dismissed by the employer. The employee can terminate thecontract under which he is employed in circumstances where he is entitled to terminate itwithout notice by reason of the conduct of the employer. As per the Business andEmployment Law, an employee who has been dismissed on unfair means will take intoaccount the reason for the dismissal is that the employee was being redundant2. Secondly, ifcertain circumstances form the redundancy then it will be applicable to one or otheremployees in the same undertaking. ApplicationAn employer of the company dismissed Olaf, a member of the Milldam Brewery(MB) in an unfair manner. As per the case study, Olaf was the head brewer of the MilldamBrewery Company situated in Portsmouth. One fine morning, an employee cannot bedismissed because the employer feels that he has gone against the disciplinary rules. TheDirector of a company generally takes the decision of terminating an employee based ondisciplinary issues. In this given case study, it can be observed that Preeti was the new linemanager of Olaf and therefore she took all the decisions related to the brewery. They hadarguments as well but due to his behavior towards Preeti she got offended and decided ondismissing Olaf. Olaf defended himself by stating that Preeti was too interfering in his workdespite knowing that he had an experience of 40 years. In United Kingdom, unfair dismissalis a parcel of the UK labor law that needs reasonable and fair treatment by employers insituations where a person’s job could be dismissed. However, the activity of Preeti towardsOlaf was strictly unfair and hence he can appeal with the help of the Equality Act 2010.There is no such statutory provision for this and therefore it will result in ordinarydiscrimination. He has been serving this company for a period of 15 years. For an extensionand making the business more competitive, the MB Company hired another knew manager2 Collins, Philippa. "The Inadequate Protection of Human Rights in Unfair Dismissal Law."Industrial LawJournal(2017).

3BUSINESS AND EMPLOYMENT LAWnamed Preeti. Soon after, she was made the new line manager of Olaf. However, they startedhaving clashes and arguments at the workplace. Both of them had different opinions andwanted to amend separate changes in the brewery. An argument broke between the two andharsh comments were exchanged. Therefore, Olaf can therefore apply the law of arbitrationand conciliation against the Milldam Brewery or directly to Preeti. One can also approachemployment tribunals if they are unable to solve their problems with the help of conciliationand arbitration. Milldam Brewery is liable potentially to Olaf as he got dismissed by Preeti inan unfair manner. A meeting was arranged the next day since such a situation arose. Preetiput allegations on Olaf and when he was given a chance to defend himself, he stated that hewas pushed too far and was being interrupted by Preeti. However, Preeti took the decision ofdismissing Olaf at that very moment for gross misconduct. Therefore, by applying the casestudy, Olaf was not dismissed due to any health or safety issues3. Olaf was dismissed byPreeti by giving disciplinary issues. Dismissal of Olaf will not be considered Preeti served ajustified one as no notice to him. In a meeting, an employer does not have the power toterminate an employee’s work duration4. However, due to the actions and decisions of Preeti,Milldam Brewery will have the potential liability to Olaf in unfair dismissal. Potentialliability arises in a principal and agent relationship5. A potential liability occurs depending onthe result of an uncertain event of the future. As per the Labor Relations Act, if an unfair actis constituted, one must take legal actions against the employer. An employee can file acomplaint to the Labor Relations Committee within 60 days of the violation6.3 Ashcroft, John, and Nilushi Ratnayaka. "The Equality Act 2010 in mental health." (2014): 256-256.4 Fredman, Sandra. "Addressing disparate impact: Indirect discrimination and the public sector equalityduty."Industrial Law Journal43.3 (2014): 349-363.5 McKay, Sonia. "A right not to be discriminated against: The origins and evolution of discriminationlaw."Gower handbook of discrimination at work. Routledge, 2016. 35-46.6 Davies, Chantal, et al. "The Equality Act 2010: Five years on." (2016): 61-65.

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