Business Law and Ethics: Employment Law, Constructive Dismissal, and Ethical Perspective

This report discusses the concepts of employment law, constructive dismissal, and ethical perspective in the context of business law and ethics. It explores the rights and duties of employees, common rules in employment law, and the importance of maintaining ethical norms in the workplace. The report also includes a case scenario and examines the type of worker Linda is, as well as the ethical perspective of the situation. Overall, it provides insights into the legal and ethical aspects of employment in the business world.

Business law and
Ethics

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
Case Scenario..............................................................................................................................3
Define Employment and explain what type of worker Linda is.................................................3
Common rules in relation to employment law............................................................................4
Constructive Dismissal................................................................................................................5
Ethical Perspective......................................................................................................................5
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Business law is the main body which comprises of various laws that use to work with the
corporation and also with all the adequate information that considerably lies with it. The rules
has been led out as all the corporation and the organisation use to work in various manner which
has been governed in business law(Larkin, 2020). It has various laws that are been set in it they
are company law, IPR, employment law, contract law and many more. Employment law is being
made for the rights and the duties that are led for various employees working in the corporation
or a company. It amounts to the rules and the norms which are being considered for the
betterment of any company. This report will discuss about rules being led in employment law
with its constructive dismissal and ethical norms.
MAIN BODY
Case Scenario
In this case Linda was working in a local retail company as an accounts assistant. She
was under a probation period of 6 months. There was a problem with her in commute because of
which she use to be often late for the work. After some days she discovered that their has been a
fraud been done by the chief accountant Charles about which she complained to Heather a
supervisor of the company. But she observed that they both are good friends. Charles and
Heather both have the spouses still they were showing interest in Linda. As Charles has given
£20k to Linda for purchasing a car to commute office and even came to her home without
informing with a tickets of Spain. After a week the administration has came in order to ask about
the company about which Linda is implicated.
Define Employment and explain what type of worker Linda is.
According to Miranda Morley (2021)Employment is mainly the enforcement of the
agreement that are considerably of paid nature. They consists of a employer and a employee in
which the employee use to work for the employer and for that they renders the salary to their
employees. Mainly the employment is being made on the basis of salary or on daily wages,
(Hardin, and Raimondi, 2018). The employees have the right to negotiate on the terms and
conditions and there consist of three types of employees they are casual worker , employees and
the self employed workers.

Casual workers are those who have been engaged in work for a particular time period and
their jobs are not been secured as in they did not receive any job security or benefits.
The employees are usually the permanent member of the company who have all the
benefits and security within the company, they use to hold all the permanent position that they
will not be leaving the organisation.
Self employed workers are those who runs their own enterprise and have no head over
them. Linda is a Employee of the company as she was on a probation period and has not attained
any security or any work through the company. So she was on a temporary employment with the
company but after completing her probation period she will get the status of permanent employee
of the company.
Common rules in relation to employment law
Employment law comprises of the law that has been made for the welfare of the workers
or the employees. It helps to maintain the relation with the employers and also their terms and
the rules. As for the company the main goal is to attain more profit and to gain maximum
security in all the aspected area(Guo-rong, 2018). And for that employees were given various
securities and help regarding the working and the assigning of the sectors. To keep the
employees motivated various benefits, rewards and bonus were also been given. The main rules
that employees should follow are: Loyal towards organisation- The employees use to be loyal towards their organisation.
As all the employee should not do any thing wrong or any of the act that can affect the
company. As all the work of the employees directly affect the image of the company so
they should not disclose any of the confidential information of the company to any
person. No personal gain- The employee should never tries to make any personal gains. And also
they should not at any time tries to make any reward or personal benefit for the company.
As the gift or any personal gain is ethically wrong and that can affect the image of the
company.
 Timely present- The employees should be punctual in their work as they should always
be on time and should not try to do anything wrong. It implies that all the employees
should be dedicated towards their work and tries to maintain a proper punctuality in the
working sector (Coetzer, 2020).

Constructive Dismissal
This is mainly a situation where the employee wants to leave the job not because they are
not being fitted in but because of the conditions that has been arise in the company which make
them to take such steps(Bahri Khiyavi, and Abedini, 2018).This mainly happens that the
employers use to behave in such an improper manner that the employees tends to feel
demotivated and low. Such conditions also been raised when the company has do9ne any breach
of the contract and that affected the employee. The conditions for the constructive dismissal are
as follows:
 The salary is not being timely paid to the employees.
 The conditions or the work that has been told to the employees at the time of the joining
was not been their.
 The employees does not feel comfortable in the working environment.
 The company is being doing some major fraud while working.
 The employee is feeling that there is no growth in the company.
 Their is a huge pressure being raised on the employees on that situation and that also
created a major issue in that mean time.
Thus, the employee can at any time take the constructive dismissal when they did not feel
comfortable in the working environment, if they seems that the conditions which were being told
to them are not up to the mark.(Lewis, and Sargeant, 2019).. .
Linda can at any time take the constructive dismissal as their applies that when she joined
the company she was unaware about the fraud which was been going on and the working
environment was also not according to the mark. Like in case Donavan v. Invicta Airways, the
pilot was constructively dismissed by the employer as it has inappropriate behaviour towards the
pilot. The [pilot brought the case of unfair dismissal against the employer as he was forced to
leave the job. In this case the employer instructed the pilot to fly the unsafe plane to which he is
not entitled to follow his instruction so the pilot has been unfairly dismissed by the employer
which resulted in its constructive dismissal.
This case scenario cover out that Linda is being forced to leave the job due to fraudulent
activity of its employers. Under the employment relation Act the employee gets the protection
from the unfair dismissal.

As linda was there by being affected by all the behaviour and the misconducts that are
being happening in the company it created a impact as she even complained in the company
about the fraud that has taken place and she was in the
Defence of honest- this defence can be taken by linda as she was honest toward her work
and was trying to tell the real matter t all the company heads and the supervisor(Haas III and et.
al., 2017).
Though as all the employees has the right to protect themselves and the company from
the misconducts that are being going on. With that it is also been analysed that all such work and
the areas where such harassment is being taken place can be strictly taken place as through
equality law 2010 all the workers have to be treated properly with out any issues (Meltzer, and
Martik,2017) .
Other than this Linda has faced the sexual harassment issue too and according to the
unethical behaviour which has been made by the colleagues and all the accord variedly nature
concerns to be carried in sexual harassment in workplace. The major defences Linda can take is
defence of honest, harassment, corporate misconducts and the unethical practices which are
being carried by them.
Ethical Perspective
All the organisations while working has to maintain the ethical norm and their image in
the society. Their use to be applied that all the companies has to work in a proper manner that
their complies that no undue benefit or fraud is being raised by them( Pärli, 2021). The
companies have certain morals and values that has to be kept in mind. In the various zones the
employers have to perform their duties in an evident way by being loyal towards their company.
In this case Linda although have to be loyal towards their company as she can't give the
confidential information to any outsider. But in instance when their seems that all the persons
who has been working in the company is raising the work in unethical manner and that can harm
the image of the company and even effect the other corporation. In that case she can tell the
administration about the working of the company and also all the unethical practises that are
been taken place(Mercat-Bruns, 2020). As in the areas and zones all the companies should have
to follow the morals and the rules that are important. Linda was also been feeling some of them
are not comforting working environment and this is somehow not good for all the areas.

Thus, the corporation should always have to follow the ethical areas and the working in
all the sections that can actually raise the corporations standard(Kantek and et. al., 2021). Their
should not be implied that all the zones and the working must be done in a proper way. The
unethical practises can there by be stopped in all the areas son as to make it oriented.
CONCLUSION
From this above report it is concluded that, employment law always plays a crucial role
in the company and it provides all the methods and the rules and regulations that all the
employees and the employers should follow. Constructive dismissal being applied in the area
where there is unethical working environment and that it creates a huge and immense working
conditions which unable the employees to survive in. Moreover, it is also analysed that the
company should always follow the ethical culture and practises that has been raised in all the
areas and make it variably strong. No company should try to do do any fraud that can even affect
the outside environment and the image of the company.

REFERENCES
Books and Journals
Bahri Khiyavi, B. and Abedini, A., 2018. Employment of disabled people from the perspective
of international law. Treaty Legal Research, 2(AUTUMN), pp.109-142.
Coetzer, N., 2020. Are employers obliged to save jobs?: employment law/COVID-19. Without
Prejudice, 20(4), pp.8-10.
Guo-rong, Q.I.N., 2018. Theoretical Innovation and Practical Solution on Online Employment
and Labor Law. Journal of Nantong University (Social Sciences Edition), p.04.
Haas III and et. al., 2017. Labor and Employment Law. Mercer L. Rev., 69, p.141.
Hardin, T. and Raimondi, H.J., 2018. Employment Practices Liability Insurance Coverage and
Claims Trends. The Brief, 48(1), pp.59-64.
Larkin, P., 2020, December. Relationship between Employment Status and Scope of Social
Security Protection: The United Kingdom Example. In Social Law 4.0 (pp. 117-146).
Nomos Verlagsgesellschaft mbH & Co. KG.
Lewis, D. and Sargeant, M., 2019. Employment law: the essentials. Kogan Page Publishers.
Mercat-Bruns, M., 2020. The Coherence of EU Antidiscrimination Law: A Look at its Systemic
Approach in Light of Relational Grounds of Discrimination and Collective Norms in
Employment. In The European Union as Protector and Promoter of Equality (pp. 185-
198). Springer, Cham.
Pärli, K., 2021. Impacts of Digitalisation on Employment Relationships and the Need for more
Democracy at Work. Industrial Law Journal.
Kantek and et. al., 2021. Constructing Hungarian ‘good-will ambassadors’: the collaborative
soft power efforts of Hungary’s Balassi Institute and the Hungarian community in
Australia. International Journal of Cultural Policy, pp.1-16.
Meltzer, K. and Martik, E., 2017. Journalists as communities of practice: Advancing a theoretical
framework for understanding journalism. Journal of Communication Inquiry, 41(3),
pp.207-226.