Employment Law and Ethics: Case Scenario, Constructive Dismissal, and Ethical Perspective

This report discusses employment law, including a case scenario, constructive dismissal, and ethical perspective. It explores the relationship between an employer and employee, common rules in employment law, and the concept of constructive dismissal. It also examines the ethical considerations in the workplace. The report provides recommendations for addressing unethical practices and maintaining a positive work environment.

Business Law and
Ethics

Table of Contents
INTRODUCTION ..........................................................................................................................3
Analysis and Discussion..................................................................................................................3
CONCLUSION ...............................................................................................................................7
RECOMMENDATION...................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Employment law provides rules and regulations to regulate the relationship of an
employer and an employee this laws specifically provides the details on how an employer and an
employee must behave in an organisation or in a working environment. There are various laws
that comes under the law of employment(Aveskulov, 2020). The acts which are part of the
employment law are: Employments right Act, 1996, Employment relations Act, 1999, national
minimum wages act, 1998, and many more. There are also many legislations that comes under
the ambit of employment laws for maintaining the relationship. This report consist of the case
scenario with the help of which employment and its common rules are explained. It also explains
about constructive dismissal and ethical perspectives under the law.
Analysis and Discussion
Case Scenario
The given case scenario is about the Ethical dilemmas at work. The facts of the cases are
provided below.
Linda was working as an accounts assistant and was under probation of 6 months at a
local retail company. She had problem to commute because of which she was often late to work.
One day she discovered major fraud of which she reported to the Chief accountant, Charles and
also to her Supervisor, Heather (Grusic, 2019).Both of them ignore her reporting. Both Charles
and heather were married and still were making attempts at Linda. Charles gave £20K to
purchase car for commuting to office. A week later the questioning was done by the
administration to which Linda is now implicated into.
Define Employment and explain what type of worker Linda is.
Employment is defined as work agreement which is paid in nature. This is between the
employer and the employee where employee renders services to which he is paid by the
employer. The employees under the employment are controlled by the employer. Terms and
conditions under this are negotiable and this is the type of agreement which parties may
terminate. There are three types of employment, i.e. employee, casual workers and self
employed.

Casual workers are those who are engaged by an employer for temporary basis. They are
not permanent and do not receive security or other benefits.
Common rules in relation to employment law
Employment law is one of the most important law that is being used by the organisation
in order to establish a proper relation with the employees. It mainly protects the rights and the
duties of the employees working under any company(Guo-rong, 2018) so as to keep them
motivated the most common rules that has to be followed by the employees are: Loyalty- The employee should always tend top be loyal towards their company and
should at no reason do any such activity which harm the image of company.
 Working Hours- The employees should provide all the essential working hours for the
company and no employee should do any carelessness in their working hours. The
employees should be dedicated toward their work and tries to show their skills in those
working hours.
 As Equality Act 2010 empowers and make that all the employees being working in the
company and there should be no discrimination in the company for any employees.
 The Minimum wages act implicates out all the necessary requirement and the areas
through which all the laws and the rules are being framed and made that proper salary
should be given to all employees.
Constructive Dismissal
Constructive dismissal is mainly a situation in which the employees quits their job and
reason was usually not that they want to leave the job. But they are not satisfied by the working
conditions and the environment of the organisation. Mostly such type of conditions arises when
the employees are not liking the behaviour of their employers or the higher authority, or their has
been noticed that there is a breach of contract from the organisation(Larkin, 2020)varies reason
are as follows:
 The work environment is not at all comfortable and safe.
 Their is no timely payment of the salary.
 The other employees are trying to create immense pressure by bullying or doing some
unethical activity.
 If their seems that the conditions on which they joined the company are no longer
available.

 There has been a serious fraud being happening in the company.
 If the employees feels that their is no pay rise in the corporation.
Thus the employees can at any time use the constructive dismissal if they seems that
there is a breach in the contract and also any fraud is being laid down in the company.
In this case Linda can also take the help of constructive dismissal as she has observed that
the chief accountant is already being involve in fraud and the other employers are aware and still
doing nothing. As constructive dismissal provides all the elements in which if the employee feels
uncomfortable than can take the help of it and leave the company(Soewono, 2018).She was not
being able to fitted on that working zone and the conditions are accepted to be framed as a
constructive dismissal in her case.
Ethical Perspective
A company has various working stigma in which they have to follow all the rules and the
conducts that are being important for it. The organisation being owned has their own image in
the market and to maintain that image it is important for them to do all the ethical work in the
market. When it comes to employees the company should try to create a healthy image in the
working environment.
As in the ethical nature and work there is being framed that all the Utilitarian approach
tends to be made which guides that the person can achieve the greatest good and culture and
should not attain or make more harm to any person so there by Linda can make out to this
approach by validating the issues that she has faced but not effecting the image of the company.
. Like the Universal approach it is being made that when something is not right for one
individual then it is wrong for all the other members too. So when any such misconduct is not
good for certain members then it will also affect the employees that means the other persons
working in the company too. The moral approach should also be followed by all the companies
as there should be maintained ethical practises by them.
As the organisation when being framed should always have to follow all the ethics and
the morals in several outcomes and there has been analysed that all such working of the person
and the organisation should maintain equality in there working with that they should also

pertains to solve the conflicting issues and maintain the work life balance, providing befits to
Linda which is there by not a ethical practise and lead to unethical behaviour. I
In this case Linda has observed that their has been a major fraud done by the chief
accountant of the company(Haines, 2018). And when she raised the voice and went to
supervisor she observed that he was too involved in that, thus that clearly shows that the
company is being not running in a ethical manner. Even though the sudden gifts for no reason by
the superior is also against the morals and the ethics of the person. With that even though the
employees have to be loyal towards their company and should not disclose any matters but
CONCLUSION
It is concluded from this report that employment law helps to protect the rights of the
employees in the working organisation. Constructive dismissal always accounts to the situation
which forces the employees to leaver the organisation. From this report it is further analysed that
all the employers should work with ethics and law and should not try to make any undue benefit
for their personal gain. This is ethically wrong and can also affect the image of the organisation
in the society and also in the eyes of employees. As they will loose confidence from the
corporation.
RECOMMENDATION
Linda can there by complain to the higher authorities about the problems and the
unethical practises that are being taken by the managers and heads and with that she can even
raise her voice for all the harassing environment that has been created by them, as that is
immoral and illegal and no person has the right to refrain any other persons personal space. So
she should not take any gift for her personal benefit and should maintain her dignity. when it
accounts to harm the public interest then that can be disclosed to the authorities.

REFERENCES
Books and Journals
Aveskulov, V.D., 2020. Formation of Legal Definition of Employment Contract: From L. Tal to
Labor Law Project. Probs. Legality, 148, p.96.
Grusic, U., 2019. Recent Developments in the European Private International Law of
Employment. Prontuáiro de Direito do Trabalho, 2019(1).
Guo-rong, Q.I.N., 2018. Theoretical Innovation and Practical Solution on Online Employment
and Labor Law. Journal of Nantong University (Social Sciences Edition), (4), p.10.
Haines, A., 2018. UK considers closer links between employment and tax rules. International
Tax Review.
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.
Soewono, D.H., 2018. The Law Enforcement of Employment: Can Local Otonomy Make the
Law Enforcement Run Effectively?(Case Study in Tulungagun Sociologic Juridis
Perspective). Researchers World, 9(1), pp.171-178.