Legal Research on Employment and Data Protection

The assignment content discusses legal research methodology, specifically the Black letter research methodology also known as the doctrinal method. The method focuses on the application of rules laid down by law in case scenarios, using examples from unpaid national minimum wages via county courts and data protection act cases via county court. Additionally, it highlights the importance of employers paying fair compensation and penalties for offenses, protecting customer and employee data, and serving minimum notice periods prior to dismissal.

Legal research
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Black letter research methodology is also known as doctrinal method in which
interpretative scheme is applied. This method is mainly focused on ruled laid down by law for its
applicability in case scenario. For the applicability of this research method, following case via
county court is considered:
Unpaid national minimum wages via county courts
In accordance with the provisions of National Minimum Wage Act 1998 employers are
required to pay sufficient wages and payment for additional perks in a justifiable manner.
Section 11 of this Act provides right to individual to make complaint against employer if they
had not made proper payment (Machin and Manning, 2010). Further, section 14 cites that if an
employer neglect the query or compliant by employee then they will be guilty of an offense. For
this aspect case of Chandra v Arya Samaj Vedic Mission (West Midlands) [2014] Birmingham
County Courtcan be considered. In this case, Claimant was required to was provided with the
fewer wages in comparison to National Minimum Wage legislation. By considering reference of
this case, in cited case employer is required to pay her employee fair compensation along with
the penalty to HMRC for the conducted offense.
Data protection act cases via county court
Data Protection Act is developed by UK parliament in order to provide protection to
personal and sensitive information of individuals from unethical utilization. Provision of this Act
provides right to individual who had provided data for storage and responsibilities for the
individuals who have stored, processed or transmitted their data (Redsell and Cheater, 2001). By
considering the provision of this Act employer are required to protect data of customers and
employees.
Case study 2
In accordance with Acas direction, employer are required to serve minimum notice
period of 14 days prior to dismissal under the name of company and authorized director. In
situation where they failed to do so they will be liable for unfair dismissal. This will be
considered as DPA error because letter was provided on the name of third party which was not
involved employment contract. For this aspect case of Dattani & Trio Supermkarkets Dattani v
Trio Supermarkets Ltd 1, Court of Appeal - Civil Division. In this case solicitor of defendant had
1 1998, [1998] ICR 872,[1998] EWCA
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provide wrong information in the termination letter due to which claim under unfair dismissal
was made. In this case, decision was provided by the court that Defendant should pay to the
Plaintiff the damages by considering the rule of res judicata.
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REFERENCES
Redsell, S.A. and Cheater, F.M., 2001. The Data Protection Act (1998): implications for health
researchers. Journal of Advanced Nursing.35(4). pp.508-513.
Machin, S. and Manning, A., 2010. The effects of minimum wages on wage dispersion and
employment: Evidence from the UK Wages Councils. Industrial & Labor Relations
Review. 47(2)., pp.319-329.
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