logo

Doctrinal legal research method

4 Pages554 Words208 Views
   

Added on  2019-12-28

Doctrinal legal research method

   Added on 2019-12-28

ShareRelated Documents
Legal research 1
Doctrinal legal research method_1
Black letter research methodology is also known as doctrinal method in whichinterpretative scheme is applied. This method is mainly focused on ruled laid down by law for itsapplicability in case scenario. For the applicability of this research method, following case viacounty court is considered:Unpaid national minimum wages via county courtsIn accordance with the provisions of National Minimum Wage Act 1998 employers arerequired 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 theyhad not made proper payment (Machin and Manning, 2010). Further, section 14 cites that if anemployer neglect the query or compliant by employee then they will be guilty of an offense. Forthis aspect case of Chandra v Arya Samaj Vedic Mission (West Midlands) [2014] BirminghamCounty Courtcan be considered. In this case, Claimant was required to was provided with thefewer wages in comparison to National Minimum Wage legislation. By considering reference ofthis case, in cited case employer is required to pay her employee fair compensation along withthe penalty to HMRC for the conducted offense. Data protection act cases via county courtData Protection Act is developed by UK parliament in order to provide protection topersonal and sensitive information of individuals from unethical utilization. Provision of this Actprovides right to individual who had provided data for storage and responsibilities for theindividuals who have stored, processed or transmitted their data (Redsell and Cheater, 2001). Byconsidering the provision of this Act employer are required to protect data of customers andemployees.Case study 2In accordance with Acas direction, employer are required to serve minimum noticeperiod of 14 days prior to dismissal under the name of company and authorized director. Insituation where they failed to do so they will be liable for unfair dismissal. This will beconsidered as DPA error because letter was provided on the name of third party which was notinvolved employment contract. For this aspect case of Dattani & Trio Supermkarkets Dattani vTrio Supermarkets Ltd 1, Court of Appeal - Civil Division. In this case solicitor of defendant had11998, [1998] ICR 872,[1998] EWCA2
Doctrinal legal research method_2

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Legal Letter for Advice on Corruption for Unfair Dismissal
|4
|469
|323

Assignment on Employment law (Pdf)
|14
|3121
|37

Online Exam - legal issues
|8
|1884
|454

Business Law and Ethics: UK Employment Law and Corporate Social Responsibility
|7
|1807
|324

Data Protection Act 1998- Doc
|3
|478
|63

Business Law: Case Studies and Legal Concepts
|9
|2581
|75