Employment Law and Relations Report

This report examines key concepts in UK employment law, focusing on unfair dismissal and health and safety in the workplace. It analyzes two case scenarios and explores the legal risks faced by the employer in each case and the remedies available to the employees.

EMPLOYMENT LAW AND
RELATIONS

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
a) Presenting the eligibility requirements for unfair judgement.................................................1
b) Explaining Daniel is successful in a claim ............................................................................2
TASK 2............................................................................................................................................3
Presenting procedural steps that Sarah may take and remedies for Daniel for a claim of unfair
dismissal......................................................................................................................................3
TASK 3............................................................................................................................................4
Presenting the legal risk that Rushmore Academy faces and remedies available to him if he
win...............................................................................................................................................4
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Laws and regulation have their own importance in the every business. Employment
relation is the broad concept in EU such as it define as a relationship that is founded on
employment of contract and it is also found in the EU legislation. Moreover, employment
relationship help to continue the relation with their employees and further help to attain all
defined goals and objectives of a company. In addition to this the role of employment law make
sure that and further identifies who can and cannot employee, how the jobs are offered to them
and how their owner are treated or minimum terms as well as condition under which they are
actually work. The law defined all those condition which are helpful to do the work in a
workplace.
The report main aim is to provide the deep knowledge related to laws which are related to
employees and their workplace. Report is based upon a case scenario of Daniel who is dismissed
from his job because of posting a photos of drinking during a party. Report present the concept
of unfair dismissal and provide relevant laws that is actually applicable for the case scenario.
Further, it explain procedural steps in relation to Daniel's case.
TASK 1
a) Presenting the eligibility requirements for unfair judgement
Unfair dismissal: It is a concept of labour law in UK, which is an act of employment
termination done without any reason from a country's specific laws (Davidov and Eshet, 2015).
In the case of Daniel, same has been done such that because of posting photos in social media,
Sarah terminate Daniel without giving any reason. The eligibility requirements for unfair
dismissal are as follows:
Employee: For unfair dismissal, a person should be an employee of a company. The
terms refers to an individual who is actually entered themselves under the contract of
employment. Hence, it is clear from the case that Daniel is a teach or an employee of a school.
For unfair dismissal, the qualifying time period is for one year. Even the worker should be work
in the place from last two years and it is not clear from the case scenario that Daniel is working
from how long.
If the termination letter is provided to an employee then under the act of Employment
Right Act, 1996 and under section 95 (1) which stated that the employee contract is terminated
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by employer without any notice. By which, the notice period is actually serve or depends upon
length of service which an employee is doing for so long. On the other side, the under Human
Right Act, 1988 if an employee failure or breach the trust duty. Hence, as per the case scenario,
Daniel is dismissed without any notice, or the exact information is required from the side of
Daniel (Horton, 2018). Therefore, termination without any notice, is quite effective from the date
and time through which it takes place and Sarah is an employer and also fails to show a reason
for dismissal and then it is said as unfair dismissal.
b) Explaining Daniel is successful in a claim
If Daniel want to claim for unfair dismissal, then he should be an employee of the
company for at least 1 year and being an employee of an constitution. If a person is successful in
a claim and the court is in favour then Daniel will awarded compensation. There may be chances
that Daniel will be given an opportunity to return to their own job. But on the other side, as per
the law, if Daniel did not want to take a job again then there is a chances of lowering the
compensation (Collins, 2017). If an institute is found to do an unfair means of work then the
award is made up of the basic award that is actually calculated on the person's age and length of
service. Further it is a subject of maximum limit that is actually reviewed every year. As the laws
and legislation, dismissal is only fair when the employee is not capable and have low
qualification and show poor performance during their working hours (Reasons for Unfair
dismissal, 2018). Next reason is redundancy such that an employer no long want a person to be
in workplace or can be done because of some substantial reasons. In the case of Daniel, there is
no reasons are applicable and hence it is known as unfair dismissal.
On the other side, it has been analysed that at the time of ordinary dismissal case. There
is no award is provided to an accused because it is fixed or have a minimum figure for the basic
rewards for those employees who are actually unfair dismissed from their working place, trade
union, health and safety, occupational pension scheme trustee etc. hence, it is been examined that
there is no limit for compensatory award in which the employee is dismissed in an unfair means
or they are connected from health and safety matters because this is known as whistle blowing.
In the case of Daniel, as Sarah is terminated him without any notice or without providing any
reason of termination (Szydlowski, 2016). At that time, Daniel can claim for the same and there
is a increases chances for him to win the claim and can return from their job. In this type of cases
the only way is to enforce the right of an employment is through Employment Tribunal and the
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procedure are actually ACAS Early Conciliation scheme that aid to reduce the need for an
employee.
TASK 2
Presenting procedural steps that Sarah may take and remedies for Daniel for a claim of unfair
dismissal
Sarah should not take immediate action against Daniel because without consulting the
problem with a person and take an action is not fair. Hence, as per the code of Practice of UK,
and the disciplinary or grievances are actually helpful for Sarah to take action as per this steps
which are as mentioned below:
To carry out important investigation regarding the problem is quite necessary before
taking an action. Sarah should do the same and collect all evidences which are required to make
the case more strong (Willett and Koutsias, 2016).
After collection required information about Daniel, Sarah should consult with him and
resolve all disputes in an informal way. Or developing some rules as well as procedure regarding
to solve such type of issues in order to sort out things at internal level. After investing the
problem, there is a need to inform Daniel about it. Moreover, if it is decided that employee
should be notified in the writing procedure as it should contain all necessary information with an
written evidence.
After discussing problem with Daniel, Sarah should conduct a meeting with their all staff
members and then discuss problem in formal way. During a meeting, the case should be
discusses and all the companion must be answerable and make their own suggestion regards a
case. If all the people are against Daniel, then Sarah can take strict action against him as per
discussed in meeting but on the other side, if teachers raise the points in favour of Daniel then
Sarah should take action accordingly.
After this step, employee should be allowed to accompanied at a disciplinary meeting
where a result is actually taken in a form of final or formal warning, taking some other
disciplinary action or other action (Bennett, 2016). After this, Daniel have a right to present
himself in front of a meeting so that a final result is to be taken in a form of writing. If all the
members in a meeting are in favour that Daniel doing unfair and he is liable for his performance
because posting a pictures of drinking is create negative impact upon students as well as parents.
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It affect the image of an institution. As per the disciplinary rules, the strict action should be taken
if the person is doing any misconduct according to the rules and regulations.
Remedies available for Daniel of unfair dismissal are: If Daniel is find an unfair
dismissal then the government provide remedies in order to fight against it. There are three basic
remedy which Daniel actually used and this are mentioned below:
Reinstatement: the first benefit which Denial may used is such that getting back to his
own work. If the case is filed under a court then it will be helpful for a person to use this as an
advantage (Al-Haidar, 2018). According to the law of UK, it has been analysed that if a person is
suffer from an unfair dismissal then they can return back to his job again. Reinstatement is the
best remedy which Daniel may use because during a party, he posted some photos on social
media that creates negative impact and due to this it further creates negative impact upon student
and to avoid this, Sarah take an action to terminate Daniel without giving any reason.
Compensation: Another remedy which is actually available to Fair work Commission
when dealing with Fair Work Act, 2009 states that if the person is suffering from unfair
dismissal then a compensation should be provided and it must not be more than 26 weeks pay.
Whatever amount which an institute is secured or kept it with themselves then they should pay it
within 26 weeks and compensate for the same. Even in addition to this, this remedy is also
helpful for Daniel in order to do the work for same. Compensating lost wages will be helpful and
provide extra benefit for the work (Forth and Dix, 2016).
Non- Financial remedy: This type of remedies are not directly link to monetary form
and as a result, it includes a written statements and service which are helpful for the person in
order to continue their services in the job. Non- financial remedy also includes those services that
provide benefit not in the term of money but can upgrade their position and promote a person to
upper level. Similarly, in the case of Daniel he can take advantage of using non- financial
services (Foster, 2015).
TASK 3
Presenting the legal risk that Rushmore Academy faces and remedies available to him if he win
In the case of Stephan, he is suffering from skin problem due to continue washing up
eaten meals and this is so because of using low category of washing liquid and even after talk
with Sarah to change the liquid or provide latex gloves but Sarah tells that the academy cannot
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afford to change it and if he want the same then he would have to buy himself only. In this
situation, the academy faces legal risk for the health of Stephan because as per the Equality Act,
2010, it has been analysed that there should not be any discrimination done in the workplace in
regards with caste, position or religion but in Rushmore Academy the same thing is happen such
that academy did not provide the exact requirement of Stephan and as a result, there may be a
chances that Stephan may lead to some dangerous disease and the school is only responsible for
the same (Saundry, Jones and Wibberley, 2015). As per the Equality Act, 2010 there should not
be any discrimination in regards to caste, gender, religion etc. if the person is doing a job without
any discrimination then they can enjoy their work without any problem and in the same way,
Academy is not treating well with Stephan because even having some issue regarding the liquid
and asking a head to change it they did not take any action against it, clearly shows that they are
not follow the laws and regulation.
On the other side, as per Health and Safety law, if any working area is found to doing any
unfair means then they will be liable for the same. In the case of Rushmore academy, Stephan is
suffering from their skin problem because of using non- branded liquid dish was and also want to
use Latex glovers which protect their hands from any injury or skin rashes and asking such
protective equipment from a working area is a right and the premises is liable to provide such
equipment at early as possible (Maleki, Darvishi and Moradi, 2015). If the same is not provided
then the academy faces a legal risk under the act of Health and Safety law for breaching and if
Stephan will be die or lead some dangerous injury then they have to pay big amount in a form of
penalty and some strict action can be taken which may affect the image of a premises.
Remedy available for Stephan if he win the claim: As per Health and Safety law,
Stephan can take strict action against the Rushmore Academy such that even suffering from a
problem they are not providing the protective equipment in order to solve his problem. To solve
this problem, Stephan can also take action against them and even the law also states that if a
person is injured from last seven days then the premises has to relieve a person from their normal
work and if they did not do the same then this will converted in a form of an accident (Hughes
and Ferrett, 2015). Hence, to work in an office, then it is the responsibility of an employer to
provide the best services as well as protective equipment in order to save the life of their
employees from any risk. On the other side, Stephan also claim against their school or a working
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place and if he win the claim then he will be provided all those material which are actually be in
the working area. On the other side, they also take an action against them also.
CONCLUSION
By summing up above report it has been concluded that laws and regulation plays an
important role. In Rushmore Academy also, Sarah has done unfair dismissal with Daniel and in
relation to it, a person is liable to report against it and due to this, and as per the ASAC, the
disciplinary procedure should be followed by Sarah in order to take any action against Daniel.
Report further concluded that as per the laws of UK, no one can post a picture of drinking and in
the case of Daniel, he is a responsible teacher and because of gross misconduct Sarah take a
decision to terminate Daniel. On the other side, if the management of an academy is effective
and there is good relationship with their employees then it will be helpful for the raise the
performance of their employees who work in a system.
Moreover, report also concluded that as per the Equality Act, 2010 and Health and safety
law the premises is liable if any misshapen done with their employees. In the case of Stephan,
the academy is not providing latex gloves as he is suffering from skin problem. Then at that time
this law states that providing protective equipment is quite necessary for an working place and if
not then they have to pay penalty against it.
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REFERENCES
Books and Journals
Al-Haidar, F., 2018. Administrative disciplinary and grievance procedures for public employees
in Kuwait and UK. International Journal of Law and Management, (just-accepted),
pp.00-00.
Bennett, A., 2016. Experiencing mediation from the disputants’ perspective. In Reframing
Resolution (pp. 171-190). Palgrave Macmillan, London.
Collins, P., 2017. The Inadequate Protection of Human Rights in Unfair Dismissal
Law. Industrial Law Journal.
Davidov, G. and Eshet, E., 2015. Intermediate approaches to unfair dismissal
protection. Industrial Law Journal. 44(2). pp.167-193.
Forth, J. and Dix, G., 2016. Exploring the Nature and Extent of Workplace Conflict.
In Reframing Resolution (pp. 35-56). Palgrave Macmillan, London.
Foster, R., 2015. Does the Equality Act 2010 ensure equality for individuals with Asperger
syndrome in the legal arena?: A survey of recent UK case law. Autonomy, the Critical
Journal of Interdisciplinary Autism Studies. 1(4).
Horton, R., 2018. Employment/Labour Law. Great Debates in Gender and Law, p.109.
Hughes, P. and Ferrett, E., 2015. International Health and Safety at Work: For the NEBOSH
International General Certificate in Occupational Health and Safety. Routledge.
Maleki, A., Darvishi, E. and Moradi, A., 2015. Safety culture assessment and its relationship
with the accidents in a dam construction project. Health and Safety at Work. 4(4). pp.59-
68.
Saundry, R., Jones, C. and Wibberley, G., 2015. The challenge of managing
informally. Employee Relations. 37(4). pp.428-441.
Szydlowski, M., 2016. Gender recognition and the rights to health and health care: Applying the
principle of self-determination to transgender people. International Journal of
Transgenderism. 17(3-4). pp.199-211.
Willett, C. and Koutsias, M., 2016. UK Implementation of the Unfair Commercial Practices
Directive. In The European Unfair Commercial Practices Directive (pp. 33-56).
Routledge.
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Online
Reasons for Unfair dismissal. 2018. [Online] Available through: <https://www.thorntons-
law.co.uk/for-you/employment-advice-for-employees/unfair-and-constructive-dismissal>
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