Employment Law Case Studies: Understanding Legal Rules and Regulations

This article discusses two case studies related to employment law in the UK, covering issues such as employment contracts, payslips, holidays, and dismissal. It also highlights the legal rules and regulations that apply to these situations.

Course work Problem

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
CASE STUDY 1..............................................................................................................................3
Issue.............................................................................................................................................3
Rules............................................................................................................................................4
Application...................................................................................................................................5
Conclusion...................................................................................................................................6
CASE STUDY 2..............................................................................................................................6
Issue.............................................................................................................................................6
Rules............................................................................................................................................7
Application...................................................................................................................................8
Results..........................................................................................................................................9
REFERENCES..............................................................................................................................12

INTRODUCTION
Employment law is the legislation in UK which has been formed for placing rules and
regulations for the employees and employers protection. These legislations are related to the
dismissal, holiday, pay and discrimination. It helps in protection of the worker's rights while also
safeguarding the employer's interests. This project will be able demonstrate the following
knowledge and understanding the regulation and institutions of employment law from both
individual and collective perspective. This project will also analyse the legal rules for the
complex factual employment law problems to related them with recruitment and dismissal of
employees.
CASE STUDY 1
Issue
In this given case study Rhidian who is an individual working in a market place as a stall
seller for fruits and vegetable for the four days a week has applied for the mortgage with his wife
Leya at Extortion Bank Ltd. For which Rhidian was asked by the bank to provide 3 months of
payslips which are very important application for bank to sanction the mortgage. The issue arrive
to him when he asks the market stall owner about the payslips of his salary. At the very moment
the manager seemed to get very irritated and refused him of not having time for such a thing.
This was the issue in which the Rhidian was denied of the duty from the manager. Another issue
which was later recognized by Rhidian was that he never got a contract of employment from that
managers. Along with this he was never given any time off the working from stall and also was
very worried about the weather on not to ask about the payslips as it might lead to him losing the
job which he cannot afford. There are multiple issues identified in this case study starting with
the no contract employment which the manager of the market place is offering to its workers.
Along with this denial of payslips which is also an issue.

The Rhidian in these scenarios wants the justice for the payslips which is entitled to
receive from the employer and also a contract of employee that needs to be present. He also
wants to make sure that he does not lose the job while asking for his rights. The main purpose of
the Rhidian is to be able to gain the mortgage. Here, the fight is actually Rhidian accusing his
manager in order to provide him the employment rights which include not just, the contract,
payslips, and days off but also the assurance of not having to lose the job.
Rules
For this given case study it is very important to understand the main factors that are able
to affect the growth of the organization. According to the UK employment law as soon as
someone accepts a job offer they have contract with their employer1. This law also suggests that
the contract does not have to be written down. Employee is when a person has an agreement to
do some work for someone. It is not important for the employment to have the contract but
provide services. Hence, it can be said that it is not mandatory for the employer in this given case
study to provide the employees a contract for employment.
The major concern in this case study is with the Payslips. The payslips law has been
addressed in the payment of Wages Act of 1991. According to which all the employee have the
right to a payslip and outline what should be included in a payslip. As per this law the payslip
has been divided as the inclusion of the tax and also any types of deduction. The employees
which are able to give payslips are able to provide a clear overview of how much money an
employee is earning as well as deductions which are going to be in place of the different
organization.
As per the law in UK for the all the workers and employees are legally entitled to 5.6
weeks paid holiday in a year 2. This is known as the statutory leave entitlement of the annual
leave. It also includes the agency workers, workers with irregular hours and workers on zero
hours contract. For the given case study in which the Rhidian who has been working for 4 days a
1 Rolf, Steven, Jacqueline O'Reilly, and Marc Meryon. "Towards privatized social and
employment protections in the platform economy? Evidence from the UK courier
sector." Research Policy 51. no. 5 (2022): 104492.
2 Whiteside, Noel. "Before the Gig Economy: UK Employment Policy and the Casual
Labour Question." Industrial Law Journal 50. no. 4 (2021): 610-635.

week. He is entitled to (4×5.6) number of days of holidays in a week. Hence, the employer
cannot stop him from taking a day off from work.
According to the laws in UK there are terms and conditions which the employer needs to
follow before dismissing the employee. For the dismissal of the employee the employer needs to
show a valid and justified reason if they are not sending a notice prior to that. It is also very
important to act reasonably in order to circumstances3. It is also essential for the employee to be
consistent. Dismissing someone for something which other employees are doing is unfair
treatment. It is very important to investigate the whole situations before dismissing someone.
There needs to be a notice period which needs to be mentioned in the contract in order to provide
the employee the time to find another job.
Application
The relation between the discussed rules and the given case study are present. The
employee which has the concern about not having the employment contract law is also a major
concern that is the factor which is considered to be responsible for making the employees
develop the responsibility towards the actions that are required to be taken 4. Department of
transport v sparks, 2016 this case law shows why it is not necessary for the employment to be
legal without a written contract. Hence, it can be said that Rhidian not receiving a contract for
employee also makes him entitled to the employment as the acceptance has been made in the
verbal form.
The payment of Wages Act of 1991 clearly suggests that the employees are entitled to
receiving payslips and the information which are related to it hence, it can be said that in this
given case study the employer of Rhidian has the responsibility to provide his employee all the
payslips that he desires as per the law.
According to the employment act of UK the employees and workers in UK are also
entitled to 5.6 week of holiday. These rules need to be maintained by every employer for its
employees. Hence, it Rhidian is can avail all these holidays when ever he wishes as per the law
3 Fitzsimons, Emla, and Benedetta Pongiglione. "The impact of maternal employment on
children's weight: Evidence from the UK." SSM-Population Health 7 (2019): 100333.
4 Duddington, John. Ministers of Religion in UK Civil Law: Obstacles to Employment
Status and Potential Reforms to Achieve a Degree of Employment Protection. The
University of Manchester (United Kingdom), 2019.

Sood Enterprises ltd v Healy 2013. in this case study it was found that the employer cannot deny
the employees for leaves.
The dismissal of the employees are also a very big aspect of the employment process that
needs to be understood in by each employer thoroughly. Johnson (A.P.) v. Unisys this was the
case law in which the unfair termination of employees was resulted in the lack of proper
management of organizational operations. According to the employment termination law the
employer cannot fire any employee without a valid reason. Even they are needed fire the
employee it must be done in notice period 5. Therefore, it can be said that Rhidian should not
worry about being fired while asking for payslips.
Hence, the conclusion that can be drawn is that Rhidian can accuse the owner of the
market stall for the denying the payslips. Other than that he should not fear for losing the job as it
is not legal for employer to fire him without any reason.
Conclusion
According to the above discussion it has been found that the employer is accused of
certain actions from Rhidian. One of this action is the denial of providing payslips. As an
employee Rhidian has the right to ask for payslips as per the Wages Act of 1991. Rhidian can
ask for payslips once again to the owner without any hesitation and it will be his duty to provide
him the payslips. In case the owner denies providing them then actions can be taken against him.
The fear of losing the job for Rhidian is understandable as he is desperately in the need of that
job for the mortgage. But this fear should not be there as the employer does not have the right to
fire an employee without any reason. Demanding for the rights of payslips is certainly not a
misconduct for firing. The employment law suggests that the employer can only send Rhidian on
a notice period if he wishes to fire him (EMPLOYMENT TERMINATION LAW AND
LEGISLATION IN THE UK, 2021). As far as the rules for leaves are concerned Rhidian is
entitled to take 5.6 weeks of leave as per the UK law and actions can only be taken if the
employer denies him the leaves he is entitled for. Hence, the results of all the argument is that the
employer is not yet accused of anything but action might be taken against him by Rhidian if is
refuses to provide payslips.
5 Neugebauer, Moritz. "Socio-legal perspectives on agency work: Liminal employment,
innovation and the crisis of UK labour law." PhD diss., University of Kent, 2021.

CASE STUDY 2
Issue
The given case study is about the owner of “Hot study” a organization which is the
manufacturer for swimwear and Sun-hats. In these cases study the owner of this organization
Helena who is facing this peak time of her business during March and May when this volume of
sales for this product increases. Hence, which she introduced no holiday rule for all the staff
which are working for her during the time period of March, April and May for meeting all the
needs of the business. It is very important and essential for this business to make sure all the
employees are available for meeting the production needs.
However, the issue in this case study is that the employees which work for Helena one
third of which are followers of Muslim religion. In this religion during the time of April and May
as per their religious calendar they have the key festivals such as Ramadan and Eid. This is the
case of two key events in the life of organization and the employees coinciding with peak
production time. Due to which the employees are going to take leaves during this period for the
celebration of their festivals. The actions of the owner Helena to implement the no holiday
policies resulted in the all the staff members joining the union and 50% of them have treated to
go on a strike which would have a very bad impact on the organization.
The issue for Helena is that she does not know about the action that is going to be the
best to be taken in this situation. Consideration of the legal facts and laws are going to be very
important aspect for the study for highlighting the factors that are to be considered for resolving
this issues. It is important for this company to understand the factors which are responsible for
gaining the resolution of the issues that are helpful for the development of the organizational
benefits.
Rules
As per the given case study following are the different rules and regulations which are to
be considered are,

 According to the Employment Law in UK the employees in this country are entitled to
minimum of 5.6 week of paid holiday each year 6. The inclusion of the Bank holidays are
also offered with more than the contract of employment. The consideration of holidays
are said to be convenient with the employer as it helps in providing the absolute right to
take the holiday atleast the time of choosing the employment. Employers have the right to
refuse the holiday request during the busy period in the organization. In order to refuse
for leaves the employers needs to provide a 2 weeks of notice. Despite having the power
to do so the employer can only refuse the leaves for a certain period. The time limit for
which the employer can refuse to take leaves is 28 days.
 In UK there has been certain amendment in laws regarding the leave policy of the
Muslim employee in the during Ramadan which starts in April. Hence, according to the
needs of these employees are to be provided flexibility to their working hours in order to
complete their fasting which lasts 16 hours.
 Some times action taken by industries can result to the employee going on strike. This
results in the concern with the stoppage of production. There are no positive legal right to
strike in the UK which are led by the trade union unless certain conditions are met. Union
needs to be conducted a lawful ballot of all member which believes in it. Such action can
only be due to some dispute between the employer and employee. There needs to be
secretary or someone authorized for the rules and industrial actions.
 The employer has the legal right to deduct the wages of the workers during a strike
however, they cannot deduct more than one fifth of the weekly pay for a day's strike
action. It is important for the employer to follow the law while taking actions which
involve action that are short of a strike.
The policies of an organization can help the individual to disrupt the factors which affect
the growth of the business. For the business the law suggests that unfair to provide the
employment.
6 Sánchez-Monedero, Javier, Lina Dencik, and Lilian Edwards. "What does it mean
to'solve'the problem of discrimination in hiring? Social, technical and legal perspectives
from the UK on automated hiring systems." In Proceedings of the 2020 conference on
fairness, accountability, and transparency, pp. 458-468. 2020.

Application
In this given case study the no holiday policy was implemented. According to the
employment law of UK, the employer does not have the right to introduce a no holiday policy of
3 months. The employer has the power of influencing the employment for the time being of 1
month. In the given scenario Helena would be accused of the implication of no holiday policy as
it is not legal as per the law of UK to do so. Considering the peak times of the organization when
it would have most work. The action taken by the employer was due to the consideration of 1/3 rd
population of Muslim that would have taken leaves during their key festivals. Vasudevan, R.M.S.
Union v. Lotus Mill Ltd in this case the strike was made for the no holiday policy specifically
during the holidays. As a result of this the workers also demanded their payment for the days
they went on for a strike. The workmen were not entitled for the asking for wages during those
holidays in which they went for strike. This is an extremely unethical practice by this employer
as they have the knowledge about the festivals coming up for Muslims workers during this
period. This would have resulted in the lack of diversity shown by the organization in the
management of the differences in culture. One of the key aspects of implementation of no
holiday policy is that it needs to be consulted with the employees before it has been implemented
7. Due to the action which was taken by this organization the result of this action would have
been very negative. As far as the union law for employee strike is concerned it is legal till the
employees are not crossing the legal line. For the given case study the 50% of the employees
went on the strike as the company “hot stuff” manufacturer of swimmer and sun hats introduced
no holiday policy for its employees. Therefore, it can be said that the policy was made without
the consent of the employees and hence have the right as the going on strike is not legally
prohibited. The rule is needed to be taken by the company in order to make sure that the strike is
uplifted as it consists of the 50% of the employees 8. This is going to affect the collaboration of
the organization that would help this business to be able to develop new strategies for the gaining
operational growth.
7 Fagan, Colette, and Jill Rubery. "Advancing gender equality through European
employment policy: the impact of the UK's EU membership and the risks of Brexit."
Social Policy and Society 17, no. 2 (2018): 297-317.
8 Barnard, Catherine, and Despoina Georgiou. "Legal Regulation of Self-Employment in
the United Kingdom."

Results
From the above findings about the laws and regulation related to this case study the
following results can be drafted. As the action taken by Helena for its company policy of no
holiday for the three months was a policy implemented without the consideration of the
organization. Hence, the owner of this business would get accused of taking such action which
according to the employment law of UK is not legal. Madurai Coats Ltd. vs The Inspector Of
Factories explains how the employer cannot restrict employees for the holiday for work
accordance to the employee needs or due to festivals. As the company has already implemented
this policy the best option for the employment law of UK would be to take back the policy in
order to make the employee to lift the strike. All India Bank Employees vs National Industrial
Tribunal 1962 according to this case law the employees have the right to go on a strike when it is
for reasonable purpose.
It has been found that the need of this company for the purpose of production is also very
important for maintaining the supply needs 9. For which the owner of this company should
consult with the Muslim employees about the flexibility it can provide to them for the
celebration of their festivals. For the mitigation of these work it can also offer the other workers
with over time facility in order to reduce the damage in the organization's production. This is
going to be the best action that needs to be taken by this business. As far as the policy of no
holiday is concerned is needed to be lifted and an apology needs to be given to all the employees
for the inconvenience for avoiding further damage.
The results of such inconvenience that the business faced due to the strike from the
employees it has the power of deducting the wages of those employees which were on the strike
but it won't be able to deduct more than 1/5th of the week's salary. But it is one of the actions that
this organization can take legally.
9 Chiripanhura, Blessing, and Nikolas Wolf. "Long-term trends in UK employment: 1861
to 2018." (2019).

REFERENCES
Online
EMPLOYMENT TERMINATION LAW AND LEGISLATION IN THE UK, 2021[Online].
Available through: <https://cms.law/en/int/expert-guides/cms-expert-guide-to-dismissals/united-
kingdom>