Employment Law Coursework: Unfair Dismissal and Discrimination

This coursework covers the statutory application of employment law, relevant cases, and discrimination in the workplace. It also discusses the Employment Rights Act 1996 and the Equality Act 2010.

EMPLOYEMENT
LAW
1

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
Statutory application ..................................................................................................................3
Relevant case .............................................................................................................................5
Conclusion...................................................................................................................................6
TASK 2............................................................................................................................................7
Statutory legislation applied........................................................................................................7
Relevant cases ............................................................................................................................9
Conclusion ..................................................................................................................................9
CONCLUSION .............................................................................................................................10
REFERENCES..............................................................................................................................11
2

INTRODUCTION
Employment law are those laws which are used in order make issue related to
employment solved in more effective way. These laws are used in order to deal with aspects of
employee which makes justice to be served by using employment laws1. In this case two
important aspects has been covered which is based over Unfair dismissal and discriminations.
Also various cases has been explained with this.
MAIN BODY
Case scenario:
As per the case scenario it has been marked out that selling of fruits and vegetables
within Hitchin for four days week and about 6 months. Rhidan is working for 6 hours per day
from 8am and 2pm from Friday to Thursday getting paid £180 per week and he is 30 years of
age. Rhidian has recently applied for mortgage with wife Leya at Extortion Bank Ltd. Extortion
Bank Ltd which requires Rhidian to provide 3 months. During the time period of working
Ridhian never received payslip from the stall owner Jamie. Rhidian cannot remember that he
received contract and has not taken time off while working. Now Ridihan is worried that if he
ask again about payslips he will lost his job.
Statutory application
Employment law are those laws which are developed in order to deal with issues faced by
employee while working or performing employment. These laws are focused upon making rights
and duties of employees protected with its various legislations. It makes employer and employee
relationship more strong and effective making focused upon developing tripartite relation
between them. The laws also covers about employment contract that has been signed by
employer and employee before performing any course of employment. There are certain
important legislation that has been formed within employment law which are Employment rights
act 1996, Minimum Wages act 1986 and Equality act 20102. It has helped over preparing strong
structure for making employment solved more effectively. Thus employment law is an important
1 Plickert G, and Sterling J, 'Gender Still Matters: Effects Of Workplace Discrimination
On Employment Schedules Of Young Professionals' (2017) 6 Laws
2 Stephens D, and Hamblin Y, 'Employability Skills: Are UK LIM Departments Meeting
Employment Needs?' (2021) 107 New Library World
3

part of laws required to be used by business organizations hiring employees. As per the facts of
the case it has been analysed that important topic of discussion is based over employment
contract and employee rights. The legislation which are required to be applied is Employees right
Act 19963. This act has been introduced order to make sure that employment rules are formed
while protecting employees basic basic rights covered in different perspectives. The act deals
over various kinds of aspects which is related to employment and its working within an
organization. These legal aspects has been discussed as follows:
Contract of Employment
This has been defined as those contracts which has been created in order to develop rules
and regulations in relation over employment. The contract is based over information that is
related to employment like job title, wage, hours of work and employment duration. Also these
contracts are required to be signed by employer and employee. There are four main kind of
employment contract which are permanent, fixed-term, casual and zero hour.
Rest Breaks
As per the Employment Right Act 1996 employee should be provided over daily and weekly rest
breaks. The act has made at least break of 20 mints working for six hours consecutively and it is
mandatory for an employee.
Parental Leave
The act allows maternal leaves to be taken during the time of pregnancy for women
employees. This is an important part of employees right which makes women employee work
with effectively.
Long service
Under the 1996 legislation, employees who had worked for the same employer for an
extended period of time became entitled to more benefits. For example, after six months
employees were now entitled to ask for flexible working, after 12 months they were now able to
request parental leave, and after 24 months they could now claim unfair dismissal.
Notice of Dismissal
As per the act the act an employee is required to be given notice that cannot be longer
then a month. This allows employee to get information about dismissal and employees
3 Ngwena C, 'Deconstructing The Definition Of ‘Disability’ Under The Employment
Equity Act: Legal Deconstruction' (2020) 23 South African Journal on Human Rights
4

themselves required to provide notice in case they are willing to resign. The notice period mus be
reasonable and influence employment duration.
Unfair Dismissal
Under the Employment Act 1996 employment should provide upon reason for dismissing
an employee. Unfair grounds of dismissal includes request over flexible working and defending
statutory rights. Employees are dismissed over the which leads towards constructive dismissal
which is required to be deal by employees tribunal. As per the act an employees can be dismissed
fairly if they are not able to consider capabilities with qualified role in relations to substantial
resources.
Redundancy Payments
If in any case employee has been dismissed over job making redundancy and they have
worked for employer with at least two years that is mentioned within the act. This is specified by
entitling over receiving with sum of money in the form of final payment of employer.
Employer Insolvency
If an employer becomes bankrupt and is thus unable to pay its employees, the Act
specifies how the State will compensate an employee who is affected4.
Thus the act deals with various kinds of aspects that makes employee perspective covered in
more effective way.
Another legal aspect related to employment is employment status which defines about
current working condition of employees. This is based upon making sure that an employee are in
working status. Employment contract helps over making agreement formed in more effective
way. These contract are based upon written and unwritten form. The contract of employment has
been defined as those contract of services. The contract of services is covered under
employment. These contracts deal over various perspectives which is required by an employee to
known. The contract bounds employer and employee with various kinds of obligation which is
required to be followed by them. The other legislation that has to be applied is based over wages
protection. National Minimum Wage Act 1998 that set out minimum amount of pay a worker is
required to get upon work done. This is an important aspect which makes employees deal over
4 FINDLEY H and others, 'THE UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT AND ITS' COURT HISTORY' (2020) 11 Journal
of Individual Employment Rights
5

various kinds of aspects developing standards of wage required to be given to employees after
working more effectively. The main aim of this act is to ensure a secure and adequate living
wage for all labourers in the interest of the public. To ensure that the employee has enough to
provide for his family. Ensuring a decent life standard that pertains to the social comfort of the
employee.
Relevant case
Autoclenz Ltd v Belcher:
This is an landmark case within employment law and contract law which has been
decided by Superme Court of United Kingdom. As per the case scope of statutory protection
over rights working individual. In the view of Court of Appeal relating over barganing power of
parties should be taken into account over deciding wether person is able to acvount as an
employee upon employement rights5. The relatives bargaining power over parties which has been
taken into account over true agreement related upon various kinds agreements taking place
between employer and employee.
Wickens v Champion Employment:
In this case claimant is an employee of defendent agency and she was dismisssed in
order to make success that shows that agency os having 20 employees. Further, for achieveing
this agency workers as employees. The tribunals decision made claim over circumstances within
agency pver exercising sufficent control upon workers for them which is counted by employees.
It was held by court taht appeal has failed that was based over claim that has been brough upon
agenecies temeperrory workers generally. Further, tribunal resists temptation for concluding
individual within employee that is carried on by business of his own choices.
Pimlico Plumbers Ltd v Smith:
The Suprem Court in this case held that its decisions passed is based over special
questions wether plumber stade over self employed within the contract with fact of worker. The
court upheld decision about court below Mr Smith indeed a worker6.
Devonald v Rosser & Sons:
5 Qc B, 'The Employment Act 2002 And The Crisis Of Individual Employment Rights'
(2017) 31 Industrial Law Journal
6 Humphreys S, 'The Equality Act, 2010' (2010) 6 Research Ethics
6

This case is based over UK employement law which is based upon making employement
contract created. It has been implied that employement contract shuld not be applied within the
condition wherr risk is developed over work availability as it impacts risk over wages to be
beared by employer.
Conclusion
It can be marked out from the case that Ridhan has been working upon daily basis over
the stall and earns £180 per week. This makes it clear that the current sataus of Ridhan is it
wokrs as an permanenty employee. In relation employement contract that has verbally taken
place between stall owner of stall amd Ridhan. This makes Ridhan attain payslip since they are
covered under Employement Right act 1996 and are basib right of employee. Alos Ridhan
wages are protected and none can take it from employee. Thus it has been marked out that
Ridhan can attain pay slip from the owner of ceratin purpose.
TASK 2
Case scenario: The case scenario says that Helena is the owner of ‘Hot Stuff’ in Hemel
Hempstead that is plant which has been used over manufacturing swim wear and sun hats. In
relation to peak time which is between month of March and May when the English weather
picks up and the volume of orders increase.
Then one third of workforce if Muslin and is worried about impacting annual leave in relation
to Muslim staff due there lunar calendar. There key festivals are Ramadan and Eid at this time
peak production is done within the organization. In order to avoid any kind of problem while
manufacturing Helena has introduced no holiday rule in the month of March, April and May over
citing business needs. Since the workers are union members and leaded by Zach Hussain. This
made an threat to be produced over 50% of union members willing to strike in few months till
the time rule of reversed. This made Hellan worried and her friend Amy now wants to know
about key aspects that has to be maintained within the scenario for stopping the decision.
Statutory legislation applied
Equality Act 2010 this is an act of Parliament which has been formed by United
Kingdom government within Brown ministry and has primary purpose related to consolidating,
updating and supplementing the numerous prior Acts and Regulations that has been dealing with
discrimination by forming anti discrimination policies within England, Scotland and Wales. The
7

act has helped in developing anti-discrimination law by enhancing earlier existing law which are
the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the
Disability Discrimination Act 19957. The acts were scattered but after introduction of Equality
act 2010 all kinds of discrimination come under one legislation. The act is based over elements
like religion belief, gender and age. The act majorly work over same goals in order to achieve
Equal treatment directives by implying over provisions. Thus act has been offering protection
beyond the directives that has been decided by implementing various aspects causing employees
rights. The act has been offering protection over discrimination which is an illegal act making
justice to be provided within re project. The Act protects people against discrimination,
harassment or victimisation in employment, and as users of private and public services based on
nine protected characteristics: age, disability, gender re project, marriage and civil partnership,
pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act includes
provisions for single-sex services where the restrictions are "a proportionate means of achieving
a legitimate aim". In the case of disability, employers and service providers are under a duty to
make reasonable adjustments to their workplaces to overcome barriers experienced by disabled
people. In this regard, the Equality Act 2010 did not change the law8. Under s.217, with limited
exceptions the Act does not apply to Northern Ireland. Equality act basically deal with any kind
of discrimination that has been caused in relation to age, gender, religion and colour. The act has
helped employee over dealing with issues that is based over discrimination.
Employee discrimination
Discrimination is simply treatment of one person differently from the other. It can be
done any where and in any condition. Employee discrimination is the discrimination or
indifferences that an employee has to face in workplace due to many reasons. This employee
discrimination can be done on various terms. There is even discrimination on basis of gender,
race, pregnancy, age, religion and various other kinds. Gender discrimination is one of the most
famous kind of discrimination. It is differently treatment because of gender of one person, it is
very common be it in society or in workplace. Gender discrimination has various forms resulting
in less payment to women, because they are considered as the weaker section of society. As just
7 Richardson R, 'Equality Priorities And Equality Objectives – The Equality Act 2010, A
Cautious Welcome' (2010) 28 Race Equality Teaching
8 O'HIGGINS P, 'UNFAIR DISMISSAL: Constructive Dismissal And Unfair Dismissal'
(2019) 2 Industrial Law Journal
8

because of this reason, they are paid less and not given proper training and are not led to lead
teams. Racial discrimination is also a very common type of discrimination. These are done with
minority people which will result them with no proper mentoring or promoting and other benefits
in a workplace. Disability discrimination is the indifferences that are done on physical
disabilities9. This discrimination is done on the basis of considering one's ability to work or by
considering them physically impaired or physically unfit for a particular job or task at workplace.
Pregnancy discrimination is done with females who are expecting children or expecting to be
mothers. Employers refuse to provide them with some projects or work or include them in some
great projects because of their pregnancies10. Other people sometimes terminate their working
and operations. Age discrimination is another kind of discrimination that is done on basis of age.
Young aged people in a workplace are more harassed, if the company has more aged and
experienced people working in it. Religions also play an important part in discrimination of
employees at workplace. Employers of certain organisations discriminate their employees due to
their different religious beliefs and clothing and other religious terms. Parental status
discrimination is also one of kind of discrimination that exists in workplaces. These all kinds of
discrimination done are illegal but also they exist in workplaces and employees have to go
through a lot who face these indifferences. Though there are many laws made in constitution for
the reduction in this employee discrimination. But still employees face a lot of problems related
to these indifferences and discriminations. Employers should not be facing these issues that are
related to these indifferences and discrimination based on all these factors.
Unfair dismissal: This is the condition within which an employee is dismissed without giving
any kind of notice. In relation over unfair dismissal various aspects can be there out of which
discrimination can be based over unfair dismissal. Discriminator can never be ground of fair
dismissal as it has been banned by the law. This leads over causing various kinds of issue within
working environment of an organization. Also discrimination can be solved with the help of
various aspects making discrimination removed within an organization.
9 Moriarty J, and Manthorpe J, 'Handyperson Schemes And The Equality Act 2010' (2020)
16 Housing, Care and Support
10 Ewing K, and Hendy Qc J, 'Unfair Dismissal Law Changes--Unfair?' (2019) 41
Industrial Law Journal
9

Relevant cases
Coleman v Attridge Law
As per the case it has been marked out that European Court of Justice the question has
arise that policies of anti discrimination that has bee formed covers disabled persons also which
makes equality created within UK(Barnard, 2020). Advocate General Maduro delivered in the
case said that anti discrimination law are effective perspective that deals over any kind of
discrimination that has been taking place within particular case. The case marked out
discrimination policies of EU and there impact over disable person. Further, court held that
prohibition of direct discrimination iws not limited to people having disability. This makes
favourable treatment to be given to employee which makes discrimination to be removed11.
English v Sanderson Blinds Ltd
This is an labour law case which is based upon discrimination n relation to sexuality can
be challenged or not. The court of appeal decided within case that it is irrelevant that if someone
sexuality is the reason to be bullied and thus amounts over offence of sexual harassment.
Conclusion
As per the facts of the case it has been marked out that ‘Hot Stuff’ various kinds of
employees are Muslims and there month of Ramadan and Eid is approached which made them
take holidays as they are required to perform religious prays. Hemel Hempstead through holiday
policy makes religious discrimination created. In order to get justice employment tribunal is
approached.
CONCLUSION
From the above discussion it can be concluded legal methods are used over solving
dispute which has taken place between two parties. In this file things discussed is based over
ADR which is and dispute solving mechanism without going to court. In this various process has
been discussed of ADR. In the end various examples of ADR is explained.
11 GHANDI S, 'UNFAIR DISMISSAL: State Immunity And Unfair Dismissal' (2018) 12
Industrial Law Journal
10

REFERENCES
Books and Journals:
Plickert G, and Sterling J, 'Gender Still Matters: Effects Of Workplace Discrimination On
Employment Schedules Of Young Professionals' (2017) 6 Laws
Stephens D, and Hamblin Y, 'Employability Skills: Are UK LIM Departments Meeting
Employment Needs?' (2021) 107 New Library World
Ngwena C, 'Deconstructing The Definition Of ‘Disability’ Under The Employment Equity Act:
Legal Deconstruction' (2020) 23 South African Journal on Human Rights
FINDLEY H and others, 'THE UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT AND ITS' COURT HISTORY' (2020) 11 Journal
of Individual Employment Rights
Qc B, 'The Employment Act 2002 And The Crisis Of Individual Employment Rights' (2017) 31
Industrial Law Journal
Humphreys S, 'The Equality Act, 2010' (2010) 6 Research Ethics
Richardson R, 'Equality Priorities And Equality Objectives – The Equality Act 2010, A Cautious
Welcome' (2010) 28 Race Equality Teaching
Moriarty J, and Manthorpe J, 'Handyperson Schemes And The Equality Act 2010' (2020) 16
Housing, Care and Support
GHANDI S, 'UNFAIR DISMISSAL: State Immunity And Unfair Dismissal' (2018) 12 Industrial
Law Journal
Ewing K, and Hendy Qc J, 'Unfair Dismissal Law Changes--Unfair?' (2019) 41 Industrial Law
Journal
O'HIGGINS P, 'UNFAIR DISMISSAL: Constructive Dismissal And Unfair Dismissal' (2019) 2
Industrial Law Journal
11

12

13