Employment Law Coursework: Unfair Dismissal and Discrimination

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