Employment Law: Sources, ACAS Code, Common Law, Restrictive Covenant

This document provides information on the sources of law relevant to employment tribunals, including labor laws, employment contracts, and common law. It also discusses the ACAS code of practice on disciplinary and grievances procedures, the ACAS early conciliation program, negotiated settlements, and the concept of common law. Additionally, it covers topics such as legal liabilities for discrimination claims, constructive dismissal, valid restrictive covenants, and varying contract terms. The document includes relevant case law examples and offers advice to employers and employees on their rights and responsibilities.

EMPLOYMENT LAW
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QUESTION 1...................................................................................................................................3
1. Outline the sources of law that are relevant to the employment Tribunal- with examples
and explain how the interrelate...............................................................................................3
2. According to the ACAS code of practice on disciplinary and grievances procedures,
what adjustments can the tribunal make if either party does not comply with code?............4
3. Summarize the main element of the ACAS early conciliation program introduced in
April 2014...............................................................................................................................4
4. How would parties ensure that a negotiated settlement (that is a settlement reached
outside of the tribunal process) is binding?............................................................................5
5. Explain the term COMMON LAW, its relation to cases and how cases may be used in
legal reasoning........................................................................................................................5
QUESTION 2...................................................................................................................................5
Advise Beckett LTD regarding any legal liabilities they may have regarding a discrimination
claim for Aslam......................................................................................................................5
QUESTION 3...................................................................................................................................6
Advise Planck LTD of their potential legal liability regarding Marcus constructive dismissal.
................................................................................................................................................6
QUESTION 5...................................................................................................................................7
Discuss, with reference to case law, the circumstances under which a restrictive covenant
could be valid and how the court may analyze a clause.........................................................7
QUESTION 6...................................................................................................................................8
Explain how the employer can attempt to vary the terms of the contract and how the employee
can potentially respond. Give examples of relevant case law in your answer.......................8
REFERENCES................................................................................................................................8
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QUESTION 1
1. Outline the sources of law that are relevant to the employment Tribunal- with examples
and explain how the interrelate.
It has been determined that there are mainly six different sources of law which is significantly
relevant to the employment tribunal. Sources of law include labour laws,
employment contracts and agreements, federal and state statutes and regulations, other statutes
that indirectly implicate employment law and common law (Ceil, 2020). Furthermore, it has
been determined that employment acts as essential element, this has been evaluated that
regulations as well as laws associated to employment is of vast range. It is essential for
employers as well as employees to have proper understanding of these laws as they are
effectively interrelated with each other. It has been analysed that the sources of laws are
interrelated as these laws and rules are basically issued by official bodies from the three branches
of government.
2. According to the ACAS code of practice on disciplinary and grievances procedures, what
adjustments can the tribunal make if either party does not comply with code?
According to the analysis it has been determined that as per the ACAS code of practice on
grievances and disciplinary procedures if party do not comply with code then in this case, a
certificate will be issued by conciliation officer (Ataullah and Livesey, 2020). Furthermore, it has
been underlined that during this period time limit suspended by the stop the clock" provisions. In
this the claimant gets an opportunity of time period of a minimum of one month to file a claim
once the clock starts to run again.
3. Summarize the main element of the ACAS early conciliation program introduced in April
2014.
The main element of ACAS early conciliation program that was introduced in April 2014 is
defined as:
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The planned petitioner should send "recommended data" in the "agreed way" to ACAS. It
has been evaluated that the endorsed way is by telephone, online and by post. It is essential for
planned petitioners to phone ACAS who will at that point fill in the form. The data that the
individual must required to give to ACAS is the worker's name and address and the imminent
respondent's name and address. It has been determined that it is not necessary for individual to
offer detail related to dispute. In addition to this, it has been determined that the completed form
then will be further transfer to an Early Conciliation Conciliation Officer (ECSO). After this
ESCO will undertake telephone contact in order to make contact to prospective claimant main
purpose of this is to effectively gain basis information for example, date of incident, length of
employment and more.
4. How would parties ensure that a negotiated settlement (that is a settlement reached
outside of the tribunal process) is binding?
It has been determined that after the preparation of the deed of the settlement it is essential for
engaged parties to sign the deed. It has been determined that at this point of time the settlement
of agreement is legally enforced (Bull, Calvert-Lee and Page, 2020). In addition to this, it has
been determined that it is essential for engaged parties to make sure that agreement must be in
written and its further states that conditions to the settlement agreement must be fulfil filed in
effective manner.
5. Explain the term COMMON LAW, its relation to cases and how cases may be used in
legal reasoning.
It has been determined that common law is a collection of unwritten laws which is mainly
dependent on lawful points of reference that has been set up by the courts. Furthermore, it has
been evaluated that common law have significant influence during unusual case where the result
could not be resolved dependent on existing resolutions or composed guidelines of law (Martin
and Meheux, 2020). It has been determined that this law is additionally rehearsed in the United
Kingdom, Australia, Hong Kong, Canada, New Zealand and India. This can be effectively used
in legal reasoning such as common law marriage which is also termed as non-ceremonial
marriage. Furthermore, it has been underlined that Common law places an importance on pattern
while allowing some freedom for explanation.
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QUESTION 2
Advise Beckett LTD regarding any legal liabilities they may have regarding a discrimination
claim for Aslam.
According to the case study analysis it has been identified that Aslam received unwanted
remarks in context to tightness of his clothes as well as physique. Along with this he also faced
wrong gesture by Davina. In context to this it is advised to Beckett LTD to effectively take
significant actions under, The Equality Act 2010 (Martin and Meheux, 2020). This Act was
enacted to provide fairness to each and every individual in order to protect them. It is essential
for employer to provide equal treatment to all individual whether they are of any gender. In
context with equality act 2010 harassment states that it is an unwanted behaviour which is
associated to protect characteristics that have impact upon individual dignity and further develop
offensive atmosphere and develop bad environment (Mungan, 2020). The abusive and hostiles
marks on Aslam will have significant impact upon their business relationship. Harassment faced
by Aslam can affect its working. It is essential for company to ensure that proper measures has
been undertaken in this case as to provide benefits and entitled in the equality act. It is essential
for company to have in depth evaluation of code of practice, employment and code of practice on
services, association and public functions. Company is advised to undertake legal liabilities such
as taking strict actions against Davina in order to make sure that there is no such harassment
activities prevail in organisational workplace structure.
QUESTION 3
Advise Planck LTD of their potential legal liability regarding Marcus constructive dismissal.
According to the case analysis it has been identified that Marcus has complain that due to his
short notice he could not expect to start work suddenly on different site which is also far away
and which will interfere with his child care arrangement. As per the analysis of this case, it has
been determined that Rosemary bad behaviour lead Marcus speaks to Ursula who is working in
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human resource. In context to this it is advice to Planck LTD that it is there potential liability in
context with construct dismissals in which individual are forced to leave their job against their
will due to employees conduct (Ataullah and Livesey, 2020). It is essential for workers to leave
job with a serious reasons according to the law on constructive dismissal. In this Marcus under
the law can claim to employment Tribunal. According to the industrial act 1969 employee can
claim that he /she was unfairly dismissed. It has been determined that In February 2017, in the
case of A Worker v Therapie Clinic (decision no. LCR 21396), it has been deemed by the Labour
Court that employer is liable for worker unfair dismissal under the Industrial Relations Act 1969.
It is advised to Planck LTD to have effective Workplace Relation Commission (WRC). Along
with this is also recommended to have fair disciplinary procedure and follow procedures said
down and effectively understands disciplinary matters and deal with them in effective manner. If
Marcus is unfairly dismissed then he is applicable for the compensation. Furthermore company is
being recommended to have own procedure when disciplinary investigation is required. Planck
LTD should ensure that there must be disciplinary system set up and that it is good for reason.
Real adherence by Planck LTD to their method is of vital significance when a disciplinary
examination is required (Green, 2020). It has been determined that the way that a worker may
have been waiting on the post trial process or may have had short of what one year's working or
service when dismissed would not provide prevention and the WRC or the Labor Court can force
risk on a business as per the Industrial Relations Act 1969 for dismissal that has been unfair. It is
likewise a significant suggestion to businesses that a case under the Unfair Dismissals Acts not
only sole alternative accessible to worker who accept that he/she is being dismissed in unfair
manner. Thus, it is advised to Planck LTD to adhere all the procedures under the Industrial
Relations Act 1969 as refusal or negligence lead towards dissatisfaction among workers that
further affects morale for staff.
QUESTION 5
Discuss, with reference to case law, the circumstances under which a restrictive covenant could
be valid and how the court may analyze a clause
It has been identified that there are certain factors that determine and possibility of restrictive
covenant. It is essential for restrictive convenient to be enforce that restriction a duly designed to
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protect and assets and other business interest. Main benefit associated with respective consent is
that it provides convenient benefit to the owner for the time being of the land. It has been
determined that restrictive covenant is also termed as negative convenient. It acts as an
instrument that binds legal obligation from taking actions they have abstained from specific
actions (Reosti, 2020). Furthermore it has been determined that buyers who significantly fail to
meet destructive convenient may lead to face penalties. However destructive considered can be
sometime removed through payment to sellers. In addition to this according to the analysis it has
been determined that restrictive covenant can also applied to real estate deals. It mainly includes
provision that do not allows renovation without approval or grant from community, association.
Restrictive covenant in real estate sector provides covenants that are require adhering the manner
in which it is used by occupant.
QUESTION 6
Explain how the employer can attempt to vary the terms of the contract and how the employee
can potentially respond. Give examples of relevant case law in your answer.
It has been identified that contract between employer and employee act as a fundamental tool
that defined the relationship between both of the parties. It has been determined that employer
can attempt to vary the terms of the contract, in this it is essential for both employer and
employee to take advantage of right to collective bargaining. It is a constructive forum for
effective change in terms of employment, working condition and relationship between workers
and employers (Ceil, 2020). It is one of the most flexible and effective manner that effectively
aid in anticipating potential problems and further develop peaceful mechanism. With the help of
collective bargaining management and workers can promote benefits and regulate relationship in
effective manner. Collective bargaining effectively facilitates the interest of both employers and
workers with the help of balanced decisions can be undertaken that further improve labour
relationship. It has been determined, as per ILO Tripartite Declaration of Principles concerning
Multinational Enterprises and Social Policy (“MNE Declaration”) that it is essential for
companies to effectively emphasise on rights at Work (FPRW) and its Follow-up and honour
commitment.
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REFERENCES
Books and Journals
Ceil, C., 2020. A Case Study of Employment Right Act. Available at SSRN 3520487.
Ataullah, I. and Livesey, A., 2020. Maintaining High Professional Standards, morally, ethically
and fairly: what doctors need to know right now. Postgraduate Medical
Journal, 96(1141), pp.711-717.
Martin, H. and Meheux, M., 2020. Working in Different Leadership Teams with EPs and Others:
Dealing with Tricky Situations. Leadership for Educational Psychologists: Principles
and Practicalities, p.161.
Mungan, M.C., 2020. Discrimination and deterrence with enforcer liability. American Law and
Economics Review, 22(2), pp.303-338.
Green, L., 2020. Outsourcing Discrimination. Harvard Civil Rights-Civil Liberties Law Review
(CR-CL), 55(3).
Reosti, A., 2020. “We Go Totally Subjective”: Discretion, Discrimination, and Tenant Screening
in a Landlord’s Market. Law & Social Inquiry, 45(3), pp.618-657.
Ceil, C., 2020. A Case Study of Employment Right Act. Available at SSRN 3520487.
Ataullah, I. and Livesey, A., 2020. Maintaining High Professional Standards, morally, ethically
and fairly: what doctors need to know right now. Postgraduate Medical
Journal, 96(1141), pp.711-717.
Bull, A., Calvert-Lee, G. and Page, T., 2020. Discrimination in the complaints process:
introducing the sector guidance to address staff sexual misconduct in UK higher
education. Perspectives: Policy and Practice in Higher Education, pp.1-6.
Martin, H. and Meheux, M., 2020. Working in Different Leadership Teams with EPs and Others:
Dealing with Tricky Situations. Leadership for Educational Psychologists: Principles
and Practicalities, p.161.
Rayner, C. and Lewis, D., 2020. Managing Workplace Bullying. Bullying and Harassment in the
Workplace: Theory, Research and Practice.
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