Employment Law Referral Assessment

EMPLOYMENT LAW
REFERRAL
ASSESSMENT

Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
CASE SUMMARY OF MICHAEL WALSH.................................................................................1
CASE LAWS ON GROSS MISCONDUCT...................................................................................3
Holly Sakaria...................................................................................................................................3
Case Laws On Discrimination At Work Place:...............................................................................5
Naarczyk versus TJ Morris LTD and Cowley.................................................................................7
CONCLUSION ..............................................................................................................................8
CONCLUSION ...............................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
In UK there are more than four million companies which provide the employment to over
21 million full-time employee's. All the employers and the employee's are govern under the
employment law of UK. The employment laws of UK are placed to protect the rights of
employees which are violated by the employer in a manner of unfair dismissal, holidays, pay,
discrimination and many more. The laws made not only to protect the employee's but also there
are laws which also safeguard the employer's interest. The main purpose if enacting the
employment law is to maintain the relationship between employer and employee. Basically the
employment law framed to regulate the functions of organisation properly without any
misconduct, discrimination and other wrongful activities. Because the contract is made between
the employer and the employee at the starting and in that contract various bonds were made
between them regarding to employment, equal pay, holidays entitlements, maternity and
paternity leaves, discrimination, equality, the redundancy process and much more. Even, in this
report the provisions of employment law will get discuss related to unfair dismissal, gross
misconduct and the procedure of employment Tribunal1.
TASK 1
CASE SUMMARY OF MICHAEL WALSH
Michael Walsh was a taxi driver in a company name as Fast Cars in Milton Keynes.
Michael had been working for the last three years in the same company. The incident took
place outside the company between Michael and Giovanni who is also a fellow taxi driver.
Last week in a party Giovanni kissed a girl age of 15 year who is a daughter of Michael,
when Michael came to know about the incident Giovanni got head butted and fell to the
ground and also by the attack of Michael, Giovanni hand was fractured and also got wound
on head. As a result of this incident Michael got dismissed by the owner of Fast Cars
company on the grounds of misconduct. Michael was not satisfied with the dismissal and
there is a clause in the employment contract of Michael with the Fast Cars company that,
either party must give a prior notice period of 12 weeks to terminate the contract of
employment. Michael with dissatisfaction of the dismissal would like to take the case to the
Employment Tribunal.
1 'Rebooting EU Employment Law' (2018) 3 European Employment Law Cases
1