Assignment on Aspects of Employment Law
15 Pages4052 Words46 Views
Added on 2020-04-15
Assignment on Aspects of Employment Law
Added on 2020-04-15
ShareRelated Documents
EMPLOYMENT LAW2Table of ContentsIntroduction......................................................................................................................................3Part 1................................................................................................................................................3Issue.............................................................................................................................................3Rule..............................................................................................................................................3Application..................................................................................................................................7Part 2................................................................................................................................................8Issue.............................................................................................................................................8Rule..............................................................................................................................................8Application................................................................................................................................10Conclusion and Recommendations................................................................................................11References......................................................................................................................................13
EMPLOYMENT LAW3Introduction Employment law is a filed which governs the relationship between the employer and employeeand the various other aspects of employment. There are a number of laws which apply over theemployment law field of United Kingdom and these legislations act as guidance for theemployers and employees in the nations, which makes certain that the rights of the employeesare safeguarded and the responsibilities are fulfilled by the employers (Cabrelli, 2014). Theissues of gross conduct are covered in the employment law and a procedure is dictated whichhave to be followed in cases of unfair dismissal which can be made by the employees (Morrissand Estreicher, 2010). Part 1The following parts cover the dismissal case of Mary King by Sarah Douglas so that the samecan be analysed for acknowledging the presence of unfair dismissal. Issue The key issue in this case relates to the chances of a successful claim being made by Maryagainst Sarah or the company. RuleThe conduct of employees of the company is majorly of two kinds, misconduct and grossmisconduct. A situation of misconduct is raised when the issues are not of serious or significantnature. Included in the examples of misconduct are incidents of low attendance or coming late in
EMPLOYMENT LAW4the office. On the other hand, when it comes to the issues which result in serious consequences,they are classified as gross misconduct. Included in the examples of gross misconduct areincidents of coming to the workplace by the employee under alcohol or drug abuse (Bishop andCrooks, 2016). The employment contract or the handbook of the company covers the actionswhich are usually defined as gross misconduct case and this classification changes based on thecompany’s activities, in addition to the role of the individual. Hence, where the actions in generaldo not form a part of gross misconduct could still be deemed as such where the requirementsstated above are fulfilled (Scales and Stander, 2017).When it comes to the dismissal of employees, there is a requirement of the employee being givena notice and where the same is not given, a pay in lieu of notice has to be given. This depends oneach individual as every individual has a different basis of entitlement to notice. For every fullyear of employment for which the employee was employed, a minimum of one week of notice isrequired to be given to the employee and this notice can be given for a period of 12 weeks at max(ACAS, 2017a). Summarily dismissal refers to such a situation where the employee is dismissed from the jobwithout being given any notice and is used in cases of gross misconduct (Altinn, 2016). Till thetime the gross misconduct is established, the employee is suspended, pending the investigation.This investigation occurs for determining the validity of the claims which have been raisedagainst the employee and for establishing the accused employee’s guilt. Where the allegation isestablished without any doubt, the employee can then be dismissed from the employment(Johnson, 2016).
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Employment Law Referral Assessmentlg...
|13
|3916
|311
Employment Law: Addressing Issues and Dismissal Procedures in Compliance with Irish Employment Lawslg...
|6
|2861
|199
Report on Employment Lawlg...
|16
|3586
|43
Report On Case Laws & Legislation | Kitchen Furniture Co Ltdlg...
|13
|3798
|352
Protection from Unfair Dismissal under the Fair Work Act 2009lg...
|5
|1534
|328
Business and Employment Lawlg...
|13
|2514
|25