Legal Aspects of Business Assignment (Solved)

Legal Aspects of Business

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
CONCLUSION ...............................................................................................................................6
REFERENCES ...............................................................................................................................7

INTRODUCTION
Law is the system of rules which a particular country or society recognizes as regulating
action its members as well as which it may be enforced by imposition of the penalties. Laws are
very important as it is a system which regulate the behaviour of person in right manner (Pastorini
and et.al, 2018). It is defined as the Art of Justice. This present report will discuss various
Employment laws. Employment laws are very important in the area of business which govern the
relationship of employer and employee. It is mandatory for the all employer those having more
than one employee than they will have to use the law of employment. This present report will
discuss the case of Adams and Jane of Central London. Adams who owes a small business of
cafeteria and Jane who is a lady employee in his business. Moreover, the entire case study,
various laws related to case will be included in this assignment.
MAIN BODY
Overview of Case study
This is case which is entirely related with the laws and legislations of employment. There
are three creators in this case study Adams a business and Jane an employee and Hilary another
employee. Adams owns a small cafeteria in Central London. He is running the business smoothly
in the city but after sometime he noticed the difference between the receipts and takings daily.
Adams has decided to call meeting on this issue. During the meeting, Adam has discussed all
these things. When meeting is going on, Adam has noticed Jane to be very nervous when Jane is
explaining the situations. Hilary another employee at Cafeteria also support the thinking of
Adam. After the meeting, Adam has called Jane in the office a directly told her that he want his
money which was loosed in the office (Shamilev, Shamilev and Naurazova, 2018). At that time,
Jane was very nervous and she said that she is pregnant and she wants maternity leave in few
months. This is the case scenario which makes Adam confused that in this situation what is right
and what is wrong to do. Either he would deal with the issues of lost money on Jane or not
because as per the law employers are not allowed to dismiss pregnant lady by any not prof
litigations.
Laws related to Pregnant women
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There are some important law which needs to be followed of company or employer is
running a business of more than 15 employees. It is not choice but it is mandatory for all
employer to abide these laws.
Pregnancy Discrimination Act 1978- This is the act which is the amendment to Civil
Rights Act of 1964 and it is covered under the discrimination of sex. According to this act, it
disallows any employer or company to discriminate any woman employees based on her
pregnancy, birth of child or any other related medical condition. It is mandatory for employer to
treat the pregnant woman the same manner as they are treating others (Eleftheriadis and et.al.,
2016). In addition to this, none of the employer can refuse to recruit the employee only the
reason of pregnancy, employer cannot refuse to restrict or extend maternity leave. It is very
important that employer should provide adequate accommodations as well as they are also
responsible for providing health-care benefits.
Family and Medical Leave Act 1993- This is also one of the most important law that
needs to be followed by the employer or company. According to this law, employers are allowed
to give employees unpaid and job protect leave from employment. Woman employee are allowed
to take leave for birth as well as care for new born child, incapacity due to pregnancy, parental
care and or any serious health conditions after birth.
Importance of Employment laws
Employment of laws are very important for both employer and employee as it governs
the relationship between them. It is very important that each and every law should be known to
the employer. Adams should know the importance as well as all types of employment laws for
the smooth functioning of the business. In this present case scenario, the litigation of theft was
charged on the pregnant lady without any proof. In addition to this, no employer has right to
dismiss any pregnant lady without any proof (Ha, 2017). Government of UK has committed that
women have their own rights to save them from any discrimination and litigations.
Rights of Pregnant Women at Work
1.An Employer cannot fire a woman because she is pregnant- This is the right that a woman
who is pregnant have at workplace that no employer can fire her only with the reason of her
pregnancy. Sometimes, employer try to disguise the discrimination behind good purpose.
Employer explains that they are worried about the safety of her health. For instance, in other
cases, the discrimination is more strident and it is totally illegal. It is mandatory for all
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companies should have the written policy in order to lay off female workers after the third month
of her pregnancy. Moreover, company should be highly concern about the safety of women as
well as her child but they are not given the right to fire the women for the reason of safety and
security of her health and her child (Balwicki and et.al., 2016).
2.A Employer cannot refuse to hire a woman because she is pregnant or she become pregnant
in future- This is also one of the most important right that employers should know. If a woman
is qualified and eligible for the job as well as she wants to work than no employer can refuse to
hire her only with the reason of her pregnancy. As per the Act of Pregnancy Discrimination
1978, they have to pay penalty and legal actions will be taken.
Maternity leaves- It is also a right of a pregnant woman that she is eligible to take maternity
leave from the employers without pay or charged to unused leave credit as per the act of
Maternity 1961. Women have right to take leaves up to 52 weeks. The first 26 weeks is known as
ordinary maternity leaves and the last 26 weeks as Additional Maternity leave. The earliest that
leave cab be taken is 11 weeks before the expected week of childbirth or unless the baby is born
early.
3.Non-medical leave must be equally available for both men and woman- It is strict rules that
employer or company should have to grant maternity leaves to woman but if employer have any
policy regarding the non-medical leaves for the intention such as bonding with child, male
employees are eligible to the same amount of leave as woman.
4.Pregnant woman cannot be dismissed without any prof- It is fact that a pregnancy is very
sensitive period of a woman as they face many life changing experience. This is also one of the
right that a pregnant woman have that no employer can sue or dismiss a pregnant woman if they
do not have the prof of any misconduct at workplace. As per the case scenario, Adams is not sure
that Jane has stolen the money or not, thus, without prof Adam cannot dismiss Jane because she
is pregnant and as per the Discrimination Law 1978, if any employer do this, legal action will be
taken on employer as well as penalty will also be charged (Barker and Branson, 2014).
There are some legal requirements that Jane has to follow-
Maternity Benefits Act, 1961- This is the act that governs the conditions of service of
woman employee on maternity leave. In 2017, government has make some amendments
regarding termination of employee who is pregnant. As per this law, employer does not have any
right to discriminate woman during her pregnancy. In addition to this, employer does not have
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right to terminate woman who is on maternity leave and it will be entirely unlawful if any
employer dismiss of discharge pregnant employee.
The section 12 of this act of Maternity states that if there is any misconduct done by a
pregnant woman than employer have right to order in writing informing the woman that
company or employer is depriving her all maternity benefits or bonus or it can be both. Employer
have right to dismiss the pregnant woman employee even without paying any bonus of maternity
benefits. But is very important that it will be proved that misconduct has been done by particular
pregnant woman (Weber and Studer, 2016). Misconduct can be theft, dishonesty, fraud, wilful
destruction of employer property of goods. In addition to this, it is also mandatory that employer
or company should explain her position as well as all the charged that stand against her.
Thus, in the given case scenario, Adams have all these rights according to Section 12 of
Maternity Benefits Acts. Adam has right to dismiss Jane if she has done theft or any. In addition
to this, Adam also have right to dismiss all her maternity benefits as well as her bonus. But it can
only be done if Adam has prof.
Here are the five ways Adams can select to deal with a Pregnant employee without getting
sued
The fear of being sued can be down right paralysing for many employers working with
the pregnant employees. Adams is also scaring for taking any action regarding Jane because he
has heard so many stories about the suing of pregnant woman when they have been dismissed
without any proof. However, because of this reason, employer or company mostly avoiding the
misconduct or issues conducted by them.
Here are some steps that Adam should use in order to make the right decisions as well as
operate the business more effectively-
1.Adams should know which laws are suits to his business- For pregnant woman there
are some important laws which are The Pregnancy Discrimination Act (PDA), The Family
medical Leave Act (FMLA) and Maternity Act. These are very important law that Adam should
know and understand. In addition to this all employment laws are also suits to his business
(Gassner and et.al., 2018).
2.Have a written Policy- It is also very important that business either small or big should
have written policies. It is very important that company should have all the laws and acts in
written form. In this present case scenario, Jade has made this biggest mistake that he has no
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written policies regarding Pregnant women and this is the reason why he was confused what to
do. If Adam has earlier written all the policies than he will take the best decision.
3.Talk to the pregnant woman- It is also very important that if any misconduct or
anything has happens than it is the duty of employer to talk with her in a polite manner even the
claim has been proof. In the present case study, if Adams is able to find the proof against Jane, at
that time also he will follow the method of exist pole (Nicolaescu, Tăgăduan and David, 2016).
Steps to investigate the theft of employee in the company
It is true that, employee theft is a serious issue. In order to find the proof, Adam should
follows this steps-
Adams should called the meeting- This is one of the best formal step that need to be
followed by Adam and this step has been followed by him. In the present case study, Adam has
called a meeting and during a general meeting Adam mentioned that all his staff that some
money is missing and he is gong to take serious actions regarding the theft (Lodder, 2017). In
that meeting, has found that Jane is very nervous.
Adam should check the CCTV footage if any- This is also one of the best way to
investigate the theft of employee. This is the best instrument to that should be used in the offices
for security purpose and for primary surveillance. The conduct of theft will easily be identified if
Adam has CCTV camera in the office (Apsalyamova and et.al., 2015).
Adam should file complain in Police station- This is another reason that how company
can file complain in police station. Police force will do enquiry and find the person who have
done any misconduct in the office. Police will take serious action if anybody has done theft or
any misconduct.
By following this step, Adam investigate the thief than he will take serious action on Jane which
are as follows-
Penalty- As per the act of employment- Adam has also right to charge penalty on Jane
and can ask for all the money which was loss back. In addition to this, Adam can also charge the
double amount (Herrmann and Dornacher, 2017). This is also one of the best way to take the
necessary action if Adam, does not want to terminate the employee.
Suspend- This is also another condition that Adam have to punish Jane on her
misconduct or theft. Adam has right to suspend Jane by charging dishonesty, fraud, theft all the
charged that Adam wants. It is not good to terminate Jane because she is pregnant, it is happened
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that she is working for the same reason, Adam should listen and take necessary action and
suspend her for some days or months.
Terminate Jane- This is the last option for Adam if he wants to terminate her. As per the
Section 12 of Maternity 1968 states that if there is any misconduct done by a pregnant woman
than employer have right to order in writing informing the woman that company or employer is
depriving her all maternity benefits or bonus or it can be both. Employer have right to dismiss
the pregnant woman employee even without paying any bonus of maternity benefits (Kemp,
2018). In addition to this, it is also mandatory that Adam should explain her position as well as
all the charged that stand against her.
Thus, these are the few options that Adam can take if they are able to find the proof
against the Jane.
CONCLUSION
The above report concluded that law are very important for the smooth flow of company
as well as for entire economy. It is the system of rules which a particular country or society
recognizes as regulating action its members as well as which it may be enforced by imposition of
the penalties. This report also make understood the laws of employment regulating the pregnant
woman at work. Further, the rights of pregnant women was also discussed in this assignment. In
addition to this, steps to be followed for the investigating the theft was also included in this
assignment. Steps that Adam should use in order to make the right decisions as well as operate
the business more effectively was also illustrated in this report.
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REFERENCES
Books and Journals:
Apsalyamova, S.O and et.al., 2015. Legal Aspects of Ecosystem Services Related to Efficient
Forest Exploitation. Journal of Environmental Management & Tourism, 6(1 (11)), p.56.
Balwicki, Ł and et.al., 2016. Tobacco industry interference with tobacco control policies in
Poland: legal aspects and industry practices. Tobacco control, 25(5), pp.521-526.
Barker, R.L. and Branson, D.M., 2014. Forensic social work: Legal aspects of professional
practice. Routledge.
Eleftheriadis, P and et.al., 2016. Legal aspects of withdrawal from the EU: A briefing note.
Gassner, U.M and et.al., 2018. Legal aspects of storage and transmission of laboratory
results. LaboratoriumsMedizin, 42(6), pp.243-249.
Ha, H.T.H., 2017. Legal aspects of pension product-review of the client's rights and tax
incentives related to voluntary pension insurance business.
Herrmann, C. and Dornacher, C., 2017. EMU and the Sovereign Debt Crisis—Legal Aspects of
Monetary Policy Responses and the Banking Union. In International and European
Monetary Law (pp. 129-138). Springer, Cham.
Kemp, R., 2018. Legal aspects of cloud security. Computer Law & Security Review, 34(4),
pp.928-932.
Lodder, A.R., 2017. Directive 2000/31/EC on certain legal aspects of information society
services, in particular electronic commerce, in the Internal Market. In EU Regulation of E-
Commerce. Edward Elgar Publishing.
Nicolaescu, C., Tăgăduan, D. and David, D., 2016. Accounting and Legal Aspects regarding the
Online Romanian Crowdfunding Platforms' Operations. Journal of Economics & Business
Research, 22(2).
Pastorini, A and et.al., 2018. Medico-legal aspects of tort law patient safeguards within the Gelli-
Bianco piece of legislation. La Clinica Terapeutica, 169(4), pp.e170-e177.
Shamilev, R., Shamilev, S. and Naurazova, E., 2018. Socio-economic and legal aspects of
regional and municipal anti-corruption systems. Economy. Business. Computer
Science, 4(3), pp.320-327.
Weber, R.H. and Studer, E., 2016. Cybersecurity in the Internet of Things: Legal
aspects. Computer Law & Security Review, 32(5), pp.715-728.
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