Online Exam - legal issues

This article discusses legal issues related to online exams, including provisions of the employment act, work-life balance, unfair dismissal, and discrimination. It also includes case studies and references. The article covers consumer protection laws related to buying goods and services in the UK, including the right to return goods and receive compensation for damages.

Online Exam - legal issues

Table of Contents
Work life balance........................................................................................................................3
Unfair Dismissal case: Johnson v. Unisys Limited 2001............................................................4
Case law: Coleman v Attridge Law (2008).................................................................................5
REFERENCES................................................................................................................................7

Question 1:
Provision related to employment act:
The employment act 2008 of Up stated that there need to be contract between company and the
employee. It basically consists of the policy that employers need to follow while treating their
employees. Along with this, it starts as soon the application has been accepted by the subordinate
of job offer. In addition to this, it helps in ensuring that staff understand what is expected and
minimize the risk of dispute. The contract can be in form of oral or written. In the case of
Albert Green its employer has not given it the job offer letter which need to be given soon after
the selection according to employment act (Williams and Horodnic, 2018). Moreover, the terms
and condition need to be mentioned in the contract even if worker is part or full time. In the
case DIY shop has also not followed the provision of timely salary that need to be provided to
them. Although Albert Green salary was due for last 7 days. The act also stated that
organization need to provide them with paid leaves if the worker is permanent and not on
probation. Mostly important provision is that employees should be treated with no
discrimination. Employment Rights Act 1996 this Act covers areas such as unfair dismissal,
redundancy payments, protection of wages, zero hour contracts.
Case: Bannerman v White (1861)
Work life balance
It is an initiative that provide employees with benefits and policy that helps in creating a better
balance between the demands of the job and healthy management. Along with this, work life
balance provision includes issues like emergency childcare assistance, family leave policy,
fitness programme or seminars related to stress management. Although this programme is
considered in the workplace in order to attract large employee, help in retaining staff as well as
to increase their productivity. The main motive of work life balance is to include proper
prioritizing between career and ambition as well as to take care of their life style. The provision

of work life balance says that company should provide their employees with policies like
fixable working hour so that it can manage their life style. Along with this, another policy is to
give them fitness training so that they remain fit and proper nutrition diet need to be given to
them so that it can work more productively. Although such policy need to be manage by each
company as mentioned under employment act.
Case law: R (BECTU) v DTI (2001) C-173/99, [2001]
Unfair dismissal:
It is the part of UK labour law that require reasonable and fair treatment by the employers in case
of termination form the job. The act was introducing in year of 1977 and amended in year 2015.
The act has mentioned that no senior manager or employer can terminate its employee without
any prior notice of one month or few days (Perulli, 2020). Along with this, the notice need to be
given and reason need to be valid there should be no silly reason and it should be related to
work life. Moreover, another policy is that employees have right to be treated fairly and there
should be no discrimination conducted within the organisation. In addition to this, act state that
the employee need to present in the tribunal that it has been dismissed unfairly. Example: Firing
a female candidate just because she was pregnant will be considered as unfair dismissal. A
person can file case if employee has worked for a minimum period before it qualify the right to
claim unfair dismissal at tribunal. Generally, time limit is 2 years.
Unfair Dismissal case: Johnson v. Unisys Limited 2001
Discrimination:
The UK have employment equality law that provide legislation for discrimination act that
happen in workplace. It is one of the most important part of UK labour law which protect
employees from discrimination on the basis of age, gender, marriage, colour and race as well as
sex. Although the equality act 2010 stated that education, public service, and workplace should
be free from discrimination as each person has a right to live (Menegatti and Gyulavári, 2022).
Moreover, in the court burden of proof is on the victim and facts need to presented in the court as
well as explanation need to present that harassment has taken place. Workplace discrimination
legislation (the Equality Act 2010) protects employees with 'protected characteristics' from unfair

treatment. Protected characteristics include sex, marital status, gender reassignment, pregnancy,
maternity, race, disability, sexual orientation, religion or belief, and age.
Case law: Coleman v Attridge Law (2008)
Question 2
The consumer protection act aims at protecting the right of the consumer against damage or
expired products. It also safeguards from unfair dismissal practices. It gives special right to the
consume such as buying food and awareness about the unfair practices. The rights are mentioned
under consumer protection act 2015. The consumer protection act 2013 impose various provision
related to selling of goods to consumer (Agibalova and et.al., 2021)
. The act also mentions about the national norms and standards that ensure about the consumer
protection. The consumer protection act also promotes consistent legislative framework that is
associated with the consumer transactions and agreements. Consumers in the UK has wide
variety of rights related to the buying goods and service form the business that is based in UK.
The majority of the rights and protection for the UK consumers is mentioned in the consumer
Rights Act 2015.
As per the case of Kathy:
 According to consumer act the rights are that while purchasing the goods it should be in
proper condition as well as it should not be poor or damage quality. Although Kathy is
not liable for any kind of refund as the shoe was not of her size and it has return the
product after 4 weeks (Paterson, 2020). Thus, it does not come under the violation of the
right of the consumer. Although the shopkeeper sold the good as required by the Kathy
that represent the fulfil mint of its job. Thus, Kathy has no right of refund as good as she
has not check the good properly before purchasing it. No case will be charged on the
trader as it has given the product according to the need of the customer.
 According to act if customer has damage the good in sound mind position then in that
case it has no right to receive as well as refund from damages as it was not from the side
of the shopkeeper. If any violation has been done, then compensation need to be paid to

the party that has face damages (Tavuyanago, 2020). Although the act also stated that
customer has a right to return the material on a specific date of the purchase like within
a week if any damage has been found in goods. It also has advantage of warrant and get
the product repair for free by the shopkeeper or exchange that in case of default.
 According, to case study the consumer is not liable for any kind of compensation as
money was decided by the Kathy during the bargaining a not from the shop keeper. On
the other hand, the product which was received by the Kathy while purchasing was
assumed by the shop keeper that it is bona fide condition and the trader should not be
held liable according to act. It was duty of customer to go through the product while
taking it and even after checking it should have returned in limited frame of time.
The provision related to right of refund of material is mentioned in section 45 of the act
that talk about right of consumer to returned the good in limited set of time. Along
with this, if customer got the material which is not in good condition or bit damage or
does not fit customer then it can exchange. But the time limit of each company is
different and their exchange policy also varies. So before returning the customer must go
through all those things in order to avoid any intervention. Along with this, the act says
that the claim of damage good need to be proved in the court by the help of fact otherwise
compensation cannot be asked (Kelly, 2018). Although in case of Kathy, the shopkeeper
will not be held liable for refund as the breach has been done by the customer and not by
them. It was her duty to go through the product before purchasing. It has also approach
the organization after 4 weeks which is also a long duration.

REFERENCES
Agibalova, E. and et.al., 2021. Consumer protection in the digital environment. In SHS Web of
Conferences (Vol. 109, p. 01002). EDP Sciences.
Kelly, C., 2018. Consumer reform in Ireland and the UK: Regulatory divergence before, after
and without Brexit. Common Law World Review. 47(1). pp.53-76.
Menegatti, E. and Gyulavári, T., 2022. Who Regulates Employment? Trends in the Hierarchy of
Labour Law Sources. International Journal of Comparative Labour Law and Industrial
Relations, 38(1).
Paterson, J. M., 2020. Regulating consumer contracts in ASEAN: Variation and change. ASEAN
Consumer Law Harmonisation and Cooperation: Achievements and Challenges (Cambridge
University Press, 2019), U of Melbourne Legal Studies Research Paper, (893).
Perulli, A., 2020. The legal and jurisprudential evolution of the notion of employee. European
Labour Law Journal, 11(2), pp.117-130.

Tavuyanago, S., 2020. The interface between competition law and consumer protection law: An
analysis of the institutional framework in the Nigerian Federal Competition and Consumer
Protection Act of 2019. South African Journal of International Affairs. 27(3). pp.391-411.
Williams, C.C. and Horodnic, I.A., 2018. Extent and distribution of unregistered employment in
the service industries in Europe. The service industries journal, 38(11-12), pp.856-874.