BMM 5422 - Analyzing Legal Issues in Management: A Case Study

This essay delves into various legal issues pertinent to management, utilizing case studies to illustrate key concepts. It addresses scenarios involving employment rights, flexible working, discrimination, and consumer rights. The first case examines Albert Green's employment rights, potential discrimination, and unfair dismissal. It highlights the importance of employment contracts and adherence to labor laws. The second case focuses on Kathy's consumer rights, particularly regarding defective goods and the right to redress. It analyzes violations of consumer rights and the seller's obligations. The essay references relevant legislation, including the Employment Rights Act, Equality Act, and Consumer Rights Act, to support its analysis. Desklib offers a range of similar solved assignments and past papers for students.

Legal Issues for
Management

Question 1
(a) The Employment Rights Act of 1996, is the one which specifies regarding the existence of
employment contract between the employer and employee, where section 1 of the same states it
must be provided by the employer to their workers within 2 month of the starting of their job. In
general terms the the employment contract is an agreement which outlines the various aspects
regarding the employment conditions of the workers, their legal rights, responsibilities as well as
their duties. Moreover, it is required on the part of both the employer as well as employee that
they stick to the terms which has been specifies in the agreement till the time it gets completed or
ends or the further terms of the agreement gets altered. One such instance can be of the fact
where the employee gets terminated by his employer without attaining the due prior notice of the
same(Fagan and Rubery, 2018). Moreover, the case, where some specific performance is
required by some particular individual then that does not amount to be governed by the
employment contract as the same falls in the category of contract to provide services. The
contract of employment does not need to be always in written form rather it can be implied also.
It is said to come into existence as soon as it gets accepted by the employee.
Likewise, for the given case scenario of Albert Green, he stands entitled to initiate the
case on the ground of existence of contract of employment as the same already came into
existence at the time when Albert started working in the DIY local shop.
(b)The labour laws of the country enshrines the concept of flexible working and work life
balance. It is an expression which specifies the pattern of working, which has been opted by any
organisation as per suiting their requirements. Some of the major forms of flexible workings are
the part time workers, where the working hours of the individual stands less than that of the
usual(Ferdosi, 2021). The other is annulated hours, where the hours of working are worked out
over a year. The other trending one is the home working, which mainly is the concept of working
from home. The mention forms are not the exhaustive one rather there may also lies the other
forms as well. It is the general of the employee of the organisation to ask for the measure of
flexible working hours from their employers. With respect to the same there also lies some

statutory rights as well. For which it is required that the person must be an employee rather than
being only the agency worker(Haines, 2018). The other condition is that he must have worked
for the continuous period of 26 weeks before making such application. The other is that he must
have nit made any other similar application under the right during the tenure of last 12 months.
Similarly, in accordance of the stated provisions the Albert is also entitled to ask from his
employer the recourse s on the ground of work life balance as they were subject to work for long
hours which is more than the usual ones.
(c) The chapter 2 of the Equality Act of 2010, entails in total the nine types of aspects based
on which there must not take place any sort of discrimination. Which are the age, gender
reassignment, disability, religion or belief, sex, sexual orientation, or national origin, etc.
these are also addressed by the protected characteristics(McCann, 2021). The
discrimination on the basis of age is said to be occurred when any person is treated less
favourable or is not rendered with the same opportunities as that of the others reason
being of his old age. Other than this the Act of Age Discrimination of 2004, is also one
which entails the provisions specifically regarding the prohibition of discrimination on
the basis of age. Similarly, in the given case study when the Albert faces the
discrimination based on his old age when he gets terminated by his employer stating the
fact that he is not appropriate or stands too old to cope up with the range of duties which
are attached to the specifies job. Thus for the said actions of the employer he can move
forward with the idea of legal remedy against him.
(d) The Employment Rights Act of 1996 is the one which specifies the provisions regarding the
dismissal of the employee be it by the way of wrongful or unfair manner or by the way fair
dismissal. In simple terms the unfair dismissal is said to be made when any employer terminates
his employee without mentioning the fair reason to do so. Also when before the completion of
employment contract the workers gets dismissed then he is said to be unfairly dismissed by their
employer. Similarly in the given case the termination of Albert falls in the category of unfair
dismissal as hence he is entitled to ask for the legal remedies from his employer.
Question 2
The Act of consumer rights of 2005, of the country is the one which provides the frame work of
rights as well as the duties of buyer and their customers while aiding the customers to solve the

grievances in more efficient way. The act in itself outlines the eight types of rights which stands
available at the option of consumer which are as follows -
The very first is with respect to the right to satisfy the basic needs, which comprises of
the right to have the safety working environment, public utilities , proper water and sanitation,
etc. The other being the right to safety assures the protection of customers from the products
which stands hazardous to their lives(Pisarczyk, 2018). The other is the right to information,
where it is the first right of every user to get content of the commodities which are acquired by
the user. The data must comprises the listing of the goods, their expiry and manufactured dates.
The other is the right to choose, which entails that every users has right to choose their choice of
good free from any influence of the seller. The right to be heard is the other right which enables
the purchaser to be hear when the policies related to product is making and executing by the
government. The buyer must listen to the seller while creating the product. The right to redress
assures that the user must obtain a reasonable possibility to averment. It must consider the
compensation for deception by the seller. It also gives recompense for the unsatisfied services as
asked by the user. The other being the right to consumer education is the one where user must
have knowledge related to the product. It is the responsibility of seller to yield knowledge to the
consumer detailing their rights and duties. The last is the right to healthy environment, where the
seller stands under the duty to assure that the activities of the business related to the production
of goods does not harm the nature or society in any of the result manner which are the pollution,
erosion, etc(Rolf O'Reilly and Meryon, 2022).
(a) As with the manner of Consumer Right, 2015 Kathy have two laws that are being violated in
the scenario. As such two legal laws are effective to be heard and effective to address.
Primarily, Kathy have legal rights that the seller should heard the suggestion of Kathy at the
time of making footwear. Hence, in furthermore courses no another customer will face the
similar issue of loosening of show(Teague and Donaghey, 2018). The seller should
evaluates such sort of the response in respect to enhance the quality of footwear and their
goodwill of the business. It will effectively allow the business to create higher term of
efficient goods for their consumers. On the other hand, the legal rights of redress can also be
followed in this field of the area. It is the prime obligation of the seller to listen the
grievances and issue of the consumers. But on the other side, as in this section of the case
the manager of the business will not listen to Kathy that is the violation of the legal laws of

the Kathy. Kathy should also make sure about the issues of the footwear that should be
heard by the workers. By this, it should be resolve the grievances of the customers. It should
also compensate to the Kathy for the defaulted goods that is sell by the business.
(b) Kathy, in this case is liable for the compensation by the seller for receiving such bad quality
of heels. The first reason as given by the employer for not returning the product is baseless. In
the given case, Kathy has not misused the product in any condition. This is obvious nature that
heels are meant to be wear anywhere including the party. There were no expessed conditions of
wearing the heels at a particular place. So, this reason is not adequate for such dismissal of return
request by the consumer. Secondly, there was no existence of intention that the innocent party
intentionally damaged the product(Treweek, Tipton and Milligan, 2019).. It is obvious in that
condition that anyone would do that in order to make the product comfortable for use which is
also covered under right to satisfaction under the law. Hence, this reason also has no legal base
for such rejection as done by the manager of the firm. Thirdly, the reason for the warranty as
given by the employer was not adequate. This is because there were no such expressed
provisions of warranty present while the purchase of such heels by Kathy. Further, it is obvious
that the innocent party had not used the product regularly. The reason behind this is that when
Kathy used the product for the first time, it was not comfortable to use for which she removed
the heels. Hence, the innocent party cannot use this on regular basis as told by the seller.
Therefore, it is the legal right of Kathy to get compensation for such product.

REFERNCES
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Ferdosi, M., 2021. The Development of Employment Protection Legislation in the United
Kingdom (1963-2013). Labor History, 62(4), pp.511-531.
Haines, A., 2018. UK considers closer links between employment and tax rules. International
Tax Review.
McCann, D., 2021. Submission to the UK Government Consultation on Measures to Extend the
Ban on Exclusivity Clauses in Contracts of Employment.
Pisarczyk, L., 2018. The consequences of Brexit for the labour market and employment law:
challenges for the EU from a Polish perspective. N. Ir. Legal Q., 69, p.311.
Rolf, S., O'Reilly, J. and Meryon, M., 2022. Towards privatized social and employment
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Teague, P. and Donaghey, J., 2018. Brexit: EU social policy and the UK employment
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Treweek, A.J., Tipton, M.J. and Milligan, G.S., 2019. Development of a physical employment
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