Business Law and Ethics 1: Employment Law and Ethical Perspectives

This report delves into the intricacies of business law and ethics, focusing on a specific case involving an employee named Linda. The report begins by defining employment and categorizing Linda's role within the company. It then outlines key employment laws, including the Employment Rights Act, National Minimum Wage Act, and others, highlighting their significance. The concept of constructive dismissal is explained, with an analysis of whether Linda should consider this option given her situation. Furthermore, the report explores various ethical perspectives at play, emphasizing the importance of professional relationships, employee accountability, and respect among colleagues. The analysis underscores the lack of ethical considerations within the company and suggests how Linda could have addressed the situation. The report concludes with a summary of the key findings and recommendations.

Business Law and Ethics
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Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
1. Define employment and explain what type of worker Linda is ..............................................3
2. Common rules in relation to employment law ........................................................................4
3. What is Constructive Dismissal and advise to Linda whether to consider this option or not..5
4. Various ethical perspectives at play in relation to this case and advise Linda accordingly....5
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7
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INTRODUCTION
Business Law and Ethics is defined as what leas and ethics organization follows for being
more effective in the business environment (Halbert and et.al., 2020).
The report will explain employment term and what type of worker Linda is. Common
rules to employment law will be explained. Furthermore, Constructive Dismissal term will be
elaborated and advise will be given to Linda that this option is good or not. Various ethical
perspectives will be explained and advise to Linda will be given accordingly.
MAIN BODY
1. Define employment and explain what type of worker Linda is
Employment is an agreement between an employer and an employee that the employee
provides certain services. Employment is basically relationship between two parties in which the
employee is being paid (Blyton and et.al., 2017).
Linda is an innocent girl who was caught in the act of fraud which was done to her. Linda
was being cheated by the company's chief accountant, Charles. She was then further befriended
by Charles as this person has impressed Linda by going at Linda's residence and presented gift
for Linda.
One fine day, when Linda spotted Charles and Heather at wine bar socializing, Linda saw
them embracing each other instead of having their own spouses. Charles and Heather saw Linda
that same day at same moment. To compensate this behaviour and not to reveal the essential
details, Charles and Heather started inviting Linda at the wine bar and along with this Charles
wrote Linda a company cheque for £20 k to buy a car to reach office comfortably. Lind was
being cheated by the behaviour of Charles as this person was flirting with Linda. Linda being
very innocent was caught in the act of this fake behaviour which Charles had shown to Linda.
Linda conveyed this message when the retail company went into administration and the
administrator asked questions about the company's working and the fraud which Linda had
faced. Linda being sincere towards the company was cheat by the company staff which led the
image of the company down and due to such problems the company was not able to meet the
standards of placing high position in the external business environment.
Employees or individuals in the company had fake behaviour which was seen and
observed by Linda. This behaviour of the individuals and company people made Linda's trust
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towards the organization as whole false and also due to such behaviour Linda analysed that
individuals who cheated on were not of good intention, and they made fool out of Linda.
Therefore, the situation which Linda depicted to the administrator was far beyond what was
being observed by Linda during the situation which Linda went through.
2. Common rules in relation to employment law
There are various employment laws which are as follows -
 Employment Rights Act, 1996 — It is one of the most inclusive part of employment law
legislation which covers variety of topics such as unfair dismissal, employment contracts,
redundancy and family-friendly leave.
 National Minimum Wage Act, 1998 — This act creates National Minimum Wage for
employees and workers across UK. The Organization should be updated about the
changes within the Act that has been framed.
 Employment Relations Act 1999 - This Act establishes a number of rights at work for
de recognition, trade union recognition and industrial actions.
 The Maternity and Parental Leave etc. Regulations 1999 — A statutory instrument is
being formed for the Women employees who work in the organization and take leaves
and time off's.
 Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000-
This Act requires organization to provide employees on part-time contracts with equal
treatments to full — time employees.
 Agency Workers Regulations 2010 — This Act aims to stop discrimination against the
organization employees. The act ensures that employees receive the correct amount of
pay, safe working conditions along with the right sum of holidays.
 Transfer of Undertakings (Protection of Employment) Regulations 2006 — Transfer
of Undertakings Protection Employment regulations ensure employee rights during a
business transfer. This is a very complex process but ensures employees receive fair
treatment from a new employer appointed in the organization.
Therefore, these employment laws are important for the company to consider and follow these
employment laws full fledged as they serve various benefits to both employer and the employee.
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This also helps the employee ensure about that these regulations and acts serves purpose of
safety and security when during any mishap or wrong doings.
By following these regulations company has to change ways if any changes occur in
these Acts. These acts help the company to deliver best to employees and the employees also
ensure that these acts which are being practised and followed by organization and are considered
as important. Thus, these laws and acts should be followed for the organization so company
works effectively and efficiently.
3. What is Constructive Dismissal and advise to Linda whether to consider this option or not
Constructive Dismissal is the situation in which the employee is forced to quit or leave
the job not according to their wish but because of the employer's conduct of behaviour.
Therefore, when an employee resigns from the job because of the employer in an organization
then it is considered as Constructive Dismissal (Mars, 2018).
Linda should have considered this option of Constructive Dismissal due to the bad
behaviour of employers of this retail company. The Chief Accountant of the company Charles,
cheated and did fraud with Linda. Linda should definitely consider this option, as it was best
suited in Linda's situation. This option would have made Linda more responsible and strong
about her job and also this will make Linda a more confident person. Through constructive
dismissal, Linda will be able to analyse the situation and this will make Linda realize about what
has been actually done with her.
The company will incur the loss there and then when the case of constructive dismissal
by Linda would have been the best decision of her career. In such organizations, like this,
constructive dismissal by employee is the best option. Linda faced the problem of being flattered
by chief accountant of this retail company and was thereafter being cheated. Linda should
definitely go through constructive dismissal which will allow Linda to resign from job due to the
bad behaviour of the employer. This will also make Linda a confident individual and make Linda
realize that in such situations it is the best way to go through constructive dismissal.
Therefore, constrictive dismissal is a process which helps employees get rid of poor and
negative work culture which is being followed in organization. Employers behaviour directly
affect employees in an organization. Thus, the relationship between employers and employees
should be positive in all aspects so that they are able to achieve goals and objective collectively
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and through effective collaboration to serve the organization with possible and positive after
effects. Employees should be aware of ill treatments that have been done to them by employers.
Also, employers behaviour should be good enough to make employee retention less.
4. Various ethical perspectives at play in relation to this case and advise Linda accordingly
There are various ethical perspectives in relation to this case which are described on the
basis that the ethics which the organization holds constitutes its standards, rules and regulations
and the position in the external business environment (Caldwell and et.al., 2018). The
organization dealing with strong work culture and ethics represent their best of values and
attitudes towards the society and economy. This is also seen through the employer and employee
relationship. Effective communications makes the relationship prosper and this aspect directly
affects their overall performance along with representing the organization status at large scale.
Ethical perspectives which the company holds are a part of value systems which are visible
through the attitudes and behaviours of employee and employers.
There were no ethical perspectives being followed in this retail company case. If the
company had followed some ethics then there would have been no frauds and cheating with the
employees like that happened to Linda. There are various ethical perspectives the company
should follow which are as follows -
1. Develop Professional Relationship so that employees and employers have the line of
professional communication which will be related to work within the business structure.
2. Employees should be accountable for their work and their behaviour. This will help them
to analyse their standards and values to represent themselves as a good employee.
3. Respecting the colleagues or co-workers is an important aspect which will lead the
relationship on good terms and the company will be able to stand proud towards other
companies.
Linda in this case should take responsibility towards what was being done. The cheating and
fraud which Linda faced should not be the case with other employees of the company. Linda had
set an example for the company that such type of bad behaviour will not be entertained by any
other employee of organization. Linda should communicate effectively with the higher officials
of company so that the company is aware of what process is company following and rules and
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regulations which are being ignored specially the ethical perspectives of employees and
employers of the organization. Thus, Linda in this case should take initiative on own.
CONCLUSION
Thus, it is concluded from the above report that employment term was defined and it was
analysed that what type of worker Linda was. Common rules to employment law were explained.
Furthermore, Constructive Dismissal term was elaborated and advise was given to Linda whether
option was good or not. Various ethical perspectives were explained and advise to Linda was
given accordingly.
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REFERENCES
Books and journals
Halbert, T. and et.al., 2020. Law and ethics in the business environment. Cengage Learning.
Blyton, P. and et.al., 2017. A flexible future?: prospects for employment and organization (Vol.
30). Walter de Gruyter GmbH & Co KG.
Mars, M., 2018. The weakest link: management. The Dairy Mail.25(7).pp.57-59.
Caldwell, C. and et.al., 2018. New employee onboarding–psychological contracts and ethical
perspectives. Journal of Management Development.
Online
Available through < https://www.lexisnexis.co.uk/legal/legislation/uk-parliament-acts/
employment-rights-act-1996-c18 > 2021.
Available through < https://www.legislation.gov.uk/ukpga/1998/39/contents > 2021.
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