Analyzing Legal Issues in Employment and Consumer Law: A Case Study

This case study analyzes various legal issues arising in employment and consumer scenarios. The first question addresses Albert Green's potential claims related to his contract of employment, work-life balance, discrimination, and unfair dismissal, referencing relevant legal provisions and case laws. The second question explores Kathy's consumer rights concerning a pair of shoes, evaluating the shop manager's decision to refuse a refund in light of consumer protection laws and relevant case precedents. The analysis covers aspects such as the right to satisfaction of basic needs, safety, information, choice, being heard, redress, and consumer education, ultimately assessing the legal standing of both Albert and Kathy in their respective situations. Desklib offers a variety of study tools and solved assignments for students.

Online Exam - legal issues

TABLE OF CONTENTS
QUESTION 1: Albert Green ..........................................................................................................3
QUESTION 2...................................................................................................................................4
REFERENCES................................................................................................................................7

QUESTION 1: Albert Green
Employment laws are those laws which are related to the relationship between the
workers, employ entities, government and the trade unions (Rolf, O'Reilly and Meryon, 2022).
a) Provision related to Contract of Employment: The employment contract is the
document that used to outline the rights, responsibilities and obligations of the employer and
employee. The agreement is executed by having the consent of between the employer and
employee and the same is applicable on the both parties. The contract of employment mus ensure
to have the proper appointment, responsibility, remuneration, sickness and disability, restrictive
obligations and choice of law and jurisdiction. The employee under such contract is under the
obligation to perform his duty that is written in the contract (Collins, 2018). The contract of the
employment must also includes the terms and conditions related to the promotions, rewards and
terminations.
As per the contract of employment the employee must work for the actual working hours
and can take leave as paid leave. Albert can make the case on the organization in order to seek
the damages as he caused in the workplace.
b) Provision related to Work- life balance: This is the policy which used to set the
range of provisions that are designed to enable the staff to take time rather than working or can
grant the leave which includes the Parental leave, exceptional leave, medical leave and flexible
working hours if required (Hampson, Watt and Hicks, 2020). This policy used to describe that
the employee can take the leave without loss of annual leave. The rights and provisions used to
make the policy apply to equal full time or part- time employees. Such rights and obligations
used to be in the form of the contract of employment which makes the employees to know about
the type of leave they can take while working in the organization.
As in the given case study the organization were not paying to the employees while
raking leaves. This is the wrong doing done by the organization so Albert can case for seeking
the damages that he has occur while working.
c) Provision related to Discrimination: The employees are bound by the law in order to
ensure that the treatment of them should not be based on the certain characteristics which
includes age, disability, race, sex gender, partnerships, pregnancy and the religion and beliefs.
By having the discrimination among the colleagues can cause in result which makes the
employer liable for the persecution. If the employee is facing the discrimination at the workplace

they have grounds to claim. Alpha Law is the best that helps in fighting the cases related to
having the discrimination in the workplace. By having the Equality Act it helps in protecting the
discrimination or the unfair treatment on the basis of certain personal features such as age, sex,
gender, etc. In order to provide the proper facilities it is the responsibility of the employer in
order to ensure that they have the proper policies in the workplace and have equal opportunities
for all (Heilman and Caleo, 2018). If the employers are not providing the equal opportunities to
their employees they may get punished under the Discrimination law. The person can sue on the
organization if he is facing any type of discrimination in the workplace.
d) Unfair Dismissal: Unfair Dismissal is the most important reason for having the
employment tribunals. This is the situation when the employer used to terminate the employer's
contract without giving him the fair reason of doing so. The Employment Act 1996 describes that
the employers must entail to give the fair reason of the termination to the employees. The
employee in the organization can be terminated without giving them the fair reason of firing off
(Bhasin, 2021). It is basically depends on the situation of the individual, but the employee can be
dismissed if the employer is having the fair reason and the employee has nothing to justify in
order to dismiss them. As per the case law of Johnson (A.P.) v. Unisys Limited it can be
suggested to the Albert that they can claim for the damages.
As in the above case given the store manager has asked the Albert to leave the store
immediate without giving him any fair reason. So, Albert can claim on the manager in order to
have the unfair dismissal of him from the organization without giving them any prior and fair
reason. It is not fair to remove or fire off the employees without giving them the prior notice to
them.
QUESTION 2
A)
Kathy as a consumer of the following shoes have the following legal rights in the given
case,
The right to satisfaction of basic needs:
Kathy has the right to ask the shop keeper for a replacement of the product if she did not
feel satisfied with the product (Lombard, 2021). Customer could have replaced the shoes if they
believed while purchasing that it will not fit or not be able to satisfy the needs.
The right to safety :

Products for Kathy needs should not harm her and should not be hazardous to the health
or life of Kathy. Customer rights include that the product should not hurt the customers while
being used hence it would be essential for Kathy to find out whether it is hurting them during
trails.
The right to be informed :
As a consumer Kathy is entitled to all the facts and information regarding the product in
order to be protected against any kind of dishonest or misleading advertising. The business show
make sure that all the information about the product is indeed given to customers. In this case
study the shoes has been said to be a fashion item therefore it needs to have this detail that it is
not appropriate for activities like dancing.
The right to choose :
Consumers has the right to select from the range of products and services that are offered
to them by the business.
The right to be heard :
For the business listening to the consumers interest is essential for the development of the
products as per the government (Bakar, Yasin and Razali, 2018). For the manager of Sally's shoe
listening to the concerns of Kathy is important as she was unable to return the product on time
because of her absence in the city.
The right to redress :
Kathy has the right to exchange the products if there are unsatisfactory services in
between a given period. Product not being able to fulfil the purpose makes the business liable of
replacing, refunding or repairing the item.
The right to consumer education :
Consumers have the right to be informed about the all the consumer rights and
responsibilities and the ways of acting on them.
In this given scenario Kathy had the right to replace the shoes if show had not used them.
It would not have been applicable if there was a fault in the product when the customer bought.
For such a case it needed to be replaced ASAP. Then depending on the damage the repairs can
be done by the business (Tigelaar, 2019). As the shoe is not in the condition of repairing it can
only be replaced and that can only happen before the warranty period, This will only be done if
the customers has not been wearing them.

B)
For the shop manager there are factors that can effect the decision of refusing to provide
refund might fail in the terms of Law. This is because Kathy has the right to safety which gets
her the complete right to exchange the product. (Hadley v Baxendale [1854]) similar thing
happened in this case law were the Hadley won the case over Baxendale. Although she came to
replace it after 4 weeks she only wore it once. In the eyes of the law this product was not able to
satisfy the basic needs of the Kathy. This also gives her the right to basic needs as per which she
is entitled to a refund. Managers claim of abusing the product while dancing is not appropriate as
the products has been purchased for the purpose of wearing them at a party (Heneghan v
Manchester Dry Docks Limited [2016] EWCA Civ 86 ). Right to information was explaned in
the given case law. Hence, if this was just a fashion item and not for basic use this information
should have been give to Kathy. Therefore, it can be said that this is a breach of right to
information from Sally's shoes. Removing the heels from the shoes is an act of damaging the
product but the product had already malfunctioned prior to that. The damage had to be made in
the shoes in order to be able to reach the home safely. Hence, this is the fault of the company
which was not able to provide durability in their product. In this case law the refund was made
despite the 30 days rights of that the customers exeeded (Howmet Ltd v Economy Drives Ltd &
Ors [2016] EWCA Civ 847). The reason why Kathy was not able to return the product on time
was understandable due to her absence. The manager is right on the end of not believing the
customers for their late arrival.

REFERENCES
Books and Journals
Bakar, N. M. A., Yasin, N. M. and Razali, S. S., 2018. Consumer Rights Act 2015 (United
Kingdom): Is it a Good Model in Protecting Banking Consumers from Unfair Terms in
Islamic Banking Consumer Contracts in Malaysia?. Jurnal Undang-undang dan
Masyarakat. 22. p.21.
Bhasin, M., 2021. Contract Labour Employment: Old & New. Supremo Amicus. 24. p.840.
Collins, P., 2018. The inadequate protection of human rights in unfair dismissal law. Industrial
Law Journal. 47(4). pp.504-530.
Hampson, M. E., Watt, B. D. and Hicks, R. E., 2020. Impacts of stigma and discrimination in the
workplace on people living with psychosis. BMC psychiatry. 20(1). pp.1-11.
Heilman, M. E. and Caleo, S., 2018. Gender discrimination in the workplace.
Lombard, M., 2021. The Consumer Protection Act 68 of 2008 and Parol Evidence.
Potchefstroom Electronic Law Journal (PELJ). 24(1). pp.1-27.
Rolf, S., O'Reilly, J. and Meryon, M., 2022. Towards privatized social and employment
protections in the platform economy? Evidence from the UK courier sector. Research
Policy. 51(5). p.104492.
Tigelaar, L., 2019. How to Sanction a Breach of Information Duties of the Consumer Rights
Directive?. European Review of Private Law. 27(1).