Employment Law: Analysis of Dylan and Ria Cases - London Office HR

This report analyzes two employment law cases presented to the EMEA Head of HR for a Japanese investment bank's London office. The first case, 'Case A,' concerns Dylan, an employee with a history of absenteeism and a recent sick leave for back pain, potentially related to his job as a junior trader. The report examines the legal implications of his absences, including potential misuse of sick leave and violation of employment terms, suggesting actions HR can take, such as issuing warnings and potentially initiating termination based on fraud. The second case, 'Case B,' involves Ria, who is facing workplace harassment from a senior colleague, Max, through inappropriate comments and unwanted advances. The report addresses the legal consequences of Max's behavior, including violation of employee dignity and the creation of a hostile work environment, citing relevant laws such as the Equality Act 2010. It proposes actions HR can take, like investigating the claims, providing support to Ria, and potentially disciplinary action against Max to ensure a safe and respectful work environment.

EMPLOYMENT LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
CASE A...........................................................................................................................................3
Issue:...........................................................................................................................................3
Rules:..........................................................................................................................................4
Application:.................................................................................................................................5
Conclusion:.................................................................................................................................6
CASE B............................................................................................................................................7
Issue:...........................................................................................................................................7
Rules:..........................................................................................................................................8
Application:...............................................................................................................................10
Conclusion:...............................................................................................................................11
CONCLUSION..............................................................................................................................12

INTRODUCTION
Employment law refer to such laws which is mainly imposed in respect of building
the strong relationship between the employer and employee. This law is designed in
respect of securing the right of employees and also punish the person who committed
any breach in violating the terms of contract mentioned under the employment contract.
Under the employment and labour law, 2019 it mainly covers justice to various issues
such as leaves allotted to employees or rights of employees in case of maternity and
paternity leave or facing any issues related to discrimination at work place1. Present
report is based upon the two case studies in which the decision is given to both the
parties regarding facing issues under the company and also facing violation of their
rights.
CASE A
Issue:
In this case the issues is identified regarding taking inappropriate leaves in case
of not having any serious major issues. The case is between the Dylan V Rose, as
Dylan is an employee of the bank for the period of five years and after having so many
health issues, he is absent for the several months. Rose, who is the line manager of the
bank shared various remedies regarding improving the health condition and also refers
to take an appointment to an occupational therapist regarding consulting for the serious
health issues. As the issues also raised regarding undertaking the work which is only
committed by the Dylan in relation to managing the banks trading. Rose is also the
friend of the Dylan on Facebook and after few days of taking leave from work, Dylan
posted the photos on Facebook regarding his Dubai trip with family and doing Bungee
jumping. Under the employment act, no person can be terminated or removed from the
job until he violates the terms and condition mentioned under the contract. In such
manner, solution is to be given to the Rose regarding taking strict action against Dylan
in respect of violating the bank agreement regarding taking leaves on unfair bases.
1 Employment law: an adviser's handbook. 2020. Online. Available through:
<https://www.lag.org.uk/shop/book-title/203623/employment-law—an-adviser-s-handbook>.

Rules:
Employment act:
Under the working time regulation, 1998, in this the laws are mainly regulated to
control the activities of the employees in the business. Employer is liable to work on an
average of 48 hours a week if they are over the age of 18 years. But in case of children,
who are under the age of 18, they are not liable to work for more than 8 hours a day. As
per the employment act in UK, the employees can take the sick leave for the period of
6.9 days per year2. Under the working time directive (WTD), no employees is liable to
take leave from office for the period of the four weeks. But if there is some specific
condition mentioned under the contract which is made between the employer and
employee at work place, then it is not applied on such cases. In respect of specific
terms regarding sick leave is mentioned under the contract and still the employee is
taking continuous leaves, in such case employer carry the liability to take strict actions.
Termination of employee:
Under the employment Right act, 1996 the person can be dismissed after giving
reasonable notice of their dismissal or giving the opportunity to present the reason
regarding their illegal activity committed at work place3. Section 86 stated that every
person once dismissed had to work for one month after receiving the removal letter from
the employer on ground of committing any illegal act. It is explained with the case stated
as the Creen V Wright (1875-76) LR 1 CPD 591, this case reflects the issues regarding
dismissal of the person on grounds of Wrongful act or carrying any unfair terms which
reflects the smooth working of the business. As Mr. Creen who is the master mariner
work under the command of the Mr. Wright and also enter into the written agreement4.
After working as per the set norms given by the Mr. Wright regarding attaining the work,
2 Employment Law in Context: Text and Materials. 2020. Online. Available
through:
<https://www.amazon.com/Employment-Law-Context-Text-Materials/dp/0199644888>.
3 Rose, E. and Busby, N., 2017. Power relations in employment disputes. Journal of Law
and Society. 44(4). pp.674-701.
4 Creen v Wright. 2020. [Online]. Available through:
<https://www.encyclo.co.uk/meaning-of-Creen_v_Wright>.

Mr, Creen received the notice from the Mr. Wright regarding dismissal from the job. As
Creen filled the suit in the court regarding unfair dismissal or also not given proper
notice regarding removing from the jobs. In such manner, the judgement is given in
favour of the Creen regarding giving reasonable opportunity of hearing to present their
views and also appropriate notice is to be issued regarding the matter of termination
from the job.
Case study:
This is supported with the case of Sood enterprises V Healy, As Mr Healy is on
leave for the period of June 2010 to July 2011. As the issues in this case is examined
regarding taking leave for the whole year after giving resignation but Mr Healy claim for
the compensation of the amount as he thinks that the leaves for the whole year are
carried forwards in the next year5. But as per the judgement raised by the Employment
appeal tribunal, they provide judgement in the favour of the Sood company as no such
polices is mentioned in the contract regarding carrying forward of the leaves. The
judges also supported their decisions in favour of norms granted under the National
working time Regulation, 1988.
Application:
By applying this case study, in the relevant case which stated that no employee
is granted for any extra leaves if they are mentioned in the contract and also the
company is liable to take strict action, if they feel that the employee is infringing the
terms of employment contract. In this case, the issues is also raised regarding
misleading the trust in respect of taking extra leaves by giving the reason of not feeling
well6. Under the employment act, the rights are given to the employer to take strict
action in respect of any breach committed by employee by giving unfair reason of taking
the leaves. The duty of HR to take strict actions as they are responsible to hire the
5 EAT ruling on carry over of holiday pay gives employers greater certainty. 2017.
[Online]. Available through:
<https://www.hrlaw.co.uk/site/infobank/infobankarticle/eat_ruling_on_carry_over_of_holi
day_pay_gives_employers_greater>.
6 Williams, S. and Scott, P. eds., 2016. Employment relations under coalition government:
The UK experience. 2010-2015. Routledge.

employees and make them familiar regarding the company policies. After verifying with
all the policies of the company in respect of working criteria, shift timing, salary details,
leave details or termination or removal from post in case of any issues is arisen.
Usually every company had different perspective of taking the norms regarding
dismissal of person on grounds of violation of company rules. Similarly, this happens, in
this case as HR carry the right to terminate the Dylan from his duty as Dylan in not
performing his duty as per the set norms mentioned in the contractual agreement7. It
also results in fraud committed regarding misusing the company policies for their
personal benefits. HR can provide adequate notice to Dylan regarding providing him
warning in context of taking strict action as not such liberty is given to the employees in
respect of taking excessive leaves.
The option are to be given to the Dylan regarding giving resignation letter to the
Rose in respect of not accomplishing the task on which perspective he is appointed. As
banks is facing losses, as they are not finding the right person to handle the work or in
absence of Dylan, there is no person who is covering such work in better way8. Thus,
HR can imposed the liability upon Dylan regarding providing training to the person
which can attaining the work on his behalf and also banks can overcome from such
losses for such particular time period. In such manner, HR can also let Dylan go after he
completed the notice period which every employee had to serve, if they are an
employee of the respective company9.
Conclusion:
From the above discussion, it is stated that employment policies pay the active
role in the company regarding managing the interest of employees and also motivated
other team member to work in the set directions. In this case the issues is raised
regrading taking false leaves which results in affecting the working of the company and
7 Haines, A., 2018. UK considers closer links between employment and tax
rules. International Tax Review.
8 Freedland, M. and Dhorajiwala, H., 2019. UK response to new trade Union strategies for
new forms of employment. European Labour Law Journal. 10(3). pp.281-290.
9 Morrison, K., 2019. HR Theory and Employment Law. Mellor, R.(Ed.) Management for
Scientists, Emerald Publishing Limited. pp.129-145.

also it distracts other employee interest to take such steps which is taken by Dylan in
bank. As employment law is mainly imposed to maintain the close relationship between
the employer and employee and also take initiate steps to secure the right of the
employee at work place.
In this case, the breach is committed by Dylan regarding misusing their right in
respect of taking extra leaves by giving the reason of heath issues such as Colds, Flus
and headaches etc. usually company provide some liberty to their employees if they are
facing serious health issues but in case of employee taking wrongful use of leaves, than
company carry the liability to dismiss such employees on grounds of fraud committed.
As the condition of the Dylan is still manageable by doing proper exercise but due to not
taking any seriousness in jobs, HR carry the right to dismissed Dylan from his position
after giving reasonable notice of his dismissal.
The points which is recommended to the HR regarding allotting the sick leaves to
employees is based on carrying the strong evidences which is to be proved by the
employees if they are taking the sick leave. As the policy is to be imposed regarding
carrying the proper prescription of the issue caused and also had to carry the medial
certificate from the doctor which they are recruiting. Through this manner, company can
stop such employees from taking any fraud leaves in misusing the policies of the
business.
CASE B
Issue:
In case of Ria, the issue is examined regarding misbehaviour of the senior
colleague, Max at work place. As misbehaviour is done regarding continuous texting on
her phones even after the office hours or making sexually suggestive comments on her
figures which feels disruptive and guilty in front of everyone. After explaining Max for so
many times regarding not doing such activity, he said that Ria could not take these
things as joke but flattered that everyone is appraising her about her figure and look.
After complaining about the allegation which is made by Max, max avoided Ria to keep
away from all the social gathering and also tell their colleagues to stay away from Ria.

This resulting in feeling negligences at work place and also bring trouble to Ria to
further continue to work at that place.
Rules:
Misbehaviour an illegal activity:
Under the Employment and labour law, 2019, the harassment is one of the
criminal activity which carries the purpose of violating the employee dignity and also
resulting in affecting the working environment10. If any person deal in any such activity
regarding unlawfully victimizing the other employees, then they are culprit in the eyes of
the laws and also punishable under the Equality act, 201011. The consequences of
misbehaviour arise regarding facing depression or anxiety in attaining any task or
meeting any new persons, feeling negligent to avoid the person in front of anyone.
Action taken under the grievances:
In respect of receiving any grievances regarding facing misconduct at work
place, it is the duty of the occupier under the Occupier Liability act, 1957 as owner carry
the duty regarding protecting their employees at work place12. If they find any nuisance
activity which affect the working of the business, they carry the liability to take strict
actions against the person who are violating the terms of the companies. If owner
receive any grievances from the person, they carry certain rights such as:
 Not to disclose the name of the person who file complaint against the person who
committed such illegal activity13.
10 Cruz, K., Hardy, K. and Sanders, T., 2017. False Self‐Employment, Autonomy and
Regulating for Decent Work: Improving Working Conditions in the UK Stripping
Industry. British Journal of Industrial Relations. 55(2). pp.274-294.
11 Honeyball and Bowers' Textbook on Employment Law 12th Edition. 2020. Online.
Available through: <https://www.amazon.com/Honeyball-Bowers-Textbook-Employment-
Law/dp/019963985X>.
12 Teague, P. and Donaghey, J., 2018. Brexit: EU social policy and the UK employment
model. Industrial Relations Journal. 49(5-6). pp.512-533.
13 Employment Law in Context,: An introduction for HR professionals Paperback.
2020. Online. Available through: <https://www.amazon.in/Employment-Law-Context-
introduction-professionals/dp/1405874007>.

 Open discussion is to be undertaken in which the defendant given the chance to
present the reason behind engaging any offensive work.
 The hearing which is undertaken is confidential and privacy14.
Remedies of such grievances:
The remedies which is available to the employees against the harassment or
bullying activity which affecting their rights of working in right direction resulting in giving
liberty to file they suit against such person in case of infringing fundamental right. As
every employee had right to freedom or move feely at any place15. No person is liable to
bound any employees to attain any task which the employees carry the right to do that.
Under the terms of general harassment, there is no legal remedy which is available to
person but if it creates any mental or health issues than, it is punishable under the
criminal act16. If any person is affected with any of the person activities, then they carry
the right to get compensation for the losses incurred regarding facing damages to their
feeling17.
The case study relevant to this case is stated under the Munchkins Restaurant
Ltd and Anor V karmazyn [2010] UKEAT/0359/09, in this case the allegation is raised by
Karmazyn and other three claimants regarding facing abusive comments from Mr Moss.
Mr Moss, who is the owner of the Munchkins restaurant order the waitress to wear the
short skirts and also talk with them about the sexual matters. Mr Moss is hurt when he
feels that their waitress file the suit against them in respect of making various allegation
which they faced at work place18. The judgement is made in favour of claimant as they
agree that this is the case of sexual harassment case and it is the duty of Mr. Moss to
14 Grimshaw, D. and et.al., 2017. The governance of employment protection in the UK:
how the state and employers are undermining decent standards. Myths of employment
deregulation: how it neither creates jobs nor reduces labour market segmentation. p.225.
15 Koukiadaki, A. and Katsaroumpas, I., 2017. Temporary contracts, precarious
employment, employees’ fundamental rights and EU employment law.
16 Johnson, Scholes, Whittington, Angwin and Regner, Exploring strategy (Text and cases)
(2017), 11th Edition, Pearson
17 Ndzi, E., 2017. UK company law and precarious employment contracts. International
Journal of Law and Management.

give rewards to the claimant in term of £15,000 for the injury which they suffered though
affecting their feeling and £1000 for the aggravated damages which is occurred during
working under the Munchkins restaurant.
Application:
By referring this case to the stipulated case, it is stated that Max had committed
the illegal activity which resulting in affecting the interest of the employees at work
place. The claim for sexual harassment is higher if it affects the rights of the person and
also results in affecting the reputation of the company. As employees firstly prefer to
work in such places where they feel secured and also the working environment is less
offensive19. In this case, the Ria raised the grievances regarding facing harassment at
work places which results in affecting their rights and also restrict them to work freely.
Thus, under the Equality act, it is the duty of the owner to treat every person
equally and also carry the right to take care of the employees regarding securing their
interest and reputation at work place20. The owner also had taken care of the employees
regarding taking strict action when they feel that the senior owners are not taking care
of the junior or also using abusive languages at work place. In such aspects the
remedies which is available to Ria regarding securing the interest under the work place
is to get compensation for the losses injured in respect of feeling21. As she faced various
abusive comments from Max and also feel negligent in respect of avoiding her or not
involving in any of the social gathering. This results in causing wider impact on her
mental and health issues from which she adapts appropriate action to overcome from
such challenges.
18 Munchkins Restaurant Ltd and anor v Karmazyn [2010] UKEAT/0359/09. 2020.
[Online]. Available through:
<https://app.croneri.co.uk/law-and-guidance/case-reports/munchkins-restaurant-ltd-and-
anor-v-karmazyn-2010-ukeat035909>.
19 Horton, R., 2018. Employment/Labour Law. Great Debates on Gender and Law.
20 Johnson, Scholes, Whittington, Angwin and Regner, Exploring strategy (Text and cases)
(2014), 10th edition, Pearson
21 Dupont, P. L. and et.al., 2018. Promoting access to injustice? Alternative dispute
resolution and employment relations in the UK.

In such manner, HR takes strict action against Max, as this is against the policies
of the company and also affecting the working environment and reputation of the
business. HR carries the power to terminate Max as dealing in abusing activities
resulting in affecting the goodwill of the company and also it affects other employees
interest to feel less secured at work places22. HR also imposed certain monetary
amount upon the Max in relation to paying money to Ria regarding affecting their
feeling. Through this manner, they are providing accurate justice to the employees and
also reflects the fair judgement made under this case.
Conclusion:
The above discussion reflects the matters and role of HR in business. As HR
duty is to maintain the simple working environment with less offensive activities between
the employees at work place. In this case Max committing the illegal work which affects
the right of the Ria during attaining the task or mixing up with their fellow workers. Under
the Equality act, every person are equal for the company and thus in case of
infringement of any right of the employees, than it is the duty of the owner to take strict
action against such person. In this case, to reduce the misbehaviour activities at work
place, HR had to personally interact with the employees regarding sharing their views
during attaining the work and also what they feel about their fellow workers.
In most cases, employees not freely communicate with HR and share their views
which happens at work place, thus, in such manner to organize the outing session,
helps them in building strong connectivity with them. They also impose penalties upon
the employees, if the issue of general harassment is examined. But in case of serious
Bullying, they take strict action against the person who deal in such illegal crime which
affecting the interest of the employees to work freely at premises. As Ria had choosing
the right path in respect of taking serious action against the Max, as if she not takes this
step it results in facing continuous harassment and also motivating the criminals to
attain such activity.
22 Barnard, C. and Ludlow, A., 2016. Enforcement of employment rights by EU-8 migrant
workers in employment tribunals. Industrial Law Journal. 45(1). pp.1-28.

CONCLUSION
From the above study, the report concludes the matter relating to effective
working under the employment and labour law. It is imposed in protecting the interest of
the employees regarding working securely and also given liberty to share any matter
with their superiors if they are facing any serious issue at work place. In first case the
matter is discussed in respect of dismissal of employees on unfair terms. As Dylan is
taking wrong advantages of the company policies which results in affecting the work
and also committed fraud with the sick leaves, in respect of using it for personal
benefits. Second case is relating to the Rai which is facing continues harassment from
his senior colleague, Max. After approaching to HR once the grievances had been
made, Max is liable to be publishable under various rules which are imposed in respect
of providing monetary to Ria in respect of facing injuries to their feeling.