Employment Law: Worker Types, Rules, Dismissal and Ethics Report

This report delves into the intricacies of employment law, examining the relationship between employers and employees and the legal framework governing their interactions. It begins by defining employment law and its significance in fostering strong employment relations, essential for achieving organizational goals. The report then explores various worker types, differentiating between hired and self-employed individuals, and further categorizing hired workers into casual and regular salaried employees. It outlines key rules of employment law, referencing important acts such as the National Minimum Wage Act, Employment Rights Act, Employment Relations Act, and the Equality Act, highlighting their roles in protecting employee rights and ensuring fair work environments. A significant portion of the report is dedicated to defining constructive dismissal, explaining its legal basis, and offering advice on seeking remedies in such cases. The report concludes by emphasizing the importance of ethical practices in the workplace, including building trust, preventing discrimination, and promoting honest communication. The case study provided is analyzed with respect to the legal and ethical considerations, guiding the reader through the complexities of employment law and offering practical insights for both employees and employers.

Employment Law

Table of Contents
INTRODUCTION ..........................................................................................................................1
MAIN BODY...................................................................................................................................1
(1) Employment Law and Types of Workers..............................................................................1
(2) Rules of Employment Law....................................................................................................2
(3) Define Constructive Dismissal and give advise in respect of this option.............................3
(4) Ethical Practices to be followed............................................................................................4
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Employment Law is imposed in order to minimise the legal disputes between employers
and employees. The law governs to build strong employment relations in order to achieve
organisational goals effectively and efficiently. It also states the legal rights and duties which are
required to be followed by the employers and employees during the course of employment.
Further law address the grievances of the employees and thus directs the employers to take
corrective measure to solve the problems (Bai, Koong and Wu, 2020). Thus, the report specifies
the common rules of employment law along with its ethical practices which are required to be
followed in the stated case study.
MAIN BODY
(1) Employment Law and Types of Workers
Employment states the relationship between employers and employees and the company
is required to build strong employment relations in order to meet its objectives effectively. The
agreement provides rules and responsibilities which are required to be followed by both the
employees and employers. Employment encourages to make efficient and maximum utilisation
of labor resources. Accordingly the employees are paid and further they can negotiate the terms
of employment agreement determined by the employer.
Types Of Workers
Before understanding the workers, we need to understand the meaning of work. Work is
something which required to be performed in order to generate income for living quality life. The
workers are those who carries out the work under a contractual agreement with an aim to
contribute its best to achieve the desired goals (Ko and Ryu, 2021). The types of workers are
defined below:-
1. Hired Worker: Such types of workers are employed under a contractual agreement
determined by the employers to work and receives salary or wage as compensation for
the worked performed. Further terms of agreement are agreed upon during the process of
recruitment. These are of two types casual and regular salaried worker which are further
defined:-
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▪ Casual Worker: Such workers are generally engaged for specific type of work or
on temporary basis. The employers do not provide them with social and safety
needs nor any benefits connected too. They are not considered as permanent
employees in the organisation. For example seasonal workers which usually get
engaged during the season of harvest, construction workers, hired for construction
purpose only.
▪ Regular Salaried Worker: These workers are hired on the permanent basis with
the regular salaries or wages as agreed upon for the work. For example Company
Secretary, Gym Trainer at gym etc.
2. Self Employed: The name speaks for itself, these workers are not employed by anyone
but they are ones who works and perform obligations for their own organisation. For
example Shopkeepers, Proprietors etc.
According to the case, Linda is a hired worker, recruited three months before as an
assistant accountant by the employers of the company. Further being a hired worker she is a
regular salaried worker and receives salary as a compensation for her work.
(2) Rules of Employment Law
Employees have certain legal rights in accordance with the employment law. There are
many acts embodied to maintain the employment law (Bernstein, 2019). In the absence of these
rules the work regulations would become unfair with no remedy to improve work environment.
Further these are required to maintain work environment with the possible legal rights and
remedies. Some of the important acts of employment law are as follows:-
 The wages of the employees and employers are set under the National Minimum
Wage Act,1998, which provides the wages without any discrimination and
according to the changing factors. The wages accompanied by its benefits are
offered without discriminating employees.
 One of the act is Employment Rights Act,1996, which provides the legal rights
exercised by the employees such as maternity leave, dismissal leave etc. The law
governs and states the legal rights of the employees and further states remedies in
respect of infringement of rights.
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 The employment relations are managed under the Employment Relations
Act,1999, which also establishes the rights for trade union. Further focuses on
keeping strong relations in order to achieve desired goals effectively.
 An act which is The Equality Act, 2010, is formulated in order to prevent the
employers to discriminate during hiring process and at workplace. The act
prevents to form the division of society.
(3) Define Constructive Dismissal and give advise in respect of this option
Constructive Dismissal is defined under the section of 95(1)c of the Employment Rights
Act, 1996 (Liddle, D., 2017). It refers to a situation in which an employee is forced to terminate
its contractual agreement because of the conduct of its employers. Such resignation is caused
because of:
 Main reason is the employer's conduct
 Bad working conditions
 Changes made in the terms and conditions of employment
Further the condition required to satisfy the constructive dismissal is that, the employee
need to give accurate reasons that there is a breach of contract from employer's side. In simple
words, employee need to prove that the reason behind his/her resignation is the employer's
conduct. Such contract is required to be infringed by the employer because he/she unable to
provide sufficient compensation for employees work, terms and conditions are altered such as
shifted an employee from day shift to night without approval etc. In such scenarios the
employees has option to seek legal remedy against the company and acquire damages. The
constructive dismissal must be the result of numerous infringes by the employer in the past. It is
important to note that, legal remedy can be gained if the employee effectively proves with the
substantial evidence that employer is liable for resignation (Bernstein, 2017).
According to the case study, Linda must opt this option and can seek remedy legally. The
legal defence in respect of fraud which can be claimed by Linda is Defence of Honest, as Linda
was not negligent in performing her duty and further when she was undergoing in her probation
period discovered the suspicion of fraud committed by her Chief Accountant, Charles to which
she informed her line supervisor Heather. Thus, she was acting lawfully in course of offence and
informed about the suspicion to her supervisor, also taken a prudent step which is required to
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take under the law. Further the actions taken by the Linda are reasonable and proportionate to
the situation.
(4) Ethical Practices to be followed
Ethical practices portrays values which are required to be followed in the organisation in
order to create discipline work environment (De Roeck and Farooq, 2018). These ethical
practices indirectly motivates the employees to contribute their towards the organisational goals.
Some of the ethical practices need to be adhered are as follows:-
 Building trust relations: Credibility is gained by creating trust worthy relations between
employers and employees. It helps to create strong relation and thus, led to achieve the
desired goals effectively.
 Provide environment free from discrimination: One of the major ethical practice which is
required to followed is creating work environment without discrimination of employees
at workplace. Thus, employees need to be treated equally and to be kept away from
offensive and harassing behaviour of employers.
 Honest Communication: Employers need to provide an effective and honest channel of
communication between employees as to create a decent work environment. Issues and
other queries raised by the employees are required to be solved by the employers in an
effective manner. Further, employers are required to maintain professional relationship
with its employees.
In this case the employer failed to follow the ethical practices which he is required to
adhere. Firstly Heather, line supervisor, acted in an unprofessional manner and did not
maintained a professional relationship with her employee Linda as both Heather and Charles
despite having spouses started to make unusual relationship by inviting her to their social place.
Also Charles offered her precious gifts and gives her unusual presence outside Linda's house.
Secondly, when she raised her suspicion in respect to fraud Heather failed to take action against
chief accountant Charles, despite he was seen enjoying and socialising with him in the bar. Such
behaviour of Charles and Heather seems unethical towards the conduct of business.
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CONCLUSION
From the above report it is concluded that employment relations are required to be
maintain in order to achieve organisational goals effectively and efficiently. Such relations are
maintained effectively with the help of some important acts and rules stated in the employment
law. These common rules in relation to employment law need to be followed effectively to
achieve better performances. Following the rules the employers are required to adhere ethical
practices in respect of employees as well towards the organisation. Further the case study
determined the constructive dismissal along with the remedy to claim damages and required
defence in respect of fraud to be opt by the employee. Thus, ethical practices defines the values
which need to be followed by the organisation to meet its objectives.
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REFERENCES
Books and Journals
Bai, S., Koong, K.S. and Wu, F., 2020. Trends and dynamic relations between crude oil prices
and energy employment: a panel analysis approach. International Journal of Oil, Gas
and Coal Technology. 25(2). pp.218-235.
Bernstein, A., 2017. A zero tolerance approach to bullying in the workplace. Nursing And
Residential Care. 19(12). pp.706-708.
Bernstein, A., 2019. Employment contracts: getting them right. Nursing And Residential
Care. 21(8). pp. 470-473.
De Roeck, K. and Farooq, O., 2018. Corporate social responsibility and ethical leadership:
Investigating their interactive effect on employees’ socially responsible
behaviors. Journal of Business Ethics. 151(4). pp.923-939.
Ko, K.Y. and Ryu, D.H., 2021. Exploratory factor analysis of family relations by age according
to the employment pattern of couples-Focused on the women’s family panel
survey. The Korean Data & Information Science Society, 32(1), pp.169-197.
Liddle, D., 2017. Managing conflict: A practical guide to resolution in the workplace. Kogan
Page Publishers.
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