LAW012-2: Employment Law - Recruitment, Dismissal, and Case Analysis

This report analyzes key aspects of employment law, focusing on both individual and collective perspectives. It begins with an introduction to the foundational principles of employment law, its historical development, and the relevant legislation in the UK. The main body of the report examines a case scenario involving Aalia Fatehi, who faced religious discrimination and unfair dismissal. It applies legal rules to complex factual employment law problems related to recruitment, dismissal, and workplace discrimination, providing a detailed briefing note supported by legislation and case law. The report also addresses the issues of religious attire policies in the workplace and the legal implications of the employer's actions. Furthermore, it explores the historical context of employment law, including the evolution of relevant acts and the role of trade unions. The report concludes with a summary of the key findings and references to support the analysis.

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Employment law

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INTRODUCTION...........................................................................................................................5
MAIN BODY..................................................................................................................................5
TASK 1............................................................................................................................................5
Demonstrate the following knowledge and understanding.............................................................6
A breadth of knowledge of the history regulation and institutions of employment law both
from an individual and collective perspective.............................................................................6
Apply legal rules to complex factual employment law problems relating to both the
recruitment and dismissal of employees......................................................................................8
TASK2...........................................................................................................................................11
Law Applicable..........................................................................................................................11
Brief note...................................................................................................................................12
CONCLUSION..............................................................................................................................12
REFRENCE...................................................................................................................................13

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INTRODUCTION
Employment laws are those laws that is been used in order to protect rights and duties of
employees working within an organization. Such law is covered within labour laws as they deal
over aspects related to labour. Further these laws helps in maintaining of relationship between
workers, employing entities, trade unions and the government. Collective labour law relates to
the tripartite relationship between employee, employer and union. Individual labour law
concerns employees' rights at work also through the contract for work. These laws provide
framework for both individual employees and group of employee’s protection. Such laws mainly
relates with employer and employee. Scope of law is wider in nature since they impacts rights
and duties of employees. Nature is dynamic due to covering various factors related to
employment and contracts related to it.
MAIN BODY
TASK 1
Case scenario: In this case it can be observed that Aalia loved her job and worked
passionately with enthusiasm on it. As the time passed things began to change within a year and
made her loss her financial stability due to terminal illness. Seeing her condition Red Box
organization was supportive towards Aalia in these difficult times. They gave her paid leaves and
provided long phase to return to work. Also she suffered from depression and was able to cope
up with the challenge after turning to Islamic religion Aalia began her practising and some
months later began to wear headscarf. Aalia’s reporting manager Jonathon Ekuban which did not
take this in supportive manner and made comments on her regarding her faith. In order to avoid
confrontation initially she stayed silent and told some of her fellow colleagues over Jonathon’s
behaviour. It was advice by colleague to report this to owner Gillian Jones of Red Box as she
was about to do it Jonathan called Aalia in for a meeting and told her to remove her headscarf if
she wanted to continue working for the business. Apparently one of the customers had
complained when visiting the premises and was not keen on the ‘type of staff’ employed by Red
Box. Later the argument becomes heated up and Jonathan has referred Alia as ‘terrorist’ and
tried pulling her headscarf down from her head.
The conversation became heated and Jonathan referred to Aaliaas a ‘terrorist’ and attempted
to pull the headscarf from her head. Aalia stormed out of the office after telling Jonathan to
‘shove his job’. This was around 4 months ago. Aalia has since been sent her P45 in the post.

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Aalia has spiralled into depression and has been unable to leave her house since that time. Reni
would like you to know that she has looked at Red Box’s website and they appear to have a
uniform policy, available online, which prevents staff from wearing any religious attire within
the workplace.Reni would like you to provide a detailed briefing note for her, supported by
reference to legislation and case law, as to what the key issues are for her client, Aalia, and the
best way to proceed forward with the matter Reni would also like your assistance with another
task. She is presenting next month at a conference titled‘Equal Pay within the workforce–
wearenot quite there yet...’
Demonstrate the following knowledge and understanding
A breadth of knowledge of the history regulation and institutions of employment law
both from an individual and collective perspective.
1Employment laws has been there since very long time and has been helping in solving
problems that has been fighting over right of employees within work place. These laws are also
known as labor laws since it deals upon employees and employer relationship by making then
stronger. Such laws deal upon making employees working environment to be improved. This la
has been developed during the time of Industrial Revolution. Such laws have been making
manufacturing and productivity of work within employees to be increased. These laws has been
providing framework which has held in making an employees work with productivity. In Unite
kingdom these laws has been existing from very long time with the common law principles and
has made changes take place within working environment of an organization. These laws have
their existence since 15 the century but in the middle of 18th and 19th century it has got its
position within society. Since 18th century Master and Servant Act 1867 and Employer and
Workman Act 1875 were formed. These acts has paved way for employment laws since they
were acts providing concrete framework in order to make employment law more effective. Then
in 19th century these laws gained more important and it was in 1901 that Master and Servant Act
1867 and the Employer and Workman Act 1875 were amended again which brought more
discipline within the functioning of safety of employees. Also these acts resulted in making more
and more effectiveness attained in relation to trade unions and acts like Trade Disputes Act 1906,
Trade Boards Act 1909 and Employment Rights Act 1996 were formed which made more
relevancies in relation to rights of employees achieved. This made trade union important part of
1 Guth J, 'Simon Deakin And Gillian S. Morris, Labour Law Astra Emir, Selwyn's Law Of
Employment Richard Painter And Ann Holmes, Cases & Materials On Employment Law Simon
Honeyball, Honeyball & Bowers' Textbook On Employment Law Malcolm Sargeant And David
Lewis, Employment Law Brian Willey, Employment Law In Context' (2020) 47 The Law
Teacher

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factories which resulted in solving of labor related issues in more effective manner. This made
factors with objectives of reduction of exploitation achieved in more effective manner. Further
the laws have covered about unfair dismissal, violating of rights which makes pertaining with
redundancy upon various things achieved. In the year 1963 and 1971 British Government made
three major legislative frameworks that sought to protect employee’s rights with the principle of
fairness as its foundation.2 Firstly in 1963, the Contract of Employment Act was passed with the
help of decision within the case. Also an obligation was introduced by the act in relation over
employer and employees. This was regarding giving of minimum period of time before
employments termination. Then it has been followed by Redundancy Payment Act (1965). After
this an concrete system was introduced which made termination of employees reduced and job
security created which improved employees performance in more effective manner. This made
dismissal of employee to be regulated within as per employment law. These laws made job
security to be created for employees and made employees productivity with consistency
improved. This provides employees protection in relation over various kinds of atrocities taking
place towards employees. Employment law has resulted in making proper framework which has
held in making protection of employee possible over solid framework which makes employees
feel more protected. This made positive impact regarding employee’s rights to be created with
their protection. Relevant case laws regarding these laws is Johnson v Unisys Ltd this lead
towards formation of Employment Act 2002. In this various aspects which has been based upon
protection of employment is been covered. In this claim was made over unfair dismissal of
employee. The case has made landmark decision to be formed which made act to attain more
relevancies.
Employment laws in UK have made safety and health of employees improved with these
laws. The act formed regarding employment safety and health is Health and Safety at Work etc.
Act 1974 the act has been formed in order to make general duties of employer, employees
contractors, suppliers of goods and substances for use at work, persons in control of work
premises, and those who manage and maintain them, and persons in general. Further the act has
been enabling various kinds of elements in order to use work person and maintaining health and
safety of employees. Further the act has been focused upon making strong framework through
managing health and safety issues of employees faced by them within an organization. The act
has been enabling regime through regulating government ministers over statuary instruments
since 1974. In the act there has been establishment of system related to monitoring of health and
safety standards rules that is been handled by Health and Safety Commission. It has been given
various kinds of power which are exclusive in nature. Also it stops the criminal activities which
have been enforced in relation to employee’s safety. Then section 2 of the act says that it shall be
duty of every employer over making sure that health and safety of employee is been emphasized
2 SHRUBSALL V, 'INDIVIDUAL EMPLOYMENT LAW: Continuity Of Employment And
Redundancy Rebates' (2016) 8 Industrial Law Journal

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more while working within an organization. Certain important things marked in relation to the
section are as follows:
 Provision and maintenances been developed by organizations which made health related
risks to be deducted in relation to employees3.
 Arrangement were been done through provisions of health and safety that made standards
achieved in more effective manner. This make transformation of health laws in relation to
employment possible.
 Various kinds of acts have been enhanced in relation to developing basic health facilities
within an organization. Thus policy made improvement of employee’s health possible in
more effective manner.
 The according to its various actions it is responsibility of employer to improve medical
practices within an organization. It can be achieved by checking employee’s health status
on monthly basis. It made promotion of health and safety possible.
 Provision and maintenance of a working environment is been improved by making health
and safety to be promoted within an organization in positive manner with welfare of
working.
Section 3 of the act has defined that all employer and self employed person requires to
make sure that health and safety practices is been followed within an organization in appropriate
manner. This has to be applied to those employees who are temporary or permanent at work.
The Employment Act 2008 the act has been formed in order to provide wide range of
power and rights to employees which has helped them in making exploitation reduced. Also the
act has allowed employees to cover those aspects which makes dispute solved in more effective
manner. New amendments according to the act have made employment standards improved in
relation to factors which impacts their working. Further the act covers about penalties and
punishment which has made people violating the rules to punish.
National Minimum Wages act 1998 the act has been formed in order to make sure that
the employees working within an organization gets wages as per their work. Section 8-12 of the
ct explains about wages and distribution done as per the contract of employment. This has made
administrative bodies formed over dealing with those issues related to wages. The act has leads
over forming of three forms of basic criteria over wages in relation over work done by
employees. Also the act has made faire trading possible through making trade union important
3 Rodgers L, 'Public Employment And Access To Justice In Employment Law' (2021) 43
Industrial Law Journal

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part in dealing over issues related to wages of labor. The act made concrete structure to be
created over wages that has to be given over employees according to criteria of work given them.
The act has lead over enforcing of tribunals dealing upon wages related issues.
Apply legal rules to complex factual employment law problems relating to both the
recruitment and dismissal of employees
In order to hire an employee or to make recruitment possible employer has to face
various challenges which are as follows:
 Attracting and Engaging Qualified Candidates: This is one of the biggest problem
that is been faced by employer. 4In these qualified candidates is required to be selected
for this which makes quality of employment improved. Attracting candidate can be done
by providing new joiners facility of learning more and gaining experience.
 Reaching Passive Candidates: It is also another challenge faced by an organization
which is based upon unemployment level of a country like UK. This can be removed by
providing job opportunities to young persons.
 Retaining Top Employees: This is another important thing which is based over making
retaining of old and best employees possible. Also it increases consistency of new
jonnies by providing them more knowledge and proper guidance.
 Building a Strong Brand: With a wealth of information available at our fingertips,
candidates now have the power to look into a company’s history before they even send
their application
 Ensuring a Good Candidate Experience: With such a low level of unemployment, it’s
no wonder candidate experience can have a big impact on the effectiveness of your
recruitment
Dismissal of employees can be take place due to following reasons which are as follows:
Conduct/Misconduct
4 Grebenyuk V, 'EMPLOYMENT LAW CONTRACT AS A SPECIAL TYPE OF
EMPLOYMENT CONTRACT' (2019) 1 Law and public administration

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 Small issues related to time and speaking in non formal manner which made dismissal of
employees possible.
 Also behavior and discipline is also major factors which can lead over making employees
getting dismissed in more effective manner. In this performance of employee also
impacts there sustainability within the course of employment
 In this no requirement of warning directly warrant can be issued for dismissal of
employee.
Capability/Performance
 Capability of employees to perform is one of the major factors which makes its
sustainability exists during employment. If its does not show proper potential then
employee can be dismissed5.
 The employee suffering any kind of natural disability makes less consistency in work to
be shown can be ground for dismissal.
 Also if employee fails to give quality work can be biggest reason for dismissal.
Statutory illegality or breach of a statutory restriction
 This is based over that category which makes continuing of employment without law
breaking. Further under it employee’s right and employee’s dignity should be protected.
In this employee’s right to religious should be understood.
 Remember that statutory illegality does not give you the right to bypass any formal
dismissal procedure. You still need to follow a formal procedure to dismiss.
From the above case scenario it can be observed that violation or performing of
misconduct at any point of time leads upon making their dismissal to be done. The above case
scenarios is based upon employee right. Since in the case right to follow religious beliefs has
been violated and it is not only employees right but fundamental right given to an individual.
5 Anderman S, 'The Interpretation Of Protective Employment Statutes And Contracts Of
Employment' (2017) 29 Industrial Law Journal

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TASK2
Law Applicable
In the above mentioned case scenario major law that has been brought into limelight is
right of Equality. 6This has been covered within the Equality act 2010 UK and has been formed
in order to make discrimination not done on the basis of cast, religion, gender or age within
workplace or society. The laws have resulted in making of anti discrimination laws which
creates equality within the workplace. The regulation has been formed in order to make sure that
rules and regulation is been followed in proper manner. Act is applicable over England, Scotland
and Wales and some sections also apply to Northern Ireland. The acts has been formed after
considering various kinds of previous acts which are the Equal Pay Act 1970, the Sex
Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995
and three major statutory instruments protecting discrimination in employment on grounds of
religion or belief, sexual orientation and age. It has been following EU directives based upon
equal treatment. Further the act is based over goals which help in removing discrimination of any
kind existing in workplace or society. Also the act is useful for protecting employees from
various kinds of issues which is based upon any kid of harassment done on the basis of religion
or belief, disability, age, sex, sexual orientation and gender reassignment.
So, it can seen from the above case scenario that Aalia has been deprived form right to
religion which has caused discrimination. This can be understood in an way that discrimination
within the case is done on the basis of religious discrimination that is violation of the act of
Equality 2010. This is done by Jonathan who is reputation manger of Big Fox. In this religious
discrimination is been done over Aalia. The case is related over discrimination law which is been
covered within the equality act 2010. Such discrimination is that kind of discrimination which is
based upon that condition related upon making employer create discrimination in trem of
religion followed by an employee. Further the act has been proven to be more effective in order
to deal upon various kinds of activities related to discrimination laws.
6 'Workmen's Compensation. Scope Of Employment. "Out Of" The Employment' (2016) 32 The
Yale Law Journal

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Brief note
7In the above case the major point of discussion is employee’s right and discrimination
policies. These are one of the most common problems which have been existing within the
working places. Also an organization is bound to follow it under any circumstances which makes
tribunals formed in order to deal over issues which has made anti discrimination policies work
well. So, advice that is to be given to Alia is that she should launch an complain to employees
tribunal and must present all kinds of evidences regarding it this makes employer face serious
charges over the discrimination done by them. Alos in these case charges of defamation can be
put over the employer since he tried to defame Aalia by saying terrorists to her.
CONCLUSION
From the above discussion it can be concluded that employment laws are those kinds of
laws which has been used in order to protect employees working within an organization. These
laws makes relationship of employer and employee created in more effective manner. The file
cover about employment laws and various aspects related to it. further the file covers about
wages and right of employees. The equality act has been covered in order to deal with anti
discrimination at work place . This has been explained in relation to the case law since it covers
about religious discrimination. In the end brief advice note has been prepared.
7 Guth J, 'Jordans Employment Law Precedents20102edward Benson. Jordans Employment Law
Precedents. Bristol: Jordan Publishing 2009. £135.00 Hardback' (2020) 52 International Journal
of Law and Management

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REFRENCE
Books and journals
Guth J, 'Simon Deakin And Gillian S. Morris, Labour Law Astra Emir, Selwyn's Law Of
Employment Richard Painter And Ann Holmes, Cases & Materials On Employment Law Simon
Honeyball, Honeyball & Bowers' Textbook On Employment Law Malcolm Sargeant And David
Lewis, Employment Law Brian Willey, Employment Law In Context' (2020) 47 The Law
Teacher
SHRUBSALL V, 'INDIVIDUAL EMPLOYMENT LAW: Continuity Of Employment And
Redundancy Rebates' (2016) 8 Industrial Law Journal
Rodgers L, 'Public Employment And Access To Justice In Employment Law' (2021) 43
Industrial Law Journal
Grebenyuk V, 'EMPLOYMENT LAW CONTRACT AS A SPECIAL TYPE OF
EMPLOYMENT CONTRACT' (2019) 1 Law and public administration
Anderman S, 'The Interpretation Of Protective Employment Statutes And Contracts Of
Employment' (2017) 29 Industrial Law Journal
'Workmen's Compensation. Scope Of Employment. "Out Of" The Employment' (2016) 32 The
Yale Law Journal
Guth J, 'Jordans Employment Law Precedents20102edward Benson. Jordans Employment Law
Precedents. Bristol: Jordan Publishing 2009. £135.00 Hardback' (2020) 52 International Journal
of Law and Management