In-depth Case Study: Understanding Legal Issues for Management

This case study delves into several critical legal issues that arise in management contexts. It examines the absence of a formal employment contract for an employee named Albert, highlighting the implications for his employment rights, particularly concerning salary and job security. The study further analyzes the importance of work-life balance, referencing the Employment Right Act 1996 and the UK's work-life balance policies, and discusses potential recourse for Albert and his colleagues regarding terminated sick leave and excessive workload. Age discrimination is identified as a key issue, citing the Equality Act 2010 and Albert's right to file a case against the store for discriminatory practices. The case also explores the concept of unfair dismissal under Section 94 of the Employment Right Act 1996. Additionally, the study addresses consumer rights under the Consumer Protection Act, focusing on a scenario involving a customer named Nigel and a faulty product, emphasizing his right to a refund or return and the shop manager's potential legal liabilities. Desklib provides resources and similar solved assignments for students.

LEGAL ISSUES FOR
MANAGEMENT

TABLE OF CONTENT
QUESTION 1...................................................................................................................................3
(a) His contract of employment:..................................................................................................3
(b) The work life balance of himself and colleagues:..................................................................3
(c) Discrimination:.......................................................................................................................3
(d) Other employment rights, including those relating to unfair or wrongful dismissal:............4
QUESTION 2...................................................................................................................................4
(a) Advising Nigel of his legal rights in this case:......................................................................4
(b) Explaining to the shop manager why each of the grounds for her refusal to provide a
refund may fail in Law:................................................................................................................4

QUESTION 1
(a) His contract of employment:
Employment Contract is agreement between employer and employee, this contract play
vital role in the process of employment as this secure legal rights of the employee and allow
employer to be safe from any kind of lawsuit. Under Employment Act 2002, both employer and
employee need to form contract to ensure that are legally bounded in contract. In the case of
Albert, he was employee of DIY shop but do not had any legal contract which means he can not
file case against store for not paying his salary or late payment. Due to lack of contract, Albert
loss his legal right, it is very clear that both employee and employee need to have contract but in
this case on contract were made which leads to losing employment right and securing job.
(b) The work life balance of himself and colleagues:
Work life balance means balance between work and personal life, there are many cases
where employee tend to work even after completion of their working hour. Under Employment
Right Act 1996, every employee should get what they deserved for example if employee are
working extra hour to manage workload then company need to provide financial and non
financial benefit to ensure that compile with Employment Act. Under Work life balance policy
UK, Albert can file case against shop or store manager for not following workplace procedure.
Even sick leave was terminated by the shop which means Albert and his colleagues have right to
gain what they deserved under Employment Act. Work life balance policy of the UK state that it
is responsibility of employer to provide 50-50 balance between work and personal life of
employee in the process.
(c) Discrimination:
Discrimination is one of the most disturbing thing in employment process where
employee face discrimination related to their culture, age, personality and physical disabilities. It
is very clear that discrimination is strictly prohibited by the government and employer might face
serious issue, there are many cases where discrimination have lead to violence and impact
company's reputation. In the case of Albert, age discrimination can be seen when store manager
highlighted age of Albert and state he is not suitable for the job. As Albert have faced age
discrimination in the workplace, he secure legal right to file case against store and store manager.
Under Equality Act 2010, Albert is protected by law that state age discrimination will not be
tolerate in the workplace, on the basis of age discrimination company can not remove an

employee. For example; Albert is safe in this situation with the help of Employment Act and
Equality Act that secure his right and allow him to file case against shop and store manager for
discrimination act in the workplace.
(d) Other employment rights, including those relating to unfair or wrongful dismissal:
Employment Right is one of the most important element in the employment process that
allow both employee and employer to ensure they follow both ethical and legal guideline.
Employee secures certain right when they fall under employment act, from equality to unfair
removal, employee can file case against company or employer. In the case of Albert, store owner
decided to remove Albert on the basis of his skills, ability and age. This act of dismissal
highlight store manager have violated legal right of Albert by removing him unfairly. Under
Section 94 of the Employment Right Act 1996, employee can not remove employee unfairly or
dismissing the employee with valid reason. Dismissal need to have notice to employee
highlighting area where dismissal is valid and do not impact right of an employee.
QUESTION 2
(a) Advising Nigel of his legal rights in this case:
Consumer Protection Act of the UK state that after complete purchase of product,
consumer have right to claim refund or return on the faulty product. Under this Act, consumer
can ensure they get good quality of product without any damage and tear, consumer protection is
designed to meet demand of consumer and securing their right. In the case of Nigel, he secure all
his right under Consumer Protection Act, shop owner have to refund or return goods. If in the
case where shop owner denied to return or refund goods then Nigel have legal right to file case
against shop owner and law will be on the side of Nigel as he secure right. Under Right to be
informed, Nigel have right to gain knowledge about product and its quality, shop owner either
return or refund the product or face lawsuit.
(b) Explaining to the shop manager why each of the grounds for her refusal to provide a
refund may fail in Law:
Consumer Protection Act is designed to secure consumer from any kind of illegal or
unethical act, this act provides clear guidance to both, consumer and company about their right
and legal duties, it is very clear that every consumer have their own right which they can use if
any unethical thing happened to them. In the case of Nigel, shop have to return or refund product
to Nigel because product was damaged and can not be used. Shop can not refuse to return or

refund product until valid reason, here shop manager have allegedly told Nigel that product was
intentionally damaged by consumer which means return and refund is not possible. This
statement may lead to serious issue, because violating consumer right can bring serious issue to
shop manager. Nigel secures every right under Consumer Protection Act, he can use right to be
informed as legal right to stand against shop manager.

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