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University Degree: Employment Law
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- Marked by Teachers essays 1
Expressed terms are written into the contract and agreed by all in question, whilst implied terms are not written. Implied terms of the employer refer to issues such as dealing with grievances promptly. Frankie's employer (the landlord) failed to take any action towards rectifying the problems highlighted of the sexual insults raised. When a complaint was made by Frankie, he "laughed it off." This would be seen as an inappropriate response to a serious allegation by the tribunal. There is a duty to exercise reasonable care for an employees' physical and psychological well being. The landlord is guilty of failure to care for Frankie's psychological well being as he made out that she was the one with the problem by saying she was so sensitive.
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Employee Status - In order for Carl to be able to bring a claim of unfair dismissal against Baker-Rags Ltd he has to establish both that he is an employee of Baker-Rags and that he was unfairly dismissed.
If however, a person's salary is paid by way of a third company, an agency perhaps, then this is indicative of an employment relationship not existing. These three tests mentioned so far and by no means in and of themselves conclusive evidence as to the employment status of a person, they are merely indicative. However, the fourth test mentioned seems to have developed a status within employment law as an irreducible minimum - a requirement in all employment contracts5 as it is an irreducible minimum.6 * Mutuality of Obligations: as a basic view mutuality requires an employer to give work, and an employee to carry out said work.
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In Serco Limited v Blair and others, the EAT focused on the issue of control. Agency workers brought claims for unfair dismissal against the company hiring them. EAT held the workers were under the control of the company and carried out work at the company's order and subject to disciplinary proceedings, the intervention of the agency prevented the necessary relationship between the client company and employee. In Iqbal's case it seems that if the agency doesn't intervene he could be classed as an employee.
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When faced by an act in parliament, judges are supposed only to apply the law, not to make it (if parliament has legislated on an area, parliament is superior, thus the judiciary should apply parliament's law). Judges on that basis cannot refuse to implement an ambiguous or doubtfully worded statue; they must interpret it to give the statute legal effect. In opposition the judiciary may apply the rules of statutory interpretation to legislation originally passed by legislature on to delegated legislation such as the admin agency regulations.
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"Do you think that current employment law in the UK allows parents to achieve a suitable balance between work and family life?"
This essay will try and answer the question of a work family life balance in terms of the current British Laws for employees. It is obviously clear to see that the whole issue of a family work life balance begins from the moment an employee announces they are pregnant. It is arguably at this stage, before the child is even born that they are given the most time to spend with their child. The law regarding the amount of time a pregnant woman is allowed off of work was changed with respect to all babies born after the 1st April 2007.
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"To what extent does the obligation to maintain mutual trust and confidence ensure fair dealing between the employer and employee in respect of disciplinary proceedings, suspension of an employee and dismissal?"
(University of Nottingham v (1) Eyett (2) The Pensions Ombudsman  IRLR 87). A local authority councillor had commented to a council employee that verbal abuse and accusations of dishonesty, during duties were carried out on the council premises that breach of the duty of mutual trust and confidence should be taken into account and gave the rights to an employee to resign from the organisation and claim against constructive dismissal. The employer should have the duty of providing a safe and friendly working environment which made life easier for all employees's to tolerate the conduct.
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However, because the decisions are made by existing partners whom were mainly men, there were impressions that Ms. Hopkins felt she was a victim of sexual harassment. This case brings light the legal and ethical issues in which corporations must deal with everyday. Legal Issues: The Equal Employment Opportunity Commission has defined sexual harassment as a form of sex discrimination. � Given this definition, do we believe that Ann Hopkins was a victim of sexual discrimination as defined by the EEO? Sexual discrimination can happen in many ways. In Ann Hopkins case, other men were hired instead of her with equal abilities. There is evidence to prove that PWC violated Title VII of the 1964 Civil Rights Act.
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Hopper (2001) made a good point when referring to California small business owners, "[they] continue to be in negotiating the choppy waters government stirs for them, nothing can smash their ship of enterprise against the rocks like a frivolous lawsuit" (p. 47). Some employees join a company with hidden motives of bringing a lawsuit against them. These individuals target small businesses because their resources are scarce compared to larger companies. Griffin Bell Jr. says that the average jury award is $250,000-which could be crippling to a small enterprise (cited in Hardin, 2000).
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While each of these list items is important, four major issues arise and the focus will remain on them. Financial information, employees and employee benefits, environmental issues and a litigation summary are the focus of acquisition. Finances The financial health of a company is the number one concern of a potential buyer. The selling company should provide the seller with audited financial statements for the last three years, a schedule of inventory, a schedule of accounts receivable, a schedule of accounts payable, a schedule of indebtedness and contingent liabilities, an analysis of fixed and variable expenses and a copy of the company general ledger (FindLaw, 2005).
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'A coherent human rights standard cannot simultaneously require that people should be treated alike and that they be treated differently' - Discuss this statement with respect to the application of non-discrimination in international human rights law.
I propose that it is the superficial notion of discrimination explicit in the above provisions that have been pre-supposed to be the entirety of the meaning of non-discrimination In this essay I argue that a somewhat expanded vision of non-discrimination needs to be enunciated in order to embrace the concept of differential treatment in a non-discrimination principle expertly put by Aristotle , there is cause for complaint 'when either equals have and are awarded unequal shares , or unequals equal shares'.
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Employment Law - Relevant Legislation, Rights and Duties: Duty of Mutual Trust and Confidence, Sex Discrimination Act 1975, and Vicarious Liability.
"The provisions on direct discrimination are mirrored in the Race Relations Act 1976, so that interpretations of provisions in one Act, by the courts, can lead to the same interpretation being applied to the other Act." (Employment Law, Malcolm Sargeant - see bibliography). This is an important point to note because section 32(1) RRA 1976 states that 'anything done by a person in the course of his employment shall be treated for the purposes of this Act...as done by the employer as well as him, whether or not it was done with the employer's knowledge or approval.'
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There is a history of poor educational opportunities and job discrimination for Afro-Caribbean in this country.
This implies that as blacks have previously suffered from detrimental racist discrimination and wrongdoings, including slavery and not having the right to vote, they now deserve extra benefits to compensate. This is known as "reverse racism". It argues that as whites once set themselves apart from blacks and claimed privileges for themselves while denying them to others, now, on the basis of race, blacks are able to claim special status and reserving for themselves privileges they deny to others. The question then arises, that, do two wrongs make a right?
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In the United Kingdom, sex segregation of the labour market is likely to continue for the foreseeable future. Discuss.
Sex segregation has its roots in the seventeenth century, where most men did agricultural work while women managed the household and manufactured most of the items the household consumed. Women also earned income by providing goods and services such as homemade products (soap, lace, etc) and caring for the sick. (Reskin and Padavic, 1994). Although growth in the eighteenth century enabled families to run small businesses, widows were the only women who were independent entrepreneurs. The western society slowly began to industrialize in the nineteenth century, causing an alteration in the type of work carried out by each sex.
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From 1 Oct 2004, the law will apply to ALL employers, however small. Where a physical feature makes it impossible or unreasonably difficult for disabled people to make use of services, a service provider will have to: * Take reasonable steps to remove, alter or avoid that feature (considering these options in the order listed); or * Where that is impossible, provide the service by a reasonable alternative method. It is unlawful for a provider of services to discriminate against a disabled person- (a)
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The public debate is polarized between those who believe sex in the workplace doesn't belong andthose who believe it is okay as long as it is between consenting adults.
The couple in the relationship must make it known and demonstrate to fellow colleagues their commitment to their team and company. Even to the point where you disagree with your romantic partner on work issues. The office of the past is much different than the office of the present. The office in the past was dull and formal, where a job was for life and practically no one was fired. Today's office in contrast is more of a home away from home, and it being likely only a temporary one.
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But, simply choosing one over another does not necessarily mean that one cereal is worse than another. BETH: Equality of opportunity simply means that everyone should be given a chance to excel if all things are considered equal. Unfortunately, we are not all equal and some of us excel at one thing while others excel at some thing totally different. ALEX: Okay, but how do you answer the admissions in college problem? Imagine that an African American man and I are both vying for a spot into a University. Explain how it is okay for him to be chosen over me simply because he has an added benefit of being of different ethnic background than I am?
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There were existing laws addressing the separation of blacks and whites as Congress was trying to move away from the 99-year old post Civil War history Discrimination was seen in every facet of life including housing, schools, recreational facilities, hospitals, restaurants, parks and public transportation (Bennet-Alexander, D. 2001). Prior to the passage of this law, women and minorities had very little legal recourse when it came to job discrimination. Employer's decisions regarding promotion, hiring and firing of employees went unchallenged.
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Older persons in sit-coms are generally portrayed as foolish dolts, the butt of jokes and witty barbs tossed about by teenage geniuses who run circles around their poor, idiotic elders. The media generally does not present aging persons in a kind light, and Americans are immersed in media. The multi-billion-dollar industries of diet products, fitness centers, tapes, books, and equipment, all guaranteed to make us look younger, flourish unabated. The medical community can barely keep pace with tummy tucks, facelifts, hair implants, and Botox injections.
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It can also bring cases itself when it believes there has been a breach of the law. A teenage girl was once awarded over �24,000 compensation in 1994 because she was turned down for an apprentice as a motor mechanic because of her sex. The act also means it is against the law to: 1) Discriminate against you because of your sex, martial status or pregnancy 2) Sexually harass you 3) Dismiss you from your job because of your family responsibilities. An example of sex discrimination because of your sex is the Dan Air case. The company, an airline adopted a policy of only employing women air hostesses and refusing even to consider male applicants.
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However, my understanding of equality of opportunity has a broader concept. If positive discrimination is not viewed in isolation (as a legitimate process which individuals receive beneficial treatment due to the group they belong to) but is instead viewed as an essential tool which serves to correct the inequality of opportunity that currently exists in society, then positive discrimination; or affirmative action as it is interchangeably know as, in fact, on balance, promotes equality of opportunity. As mentioned earlier equality of opportunity is not a definite entity. At its basic level it can be referred to as; negative opportunity; the Minimalist position; or 'the simple view.'
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Also, an employer cannot make an employee work more than 44 hours per week unless consent is give2. The Saskatchewan overtime rate is clear and concise; overtime must be paid at a rate of 1.5 times the hourly wage of a specific job. If wages are paid monthly, simply multiply the monthly wage by 12, divide by 52, and then divide by the total number of hours worked in a week (which cannot exceed 40)3. Unfortunately, not everyone is Saskatchewan is entitled to receive overtime pay.
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As these results will determine the access to further or higher education for most school leavers, it is interesting to note that the number of females who receive acceptance for university is dramatically lower than that of the males. This leaves us asking the question 'why give the opportunity to a person less capable?' the answer: inexplicable. During the Victorian era - 1837 to 1901 - a woman's place was indefinitely in the home. The transformation of Britain into an industrial nation had profound consequences for the ways in which women were to be idealised.
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This was met with the Race Relations Amendment Act ....which came into force on July 19th this year NOT SURE WHAT IT IS ACTUALLY. But do these reforms go far enough with widespread discontent at the omission to include indirect discrimination in the revisions there are claims that the majority of recommendations made by the MacPherson committee have been ignored. This essay will seek to discuss both the 2000 ammendments in addition to the 2003 regulations which encompasses and extends recent case law in relation to then liability of employers for acts of discrimination by their employees.
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Over the decades there has been a dramatic change in social attitude, which has resulted in laws being enforced. The main change mentioned in the article was the enactment of the Sex Disqualification (Removal) Act 1919. This enabled women to enter many professions, which previously condemned them. As a result of this, the first female solicitor and barrister was admitted as beforehand it was considered illegal for a female to enter the legal profession. Progress of female entrants however was slow and the article points out that "the 70's saw the first significant rise in women entrants". In 1923 the Association of Women Solicitors was formed and together with organisations such as the Association of Women Barristers they focus on many issues that have risen in the past due to discrimination.
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