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University Degree: Employment Law
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- Marked by Teachers essays 1
Discuss and analyse the legal concept of protected trade dispute. Explain also whether, in the light of the most recent financial climate (credit crunch, recession, depression), the right to strike is still a persuasive means of protection o
for the good of employees and not in conspiracy against the trade, which they still need to adhere to, too this day under TULRCA s.11. The implementation of Art 11 of the European Convention of Human Rights guarantees the right to freedom of association. This through the Human Rights Act 1998 in the UK distinguishes the common law policy of the trade unions as being restrictive on trade. The trade unions have free rein over the rules in which they adopt as long as they stick to numerous statutory requirements.
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In that case, the House of Lords held by a majority, with Lord Keith dissenting, that on giving a reference to an ex-employee, in response to a request by an identified prospective new employer, the former-employer owes a duty of care to the former-employee, that the breach can give rise to a claim for pure economic loss and that the possibility of such a claim is not excluded by considerations of public policy which favor candor in references. In the spring case, the reference (for a man who was employed in the financial services industry)
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contains a provision which (however expressed) states that the parties intend that the agreement be a legally enforceable contract. In order for such agreements to be legally binding on the individual employee they need to be incorporated in the employment contract of each member of the work force3. However the appropriateness of the term for inclusion can cause some confusion, the general application seems to be that procedural terms, such as a redundancy selection process are not appropriate4, where as substantive terms such as employees hours or rates of pay need specific incorporation into the employee contract.
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Employment Law Scenario. In this scenario there are many issues that are relevant in employment law. The most responsible person in the organisation is Mr Gervais. As an employer Mr Gervais has many responsibilities, duties and issues to overcome
See Pickford v ICI in that case turned out that employee was suffering from Repetitive strain injury and the employer has duty of care to provide safe equipment to all employees (in this case - appropriate chairs) under the statute of Management of Health and Safety at Work Regulations 1999. It is also employers duty to prevent employees having illnesses from high glare computer screens which are used in the company Ricky Gervais & Co Ltd. (The Health and Safety (Display Screen Equipment)
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- 2 - The Advisory Conciliation and Arbitration Service's publication 'Bullying and Harassment at Work: Guidance for Employees' and the Equal Opportunity Commision (EOC) and European Commission codes of practice give more detailed guidance as to what constitutes harassment (and are seriously relied on by those applying the law, which is at tribunal). The law also stipulates (at s.41 SDA) that the employer is vicariously liable (i.e. will be liable for such unlawful acts of his employees even where he does not know that they are occurring) unless he has a 'reasonable steps' defence (as provided for at s.41(3) SDA.
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Once unfair dismissal is proven, the burden of proof shifts on the employer to show the reason for dismissal. Dismissal can be fair s. 98 (4) ERA 1996, where the employer acts reasonably in all circumstances. All unfair dismissal claims are enforced in employment tribunal under s. 111 (1) ERA 1996. In this case the employer may seek to show incapability under s. 98 (2) as a fair reason for dismissal by claiming that Will continuous mistakes affected his work. Incapability also includes 'skills' under s. 98 (3), possibly the number of mistakes can demonstrate lake of skills. Will was expressly dismissed s.
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From this we can see that agency workers do have a form of legal protection regards pay, as there are set rules within the law, depending on the type of work being done - if hourly rate or per block of work. The Working Times Regulations set out the time requirement for rest breaks, holidays and working hours, and it is the employers responsibility to ensure that the time regulations are met. Unless an agency worker is self employed - running their own business- they are covered under the Working Times Regulations.
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It is a subject which engages the public's attention and opens ground to many controversies. It is a violation of one of the basic ethical principles. The key stakeholders in the workforce include employees and employers and potential employees. They have interests and power within the organisation which includes job satisfaction and health and safety practices. However, when an individual is affected by some form of discrimination it can affect the companies' shareholders as their reputation and image can be ruined and their interests include mainly making profits and expressing interest in share prices. The employee's family and friends may have been greatly affected by this situation too, as the partner may be the 'breadwinner' for the family.
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This is clearly referred to in the sixth principle that "Personal data shall be processed in accordance with the rights of data subjects under this act" (Bainbridge, 2000, Introduction to Computer Law). This is perhaps one reason why "vital information on suspects was routinely thrown away because senior officers misinterpreted the Data Protection Act." (www.Guardian.co.uk Q&A Data protection Act an the Police 18/12/2003). The police force was abiding by what was written in the act and the reason why the information was eliminated because of the fact that the records were not obtained for employment vetting purposes that they were lawfully erased which coincides with the second principle.
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They cannot be punished due to lack of knowledge. Brett L.J stated in LAGUNAS NITRATE CO V LAGUNAS NITRATE SYNDICATES that: 'A director must be guilty of negligence as would make liable an action. Mere imprudence or want of judgement is not negligence. It must be negligence that makes man liable in point of law'2 This is seen in: RE BRAZILIAN RUBBER PLANTATIONS AND ESTATES LTD (1911) CH 425 A rubber company made serious losses in Brazil as directors had limited knowledge and skill.
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sound evidence to imply that disabled individuals experience systematic discrimination compared with employment, this was often as a result of ill-informed, conventional statements on the part of employers about the influence of certain disabilities on the work-capacity of such employees and the complexity of making changes to working arrangements and changes to the premises to accommodate for the disabled employees. I have put together some interesting facts, which I have taken from a report conducted by Pearson and Watson, which is based on issues concerning disability discrimination.
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For example if an internal promotional position is available within a company. If a less experienced and less qualified man receives the position over a highly qualified and experienced woman then it is possible that this could be classed as direct discrimination. Indirect discrimination Indirect discrimination is more complicated and occurs when a particular condition or requirement is imposed that does not refer to race, gender or disability but works to the disadvantage of that particular group, where those members of the group are less able to comply with the condition or requirement.
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be paid and how, The job title, terms relating to injury and sickness and sick-pay and A brief disciplinary summary which will provided to the employee in a manual stating how the matter of disciplinary will be taken if it arises. The contract of employment will be bound by the employment law of 2002 so if the technician were to incorrectly behave and not correctly carry out these stated they will be given the disciplinary procedure. The purpose of having the disciplinary procedure is to provide ways of changing difficulties between the employer and the employee.
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Legal Report Writing Exercise In no more than 1500 words write a legal report for an employer on a dispute between the employer and an employee or group of employees.
Avril agreed to this and she was asked to sign a new contract. This contract stated that Avril was 'self-employed'. Under the terms of this contract Lozell agreed to pay Avril �2 for each completed handbag (which meant that she could earn at least �6 per hour). Work would be collected and delivered each week. It was agreed that Avril would be paid without deductions for tax and national insurance. Avril agreed that she would complete at least 60 bags per week.
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However, things have changed over the last few years which incorporate a new melodrama scenario and a more broad view of the claims makers. Men now also feel that they are being harassed in the workplace by women. This means that our original model of our melodrama would not fit since even though he is the one being victimized, according to the model he would still be seen as the villain. People would have made a claim that he brought it on himself or that he was making a story up.
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All age discrimination is unacceptable, even if it benefits an individual. Evaluate and discuss this assertion with reference to key theories on ageing.
"Ageism is the last form of legal discrimination. It is often invisible and endemic in our culture." (http://news.bbc.co.uk/1/hi/uk/3970639.stm). This was a statement made by an Age Concern representative and emphasises the point that at the present moment, there is no legislation to protect the elderly from age discrimination. Discriminating against any other factor such as race, sexuality and gender has all been outlawed however at the present time age discrimination is seen as acceptable. This assignment will tackle the issue of age discrimination, showing how old people are not just discriminated against on the grounds of their physical appearance but
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Fearing physical harm, Paul requested to be put on medical leave. NET paid illness benefits to Paul for a full year, at which point, his illness benefits ran out, and in accordance with company policy, Paul was no longer considered to be a NET employee. Over this one year period, there were periods in which Paul Cronan felt that he was able to return to work; however, he wanted a transfer since he feared physical harm if returning to his previous position.
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Affirmative action is not intended to directly remedy positional inequality, this task being under the goals of welfare programs. Its origins in a nutshell: The programs of affirmative action stemmed from the urges of mainly Afro-Americans civil right movements in the 1960's. Apart from the call for the abidance by the 13th, 14th and 15th constitutional amendments granting the blacks civil rights and the end of racial segregation, M. Luther King's sit-ins contributed to first affirmative action program. It was J.F.
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Employment law - 'Sam, one of the directors of the company feels uneasy about the legal implications of the practice and comes to you seeking advice…What advice would you offer him?'
* The Data Protection Act (1998) * The Human Rights Act (1998) * The Employment Relations Act (1999) * The Employment Act (2002) After reading the statutes it became apparent that some would be more important than others in relation to the question. In terms of definite employment law, the Employment Rights Act (1996) stands above the ancillary acts that come after it i.e. the Employment Relations Act (1999) and the Employment Act (2002). Having decided that the Employment Rights Act was of importance I searched for a book that would be relevant to both the Act and the notion of dismissal, which is a dominant part of the question.
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In the context of a possible liability it is necessary to have a close look at the Directives on redundancy and sex discrimination.
However, if a dismissal for redundancy is to be fair, the employer is required "[...] to give advance notification of collective redundancies to their workers and/or their representatives [see Polkey v Dayton Services Ltd] and to consult with their workers about the implementation of the proposed redundancies"4. Furthermore, he must provide sufficient information to demonstrate that the selection process was fair and that he took reasonable steps to seek alternatives for his employees which was first enunciated in Vokes Ltd v Bear.
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to both sexes but which puts one sex (or married persons) at a particular disadvantage and cannot be shown to be a proportionate means of meeting a legitimate aim. For example, a requirement to work full-time might be unlawful discrimination against women. In other fields covered by the SDA Indirect sex discrimination occurs when a condition or requirement is applied equally to both women and men but, in fact, it affects a significantly greater proportion of women than men (or vice versa)
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In the meantime girls might be seen to be assisting the motherly figure with cooking, cleaning and washing the dishes. Young boys might be encouraged (rather not discouraged) to play football, climb trees and shoot pretend firearms with their male pals. Where young girls who might wish to take part in such fun would, more often than not, be called tomboys and frequently be told it wasn't ladylike to behave in this manner. Often we hear comments like she'll grow out of it and she should've been a boy or, in a young boys case, it's just a phase and little weirdo if he tends to prefer make-up or a toy vacuum to more selective male toys.
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However; discrimination is also a natural part of everyday behaviors. Everybody has preference for food; most people are attracted by beauty and repelled by ugliness; everyone finds interaction with some people more or less comfortable. These acts of discrimination or preference define individuality. We assess people as individuals by the choices they make and the consequences that go with it. Individuality and the right of human beings to make choices are fundamental characteristics of free societies and should be applied until ones rights interferes with another's.
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This report aims to analyse the Certified Agreement between SDAEA and Kmart Australia Limited, which outlines the rights and responsibilities of Kmart employees.
Contents 1.1 Introduction 2 1.2 An Overview of the Changes 4 1.3 Critical Analysis 5 1.4 Conclusion 5 1.5 Recommendations 6 1.6 References 7 1.1 Introduction Kmart Australia Limited opened its first store in 1969. Offering discount goods and promising the 'lowest price guaranteed', Kmart has continue to grow and now has 162 stores across Australia and New Zealand. (Kmart Australia Limited, 2001). Kmart is part of the Coles Myer group, of which the brigade of brands includes Myer Grace Brothers and Target Department Stores.
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The UK courts established in the case of Strathclyde Regional Council v Porcelli ( 1986) IRLR 134 that acts of sexual and racial harassment committed at work are capable of constituting ` direct discrimnation` under the SDA and RRA. Liability for discrimantion can only be fixed on employers where such discrimation can be based on one of the grounds made expressly unlawful. The SDA, RRA and DDA cover areas such as recruitment, dismissal, job-related benefits and `any other detriment in this regard. In the Porcelli case the court of session accepted that less favourable treatment, in the form of sexual harassment, came within the meaning of detriment.
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