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University Degree: Employment Law
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- Marked by Teachers essays 1
This may vary from outreach programmes designed to increase the number of applications from members of groups perceived to be disadvantaged, through the provisions of training designed to promote competition on a level playing field with white males. To programmes which take account of the actual numbers performing such jobs, whether in the form of aims or targets, or in the form of quotas whereby a particular proportion of jobs in a particular grade are reserved for women or ethnic minorities.4 Women have always been in lower status jobs than their male counterparts.
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This essay will consider the growth and history of agency workers rights in the UK, as well as the problem of Temporary Agency Work Regulation 2010. The study will be concluded by the examination of key cases and statutes.
This arrangement causes no difficulty under labour law, where objective is establishing the appropriate balance in the relationship between employee and employer6. This means that both sides should take into account rights and duties of opposite party. However, there are other forms of arrangement which are entered into to exploit the flexible working nature of agency relationships. In the case of Consistent Group Ltd v Kalwak and Others7 the workers were Polish nationals who had been recruited in Poland by the agency and who were provided with work for a food processing client.
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Selwyn states that it is difficult to categorise working individuals because of the complexity of modern organisation, and despite the arrangements being convenient for those concerned, the lack of clear categories can hinder legal analysis. Identifyin
The courts have developed a series of tests to help distinguish between the employed and self employed. The numerous tests that have been developed are evidence that it is difficult to categorise working individuals. One of the main reasons for the numerous tests is the speed in which employment changes, the courts have to constantly update their methods in order to accommodate the change. I will evaluate the tests in chronological order as this is a perfect example of the courts difficulty in categorising working individuals in the ever changing employment environment.
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The essay will seek to examine and conclude if Trade Unions, in a twentieth century, still play a pivotal role in the work place. I will consider a number of factors that have shaped employment law today and have somewhat changed the relationship between
This trend furthered itself and in 2008 there was a further decline in membership by 0.6% 2. This apparent decline has been visible for the past thirty years. I shall now move onto describe why this decline has happened and to examine whether trade unions still are important in industrial relations. One reason for this apparent decline in membership can be attributed to the changing nature of the employment contract. The nature of employment law has changed and the main focus is now on the individual rather than the trade union.
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legal protections, workers asserted the voice of social justice through collective unions.15 The period witnessed considerable unrest with collective strikes, culminating in the Maritime and Shearer's Strikes of 1890 and 1891.16 The Shearer's Strike demonstrated how far workplace relations can degenerate when there is no fair statutory framework to establish legally enforceable rights, including the fair arbitration and conciliation of disputes.17 During the Shearers' Strike, a military force with artillery was deployed to Barcaldine for use against the shearers,18 strikers were tried and jailed,19 the union was depleted of funds, and workers were forced to ultimately accept terms offered by
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Zephyr Autos has a job security agreement with UCW which states that discretionary bonuses are payable for good performance. Albert was informed by Barry that his bonus had been discontinued as he has not met his sales targets in the last six months. So the issue here would be if Albert would have a right against Barry's decision on discontinuing his bonus and if Barry could possibly be facing legal issues in regards to his actions. Zephyr Autos have a job security agreement with UCW containing a seniority agreement which stipulates that "selection for redundancy will be made on the basis of seniority with the company on the basis of last in, first out".
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Explain what protection if any the law of unfair dismissal and the law of discrimination offer to him. (50% of the marks) In the situation described, certain legal rights may be available to Alex under the law of unfair dismissal. Under ss. 94-132 of the Employment Rights Act 1996, every employee has the right not to be unfairly dismissed. Although Alex has not yet been dismissed, it is likely he could be for the reason of retirement, which falls under one of the potentially fair reasons of s. 98(2) of the Act. The first question to consider in this type of dismissal is whether the employer can show that the reason is retirement as defined by the ERA, ss.98ZA-98ZE.
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with his less favourable treatment of her." 5 There is adequate prima facie evidence from your situation to indicate that you have been directly discriminated against in relation to promotion/re-grading on the basis of gender in terms of section 6(2) of the Employment Equality Acts, 1998-2004 contrary to section 8(1)(d) and section 8(7) of those Acts, which transpose the European Council Directive 76/207/EEC (as amended by Council Directive 2002/73/EC)6 and Council Directive 92/85 for the equal treatment of pregnant workers.7 I will explain the nature of this discrimination, how it applies to your situation and the possibility of you succeeding with a claim by referring to the appropriate legislation and related case law.
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Salomon have no liability in it.9 This basically means that as a result of incorporation, a company will be a legal entity distinct from its members where it would bear and enjoy different obligations and rights from its members. Limited Liability As noted, limited liability is a consequence of separate personality. A limited liability company will have its own pool of assets which are separate from the personal assets of its members and these members will not be liable or whatsoever towards the company's obligation.10 Of course, there are other benefits or consequences of legal personality.11 Namely, the company conducts
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greater uncertainty has resulted from the extension of the TUPE principles in the fifteen or so years between the introduction of the Regulations and the ECJ decision in Suzen. How this case has figured in the contemporary jurisprudence of employment law will be considered below, following a brief examination of how the courts, both domestic and European, approached the law of transfers. The notion of corporate responsibility within the community is a relatively new one; predominantly led by the great environmental abusers such as BNFL and Shell.
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This is underlined by section 4 (3) which deals with the time by which the written statement must be provided, that is to say 'at the earliest opportunity, and in any event, not later than one month after the change in question...' Case and Remedy: Gillian Green could dispute about her employment contract since the new manager took over from the Chestnut hotel. She may refer the matter to an employment tribunal and this can be done up to three months following the effective date of termination of the contract of employment.
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This could include comments about the way a person looks which is found to be demeaning; indecent remarks; questions about an individual's sex life; and sexual demands by a member of the individual's own or opposite sex. Obviously Ron's repeated requests, flirtatious behaviour and unwanted advances towards Sarah falls within this category. Sarah will need to be able to establish the following to bring a claim for sexual harassment under the SDA 1975: * Ron's behaviour was unwanted; * Ron's behaviour was based upon Sarah's sex.
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Tess' situation is one that will involve various aspects of employment law. The issues which will arise are whether Tess is an employee, and if so has she suffered wrongful, or unfair dismissal,
Advise Tess. Tess' situation is one that will involve various aspects of employment law. The issues which will arise are whether Tess is an employee, and if so has she suffered wrongful, or unfair dismissal, and whether Tess is protected by disability discrimination law. The first issue which an Employment Tribunal would probably look at is whether the Tess is an employee, or not. This is because it needs to be proven Tess is an employee for her to claim unfair or wrongful dismissal.
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The measure of success of any law of the termination of employment is the extent to which re-employment is attained where appropriate. By this measure, the law of both wrongful dismissal and unfair dismissal must be judged a failure. Discuss.
or re-engagement (rehire but under a new contract) of the complainant, under sections 113 and 114 EAR 96, or an order for compensation. In practice, a successful complainant will in most cases receive an award of compensation, which is made up of a basic award and a compensatory award. Orders for reinstatement and re-engagement are rare. The tribunal's first step on finding a dismissal to be unfair should be to explain to the employee the possibility of an order for reinstatement or re-engagement, and to ask him whether he wishes such an order to be made2(see also, Pirelli General Cable Works Ltd v Murray (1979)3.
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(Wolf, 1979) This goes in line with the functionalist sociological perspective according to which women and men have clearly specified roles in society, with women performing the expressive roles (i.e. providing children with emotional support, etc) and men performing the instrumental roles (i.e. being the primary bread earners for the family). According to the functionalists this is the most efficient way for a family to operate. During recent years women have made a significant progress in entering the managerial positions in corporations as the proportion of women managers increased by almost 26% between 1970 and 1992 (Powell, 1994).
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The National Assembly for Wales is governed by 'an absolute duty' to promote equality in all its functions. What is an 'absolute duty' and to what extent do you think the Assembly is succeeding
(Great Britain, 1998, 47:1;3). Equality in business: 'The Assembly shall make appropriate arrangements with a view to securing that its business is conducted with due regard to the principle that there should be equality of opportunity for all people.' (ibid, 47). And, most importantly, equality of opportunity: 'The Assembly shall make appropriate arrangements with a view to securing that its functions are exercised with due regard to the principle that there should be equality of opportunity for all people.' (ibid, 120:1)
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Therefore, their Race or Ethnicity is not that far removed from British Nationalists, which highlights how unreasonable this type of discrimination can be. o Religious beliefs-This can occur not only between different religious creeds but even between those from different sects of the same religion. o Disability- Physical and Mental impairments do not make an individual any less capable of maintaining a normal life. In some cases such individuals find that their unaffected capabilities or senses are enhanced in some way to compensate for their disability. o Age-People were once seen as "over the hill" when of a certain age.
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Some candidates had been held because of concerns about their interpersonal skills. Approved candidates' names appeared on a ballot for partnership-wide election. For admission to partnership, two-thirds of the entire partnership had to approve a candidate. Hopkins was assigned to four major projects in her tenure at PW. The first was for the Department of Interior. It consisted of two contracts worth approximately $200,000 each, one of which she later managed. The second client was the Department of State. Hopkins was in charge of developing a proposal, in competition with 11 other contractors that led ultimately to a State Department contract whose long term value to Price Waterhouse was $35 million.
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When I refer to the term 'unemployment' I will adopt the notion of an individual not taking an active role in the labour market, and is therefore not working for a monetary income. I will not attach any form of time consideration to the definition when I use the term, for example unemployment over one-year is often considered 'long-term unemployment' however, I shall refrain from using such methods unless otherwise stated. During the 1950's, most black immigrants came to the UK as part of a replacement labour force, which was urgently needed following the loss of a large proportion of the nations labour force during the war.
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The EAT concluded that where the employer turned down this request, there is still a possibility of indirect discrimination. In Mary's case, a refusal of her request to work part-time (despite a contractual obligation to work full-time) can amount to the imposition of a practice that will be discriminatory unless it can be objectively justified (Lockwood v Crawley Warren Group Ltd.) The test for determining whether an act was discrimination is objective and not subjective. The basic right to request flexible conditions has been introduced by s 474of the Employment Act 2002, which will amend Employment Act 1996. Section 17(2)
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This is a form of racial discrimination, as swimming baths will not normally do this for people because it would disrupt the normal opening time of the swimming bath for the general public that want to use the swimming pool. * Age there are only two good examples of age discrimination and they are as follows; - one of the main forms of discrimination is that you have to be aged 16 - 25 to join the army. The other form of age discrimination is to be a driving instructor you have to have at least three years of driving with no points on your license.
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Likewise, since 1965, federal contractors had been subject to President Lyndon Johnson's Executive Order 11246, requiring them to take "affirmative action" to make sure they were not discriminating. But what did this 1965 mandate amount to? The Executive Order assigned to the Secretary of Labor the job of specifying rules of implementation. In the meantime, as the federal courts were enforcing the Civil Rights Act against discriminating companies, unions, and other institutions, the Department of Labor mounted an ad hoc attack on the construction industry, cajoling, threatening, negotiating, and generally strong-arming reluctant construction firms into a series of region-wide "plans," in which they committed themselves to numerical hiring goals.
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Barrister - Your honours, I am acting on behalf of Jeffrey, against the Head Master at St Augustine's, Church of England school, and the Board of Governors. We are issuing proceedings, claiming for unfair dismissal. Can I begin by calling Jeffrey to the stand to get a clear picture of the situation in front of us. Barrister - Can you please state your name for the court. Jeffrey - Yes, my name is Jeffrey Johnson. Barrister - Jeffrey, for the last five years you have been an employee at St Augustine's, Church of England school, am I correct?
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for the fourth year in a row. This brought the total population count to about 35,591,000." (http://www.npg.org/states/statenews/ca_listserv6.html#capop) Within this vast population, "minority" groups make up "over half the state's population and nearly half the labor force. In addition, African-Americans, Hispanics, Asian-Americans, and other minorities will account for nearly two-thirds of new workers between now and the year 2008." (http://www.jobjournal.com/article_full_text.asp?artic/=379) With respect to these numbers, the term minority is and can be outdated. However, as long as the population continues to increase at such a high level and remains ethnically diverse, appropriate policies are necessary in order to satisfy all various groups competing within the workforce.
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