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University Degree: Employment Law
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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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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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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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"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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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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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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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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Analyse the Effectiveness of the Law in Relation to Affirmative Action as it applies to Women. Affirmative Action laws have greatly increased, statistically, the role of women in the workforce
Affirmative Action, in theory, as laid out in the Affirmative Action (equal opportunity for women) Act 1986 would eliminate discrimination against women and create equal opportunities. Supporters claim the legislation is reversing past discrimination and natural bias, created from centuries of a male dominated work force, they also argue that using Affirmative Action to place women into high management roles will create role models for future generations, in which Affirmative Action will hopefully not be necessary. One of the primary components of Affirmative Action, however, is that women, when they have equal qualifications etc.
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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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"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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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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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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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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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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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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'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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