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
ASSIGNMENT TWO In this assignment will be critically discussed all the issues relevant in employment law against company Ricky Gervais & Co Ltd. It is competent to prove whether the company is liable for breach of employment law. Employer as well as employee has a certain duties expressed in the contract of employment, if the employer or employee fails to execute his duties there can be taken legal actions against him. Breach of legal duties can even result in damage to the claimant as in case Walker v Northumberland County Council, where the employer breached the duty to take reasonable steps to avoid employee's injury. In some cases it can be found that there has not been breach of duty to care as in Blyth v Proprietors of the Birmingham Waterworks. This case decided that there is no liability for the employer's breach of duties. Further in the essay it will be identified and discussed the issues that would be relevant in employment law. When the potential employee visits office premises, it is seen that there are some unsatisfactory conditions for employees. It must be considered whether the employer, Mr Ricky Gervais, is in breach of duty. Firstly, it is necessary to think about uncomfortable chairs and high glare computer screen. Under the Health and Safety at Work Act 1974 which states that general employers duty is to "ensure so far as is reasonably practicable the
In the context of a possible liability it is necessary to have a close look at the Directives on redundancy and sex discrimination.
On the 4th of February Megahard dismissed 20 female employees for the reason that their services 'were no longer required'. It has to be examined whether this event caused liability for the company out of European Employment Law. This law is applied since it is not clear in which country the dismissals actually take place. In the context of a possible liability it is necessary to have a close look at the Directives on redundancy and sex discrimination. The 1975 Directive on collective redundancies was amended by the 1992 Council Directive No. 92/56/EEC. Collective redundancies are defined under Article 1(1)(a) as "dismissals effected by an employer for one or more reasons not related to the individual workers concerned"1. This term is among other things used when the dismissal is of a period of 30 days of2: > at least 10 employees in an establishment with between 20 an 100 employees > at least 10% of the employees in establishments with between 100 and 300 employees > at least 30 employees in establishments with over 300 employees. If redundancy is the reason for the dismissal than it should be "[...] wholly or mainly attributable to [...] the fact that requirements of that business for employees to carry out work of a particular kind [...] have ceased or diminished or are expected to cease or diminish"3. However, if a dismissal for redundancy is to be fair, the employer
Affirmative action was implemented with the idea and hope that North America would finally become truly equal.
As we all know, affirmative action was implemented with the idea and hope that North America would finally become truly equal. Originating within the National Labour Relations Act of 1935, it was originally put in place to prohibit private employers from discriminating against persons because of membership in labour unions.1 Affirmative action was envisioned as a temporary remedy that would end once there was a "level playing field" for North America. So far, it has lasted for thirty years without solving any of our current problems concerning equal rights, it is making things worse. More apparent than ever, affirmative action hinders women in the workplace and produces a stressful working environment. It creates isolation, segregation and separation. Unmistakably there are pros and cons within this unfinished issue; however, written statistics, economic facts and real life instances display the drawbacks created within our continent. To get a better understanding of this forever debating issue, we must first understand the definition of affirmative action and its distinctive components. Defining Affirmative Action can be done in many ways. The general definition of this program is: affirmative action exists whenever an organization goes out of its way (i.e. exerts effort) to help realize the goal of true equality among people.2 A distinction must also be made
Dressed To Distract
Dressed to Distract 1 Dressed to Distract Patricia Murdock University of Phoenix Dressed to Distract 2 A 33-year-old single Mother, Debrahlee Lorenzana, filed suit against Citigroup, claiming that she was dismissed from the Citibank branch at the Chrysler Center for looking to provocative. As a result of the shape of her figure, Ms. Lorenzana was advised that her clothing, made it "too distracting" for her male colleagues and supervisors to bear. An article in the Village Voice described Ms. Lorenzana as a five-foot-six, 125 pound, Latin beauty with soft eyes, and flawless bronzed skin. Since the allegations, Ms. Lorenzana has also been publicly ridiculed as being referred to as having, a Jessica Simpson rack, J.Lo's curves, and Audrey Hepburn's elegance. TV and tabloids have published pictures of her wearing pencil skirts, turtlenecks, tailored jackets, and stiletto heals, all which have been blamed for the distraction of her male bosses and colleagues. Ms. Lorenzana's lawyer, Jack Tuckner, states, "Does she have to manage her wardrobe so these men can manage their libidos?" He also added that, "Her male bosses and colleagues were acting immaturely". Citigroup has failed to comment on the allegations (NYTIMES, 2010). The U.S. Equal Opportunity Commission (EEOC) defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other
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,
Tess has been a nurse for twenty years and has an exemplary record. She has worked at Dolby Hospital for two and a half years and obtained the position through an employment agency. The hospital arranges Tess's work rotas and provides the uniform. She has to arrange time off and holidays with them. The agency pays her salary having already deducted tax and national insurance. The agreement with the agency states that "the relationship shall not give rise to a contract of employment between the agency and the temporary worker or the temporary worker and the client". Last year Tess was diagnosed as suffering with depression caused by the death of her son in a car accident. She had to have a month off work as a result. On her return to work Tess asked if she could move to another ward as the intensive care unit is a very stressful place to work. The staff nurse said this was not possible as they were so short staffed. Tess made a further request six months later but again this was refused. Tess continues to suffer with depression as a result of which Tess has to have at least four days off every month and as she only gets paid for the days she works her income is reduced. Two weeks ago when Tess was on duty on the ward she gave a patient a double dose of his medicine as a result of which the patient suffered a heart attack and almost died. Fortunately he was able to be
Labour Law - Unfair dismissal
Part One A.Alex has worked for ILL (International Leisure Location plc) a chain of leisure and sports clubs as a Sports Coordinator for 30 years. When he started working for ILL men and women had different retirement ages: 60 for women and 65 for men. Once this became unlawful, in 1986 retirement ages were equalized at 60. The trade union which was recognized by ILL negotiated an agreement that existing employees were given the option of retaining 65 as their retirement age, or moving to 60. Alex was one of a number who chose 60. Since 1986 it has been the practice of ILL to allow Sports Coordinators who wished to work on past 60 to take an annual medical and, if they passed it, to work on for an additional year, year by year, to a maximum of 65. Around 75% of Sports Coordinators have taken this option, with 90% of those working until they were 63. Alex will be 60 in September 2008. He has taken the medical examination and passed with the lowest score possible. His work record shows that he has been off with a number of illnesses over the past 2 years, totaling around 10 days each year. There have been two complaints against him by customers alleging failure to follow proper safety procedures in the last six months, both of which have been upheld and he has received two verbal warnings. Alex very much wants to work on after his 60th birthday and wishes to work until he is at
Discuss the development of the concept of harassment as a form of discrimination in UK Law.
43LL Assignment; Due date Monday 12th April Title; Discuss the development of the concept of harassment as a form of discrimination in UK Law. Introduction According to IDS brief 2003 Harassment at work is pernicious in its effects on employees and employer alike as it can endermine confidence, cause stress and dramatically reduce work performance. What is Harassment ? What is Discrimination ? IE Harassment = a tool of discrimination. Old Law ? Under the old laws legal protection under an employment context was confined to legislation dealing with sex ( Sex Discrimination Act 1975), race ( Race Relations Act 1976 ) and disability discrimination ( Disability Discrimination Act 1975). ( IDS, 2003 ). According to Tolley (2003) harassment claims could only be entertained if the harassment fell within the range of prohibited behaviour under RRA (1976) S4, SDA 1975 S1 & 6 or DDA ss4 and 5. However no specific definition existed and the word "harassment" does not appear in any of these Acts. The case of Ministry of Defence v Jerimiah (1980) ICR 13 clarified that detriment equates to `diaadvantage`. 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
Affirmative action.
Affirmative action Once upon a time, there were two people interviewing for one position at the same company. The first person, let us call him Jack, attended a prestigious university and academically rigorous university. He had many years of work experience in the field and, in the mind of the employer, had the potential to make a positive impact on the company's performance. The second person, named Jill, was just starting out in the field and seemed to lack the ambition demonstrated by her opponent. "Who was chosen for the job?" you ask. Well, if the story took place before 1964, the answer would be obvious. However, with the adoption of the social policy known as affirmative action, the answer is relatively unclear. After the United States Congress passed the Civil Rights Act in 1964, "it became apparent that certain business traditions, such as seniority status and aptitude tests, prevented total equality in employment"(Hicks 35). President Lyndon B. Johnson, decided something needed to be done to remedy these flaws. On September 24, 1965, he issued Executive Order #11246 at Howard University, which required federal contractors "to take affirmative action to ensure that applicants are employed . . . without regard to their race, creed, color, or national origin. (Miller 72)" When Lyndon Banes Johnson signed that order, he enacted one of the most discriminating pieces
employment law problem question
Intro In order to advise Barry as to the legal issues that he faces and what steps he should consider to safeguard the company I will need to evaluate several factors. Firstly I will need to establish the issues that have taken place within the company in relation to the changes that Barry has chosen to implement, as well as all the issues concerning Albert and Denise. The rules of employment Law and relevant case laws would also need to be assessed. I will finally then apply the relevant law and policies to all the issues that Barry and Zephyr Autos are facing. Issues The first issue it that due to the fact that Zephyr Autos has suffered a loss in business with the recent economic downturn, Barry the new managing director is determined too make some financial savings. Barry attempted to negotiate changes affecting the work force with the Union of Car Workers (UCW), including a pay cut, but negotiations broken down without agreement. Under pressure from Head Office, Barry decided to introduce the changes despite not actually coming to an agreement with UCW. So the issue would be if Barry was out of his depth by introducing the changes without coming to an agreement with UCW, and if the employees and UCW can take some form of action against Barry and Zephyr Autos. The second issue would be in relation to Albert who has been working for Zephyr Autos for ten years as a
Women and Workplace
Women and Workplace A kaleidoscope of factors has merged to culminate in inhibiting women's movement in the public arena, even as we enter the 21st century. Despite modernization in various spheres, it is evident that Orwell predicted correctly when he said "All animals are equal but some are more equal than others". The psyche of the masses plays a pivotal role in creating a "naturalized discourse" around the concept of women, rendering it synonymous with nurturing and confinement to the home; what is in reality a social construct, is often made to seem a biological given. One cannot entirely disregard recent efforts made to include women in the occupational sector, yet a cursory glance around the developing world suffices to show that they have not culminated in adequate, effective changes. Men usually derive their power and authority in society from the kind of work they do and the position they might hold in their organization whereas traditionally women have done this through their roles in the family (Wolf, 1979). This has been due to the conventional societal settings where the primary responsibility of females is of marriage and child-bearing and their role as bread earners for the family is considered secondary and thus they are not able to attain positions of power in the work setting. According to gathered data, even as the society progresses and women shift