• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Labour law

Extracts from this document...

Introduction

Labour Law Coursework Law within the business work place settings are paramount in order to bring about and maintain organisation, promote the safety and convenience of individuals and to assist regulation of relationships within the workplace. When everyone abides to the law that has been enforced there is usually harmony, it is only when the laws are breached that serious problems occurs. This text will consist of legal advice for a female employee who worked in a bar (by the name of Frankie) and was subject to sexual discrimination and unfair, hostile treatment from the manager and landlord of her workplace. The discrimination occurred at a work related party after working hours. Direct and indirect discrimination from friends of the landlord was also used to make her feel uncomfortable. The main issues raised by the situation are unfair treatment, sexual discrimination, sexual harassment, inadequate support from her employee to rectify the problem and the breach of the Human rights act (1998) To be classified as an employee there must be a contract between the individual (employee) and the employer. All employees work under a contract for services. Within a contract there are expressed terms and implied terms. Expressed terms are written into the contract and agreed by all in question, whilst implied terms are not written. ...read more.

Middle

The Equal treatment directive (2002) states that there should be no form of direct or indirect discrimination aimed at individuals (on the grounds of sex) within the private or public sector. The amendment in 2002 introduces concepts of sexual harassment (of various forms). It emphasises that they are forms of discrimination that violate the principles of equal treatment. The situation that occurred with Frankie was a perfect example of discrimination, with discrimination meaning to single someone out and subject them to unfair treatment on the basis of prejudice. Frankie was subject to both direct and indirect discrimination. Direct discrimination is obvious and overt. Frankie experienced this through the loud comments made by the bar manager when he stated she had only been employed because she wore mini skirts. Another form of direct discrimination came in the form of the offensive text messages sent to her containing sexist suggestions. Indirect discrimination occurred through the passing round of photos which was done by her employers' friends. Advice to Frankie would be to keep the offensive text messages and use them as evidence to show that she was subject to direct discrimination. Frankie can build her case on the issues of harassment. Council directive 76/207/EEC is the foundation of EU law focused on the areas of gender equality in employment. ...read more.

Conclusion

The main sensitive areas are sex, age, disability and race. If every candidate which applied for the job has genuine occupational qualifications and the decision to employ was based on race, sex, or other criteria then this is a breach of law. If it can be proved that the only reason Frankie was employed was because she wore mini skirts and had "great assets" (as the bar manager claimed) then she would have a strong case against her employer. Although the decision to employ her was in her favour, the reasons behind it (if true) are not appropriate. If the employer's reasons for employing her do not coincide with fair employment laws then the employer would be guilty not just of discrimination towards Frankie but of discrimination against other candidates who may have applied for the same job. In conclusion advice to Frankie would be to present her case to the tribunal as she has solid evidence in the form of the offensive text messages of a sexual nature sent to her phone by the bar manager. Her unfair treatment would not be taken lightly by the tribunal as it was with her employer and there is a strong possibility that disciplinary actions would be taken against her employer and she could make a claim. Overall the possibility of Frankie making a claim at the Employment Tribunal is a strong one. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Employment Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Employment Law essays

  1. Marked by a teacher

    Critically assess how effective employment law is as a means of altering social attitudes.

    4 star(s)

    The contractor must then institute an action-orientated programme with realistic goals aimed at increasing the representation of equally qualified women and minorities. The Office of Federal Contract Compliance Programmes (OFCCP) carries out enforcement of the Order. If an employer violates their obligation by failing to implement an affirmative action plan or by simply paying lip service to it.

  2. Legal Report Writing Exercise In no more than 1500 words write a legal report ...

    8 CONCLUSION 8.1 Any claim for wrongful dismissal by Depp would be unlikely to succeed, particularly in the light of the subsequently discovered timesheet evidence. 8.2 Providing that it was brought in time, a claim for unfair dismissal by Depp would almost certainly succeed, particularly in light of the unfairness

  1. This essay will consider the growth and history of agency workers rights in the ...

    However, the Court of Appeal still went on to consider whether the claimant could have brought a successful claim against the Council client. The majority of the Court of Appeal (2:1) took the view that tribunals should consider the possibility of an implied contract of employment between the worker and the client.

  2. Selwyn states that it is difficult to categorise working individuals because of the complexity ...

    a taxi himself, he would not be working for anyone and so would be defined as a self-employed entrepreneur. The employment status changes depending on the actions of the working individual. Commenting on the previous case law and the recent case of Tilson v Alston Transport,41 Bird & Bird state:

  1. Employment law

    If the employer unreasonably fails to comply with the request or the particulars given are inadequate or untrue, the employer may present a complaint to an employer tribunal. When looking at the wrongful dismissal we will talk about Exclusions and qualifications, to measure this procedure we must consider the employee

  2. IR Laws unnecessary or indispensible

    held workers should receive a '[f]air and reasonable wage' based on '[t]he normal needs of the average employee, regarded as a human being living in a civilized community'.46 However, in his judgment Higgins J identified problems associated with '[t]he one sided nature of the employer's valuation' of wages in an

  1. Employment Law

    The procedure and qualification for an individual contract of employment is laid out in the Employment Rights Act 1996 (Part I Employment Particulars), this requires the employer to provide a statutory written statement of particulars of employment, s.1(4) specifically requires that the statement includes particulars in regards to substantive

  2. employment law problem question

    The third issue is that, after Albert had objected the decision his discontinued bonus he was later informed that he had been selected for redundancy. With regards to this issue Barry would need to consider if Albert would have a right of unfair dismissal against Barry and Zephyr Autos, and

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work