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. Implied terms of the employer refer to issues such as dealing with grievances promptly. Frankie’s employer (the landlord) failed to take any action towards rectifying the problems highlighted of the sexual insults raised. When a complaint was made by Frankie, he “laughed it off.” This would be seen as an inappropriate response to a serious allegation by the tribunal.

There is a duty to exercise reasonable care for an employees’ physical and psychological well being. The landlord is guilty of failure to care for Frankie’s psychological well being as he made out that she was the one with the problem by saying she was so sensitive. He failed to put her mind at ease that the problem would be appropriately addressed and dealt with. In addition he failed to exert his authority during the incident to stop the discrimination continuing. Within the implied terms there is a duty to preserve trust and confidence in the employee/ employer relationship and Frankie’s employer failed to do this. Also there’s a duty not to act in any way that may damage the relationship; the landlord’s actions where contrary to these terms and were in-fact directly damaging to the relationship.

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In light of all this, Frankie’s employer was in the wrong. The advice for her would be to take action against her employers’ wrong doings. There is a strong chance she could make a claim to an employment tribunal for sex discrimination.

The employment tribunal is an independent judicial body that attempts to resolve disputes between employers and employees. It is advised that Frankie should take her complaint to the employment tribunal because of the benefits involved. By taking it to the tribunal, the case can be resolved speedily. A case may take many years to reach court ...

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