Law related to employment is considered as that area of law which not only regulates the relationship of employer and employee, but also state what is expected by both employees and employers. This law also states the directions given by employers to employees, rights of employees related to their work. There are various rights and obligations of employees which are stated by employment law and for them also who are not considered as employees. These rights and obligations are directly related with the employment of employee such as discipline related to employee, wages issues, leaves, how to resolve issues related to employee, etc. (CIPD, 2017).
For this Purpose Equality Act 2010 is introduced in UK which provide protection to the people at the workplace and in wider society also to the wider society. This Act also replace the various Acts from single Act.
Sources of employment law are Acts of parliament and regulations which are introduced by ministers of governments under Acts. This report states the three issues which are presented in the form of Task 1, Task 2, and Task 3. Lastly, this report states the conclusion which contains the brief of this report.
1. Employment law of United Kingdom defined the disability as impairment of physical or mental nature, and this impairment affect the ability of person for carrying out normal day today activities in adverse manner for long term. It must be noted that this disability also includes physical disability of person and also mental conditions and illness. Since the period 1995, United Kingdom considered the discrimination on the basis of disability is illegal with the law which is now incorporated as Equality Act 2010 (CIPD, 2017). Section 15 of the Equality Act 2010 states the provisions related to disability discrimination (Equality Act, 2010).
If disability of the employee lasts for 12 or more than 12 months then it is the duty of employer to avoid such practices which cause discrimination with employees because of disability. It is also the duty of employer to make reasonable adjustments which enable the employee to continue the work or return to the workplace in near future (Gov. UK, 2017).
In this case, both Des and Sarah fail to make a reasonable adjustment which helps the Diane to continue her work or in near future return to the workplace, and they also dismiss the Diane after offering $25000 as compensation. In this case, this behavior of employer can be considered as unfair dismissal on the ground of disability discrimination.
2. Gross misconduct includes theft, violence of physical nature, gross negligence, etc., and this misconduct is considered as serious in nature. There are number of acts which result in serious consequences and these acts are considered as gross misconduct (Gov. UK, 2017). In case of gross misconduct employer has right to dismiss the employee without giving notice to employee, but before dismissing the employee employer must follow disciplinary process. However, it is the duty of employer that if two or more employees are included in gross misconduct then employer must treat them equally. There is one exception also which states that employer can treat the employees in different ways also if circumstances of the employer are different.
In this case, Graham is dismissed by employer because of gross misconduct, but they did not dismiss the Jack even he commit the similar crime and situations of employees are also similar (ACAS, 2015).
3. As per the Public interest Disclosure Act 1998, employees has right to get protected against victimization and dismissal for making disclosure in some particular situations. Constructive defined as resignation of the employee because of the breach of contract by the employer or when employer fails to maintain the trust between the employer and employee. There is one more Act that is Equality Act 2010, which states that employer cannot conduct any practice which result in sex discrimination, and section 67 of the Act states the sex equality Rule.
In this case, Kelly make complaint to the Sarah about the gross misconduct of Jack and graham because of which Graham destroyed her car which states that employer does not provide any protection to Kelly under Public Disclosure Act. Kelly file resignation and this is considered as constructive dismissal (Employment Law, 2017).
4. According to the Working time regulations 1998, it is the duty of employer to ensure that employees are not working for more than 48 hours in every week, and employees through the agreement can opt out from this working period. This agreement must have notice period of three months but if agreement does not state notice period, then employer can give 7 days’ notice also to the employee. In the present case, Ralph opt-out for 48 hours as per the provisions of the Working Time Regulations, and he does not get any week off also (Gov.UK, 2017). Ralph stated that he is not able to work for so much time because of which Des dismisses him on the telephone. This dismissal can be considered as unfair because Des failed to serve notice period to ralph.
Strength in case of Diane: it is the duty of employer to make reasonable adjustments before dismissing the employee on the basis of disability, and such dismissal is considered as unfair if employer fails to ensure that disabled employee is not at disadvantaged (ACAS, 2016). Case law Griffiths v Secretary of State for Work and Pensions can help in understood this topic (Gelder, 2016). In the present case, both Des and Sarah fail to make reasonable adjustments and dismiss the Diane on the ground of disability.
Defense used by Des and Sarah in case of Diane: Dismissal on the basis of disability can be justified by employer by showing that employer made all the reasonable adjustments which they can make or employee is not able to work because of their disability or there is no different or lighter job is available for employer. In the present case, both Des and Sarah dismiss the Diane after considering her condition, and offered her $25000 which is almost her year’s salary.
Strength in case of Graham: it is the duty of employer to treat similarly to employees which commit similar crime such as gross misconduct. This rule is not applicable if situations of the employer are different. In the present case, Graham is dismissed by Des and Sarah because of gross misconduct, but they did not dismiss the Jack as he also commits similar crime in similar circumstances.
Defense in case of Graham: it is the duty of employer to follow disciplinary process before dismiss the employee because of gross misconduct by employee. Case law Harvey v Vista Hotels, is the important case in which tribunal stated employer does not follow fair procedure before dismissing the employee. In the present case, employer follow the disciplinary process by conducting the investigation and giving right of appeal.
Strength in case of Kelly: whistle blower has right to get protected from detriment or unfair dismissal under the Public Interest Disclosure Act 1998. It is necessary that such disclosure must be qualified as protected disclosure, and even then also employee is dismissed then such dismissal is considered as unfair dismissal (Rusell, 2017). In this case Employer failed to give protection to Kelly after whistle blowing and they do not even pay to cost of repairs to Kelly, and because of this Kelly gives her resignation which can be considered as constructive dismissal.
Defense in case of Kelly: in this case, there is no evidence which shows that Graham vandalized the car of Kelly.
Strength in case of Ralph: According to the Working time regulations 1998, it is the duty of employer to ensure that employees are not working for more than 48 hours in every week, and employees through the agreement can opt out from this working period. This agreement must have notice period of three months but if agreement does not state notice period, then employer can give 7 days’ notice also to the employee. In this case, Des failed to serve notice period to Ralph.
Defense in case of Ralph: Des can prove that Ralph asks for week offs even though he opt for 48 hours working regulations.
In case of Diane: if employer does not make reasonable adjustments for those employees who are suffering from any kind of disability then it will be considered as disability discrimination, and in case employer make such adjustments then it is also the duty of employer to ensure practices conducted at his workplace does not discriminate any employee. All these things can be understood through example which means reasonable adjustments include employer must change some duties of the employee. In this case, both the employers must ensure that practices conduct at their workplace must treat fairly with every disabled employee (ACAS, 2017).
In case of Graham: if any employee conduct gross misconduct, then as per the guidelines of ACAS every employer must follow disciplinary process before dismissing such employee. Disciplinary procedure is stated as that procedure in which some rules and standards are stated. It is necessary that procedure involves following things which are stated below:
In this case, employer must make such rules so that they can avoid conflicts in near future.
In case of Kelly: it is the duty of employer to make sure that proper framework stated at the workplace related to whistle blowing, and it is necessary that such framework state the policy related to unfair dismissal. Such framework must include following things which are stated below:
In case of Ralph: it is the duty of employer to make necessary arrangements related to working hours and these arrangements also manage the business conducted by employer. However, it not only helps the employer but also help the employees in managing their responsibilities related to both work and family. Various organizations are there which are dealing with the issues to comply with the demand of 24/7 and also to comply with the needs of employees. These provisions increase the flexibility at workplace such as flexible start and finish times (ACAS, n.d.). In the present case, employer must make these regulations for increase the effectiveness of working hours.
It is necessary for Des and Sarah to impose proper framework in their organization, so that they can avoid future conflicts in the future and also help them in making the workplace better.
Conclusion:
This report states the various provisions of employment law which not only introduce the rights and duties of employer and employee but also state the laws which ensure these rights and penalized the person who breach the provisions of these acts. This law also provides various protections to the employees against the dismissal on the basis of disability, sex discrimination. This law also provides the protection under PICD. Therefore, it is clear that this report not only states the various provision of employment law but also includes the deed discussion on right and obligation of both employer and employee.
References:
ACAS, (2013). Public interest and whistle-blowing. Available at: https://www.acas.org.uk/index.aspx?articleid=3997. Accessed on 21st July 2017.
ACAS, (2015). Dismissing staff. Available at: https://www.gov.uk/dismiss-staff/dismissals-on-capability-or-conduct-grounds. Accessed on 21st July 2017.
ACAS, (2016). Disability discrimination: key points for the workplace. Available at: https://www.acas.org.uk/media/pdf/d/b/Disability_discrim_keypoints_workplace_28_09_16tc2.pdf. Accessed on 21st July 2017.
ACAS, (2017). Disability discrimination. Available at: https://www.acas.org.uk/index.aspx?articleid=1859. Accessed on 21st July 2017.
ACAS, Discipline and grievances at work. Available at: https://www.acas.org.uk/media/pdf/r/2/D_G_Booklet_8-08_for_web.pdf. Accessed on 21st July 2017.
ACAS. Working hours. Available at: https://www.acas.org.uk/index.aspx?articleid=1373. Accessed on 21st July 2017.
CIPD, (2017). About employment law. Available at: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/about. Accessed on 21st July 2017.
CIPD, (2017). Disability and employment. Available at: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/disability-discrimination/factsheet. Accessed on 21st July 2017.
Employment Law, (2017). Employment Law Guide. Available at: https://www.employmentlaws.co.uk/downloads/freelawguide.pdf. Accessed on 21st July 2017.
Gelder, E. (2016). Discrimination arising from disability: five examples from case law. Available at: https://www.personneltoday.com/hr/discrimination-arising-from-disability-case-law-five-examples/. Accessed on 1st July 2017.
Gov.UK, (2017). Dismissals due to illness. Available at: https://www.gov.uk/dismiss-staff/dismissals-due-to-illness. Accessed on 1st July 2017.
Gov.UK, (2017). Dismissals for conduct or performance reasons. Available at: https://www.gov.uk/dismiss-staff/dismissals-due-to-illness. Accessed on 1st July 2017.
Gov.UK, (2017). Dismissing staff. Available at: https://www.gov.uk/dismiss-staff/unfair-dismissals. Accessed on 1st July 2017.
Griffiths v The Secretary of State for Work & Pensions [2015] EWCA Civ 1265.
Rusell, T. (2017). Employment Law Guide. Available at: https://www.tim-russell.co.uk/upimages/employment%20guide.pdf. Accessed on 21st July 2017.
Equality Act 2010- Section 15.
Equality Act 2010- Section 136.
Equality Act 2010- Section 67.
Harvey v Vista Hotels (2015).
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