Employment Law Essay

1626 words - 7 pages

This advice is prepared for Elodie in relation to her summary dismissal as an employee of Jumping Jack’s Day Nursery (the “Nursery”). At the outset, we would ask to see Elodie’s contract of employment and other written terms such as a staff handbook, which govern her relationship with the Nursery. This advice will consider statutory measures and case law together with the ACAS Code of Practice.
In advising Elodie there is a need to firstly confirm her eligibility to bring an unfair dismissal claim and any other action. Pursuant to s. 94 Employment Rights Act (“ERA”) 1996, all eligible employees have a right not to be unfairly dismissed. Elodie has been continuously employed for more ...view middle of the document...

The Nursery will need to convince a tribunal that the primary reason for Elodie’s dismissal falls within one of the six permitted reasons under s. 98(1) and (2) ERA 1996. The burden of proof in explaining the procedure for the dismissal will be on the Nursery and they will argue that their decision relates to Elodie’s ‘conduct’ in shouting and pushing Sam. The Nursery will have to show evidence of their genuine belief in respect of Elodie’s gross misconduct. In addition to the episode involving Sam, the Nursery has averred in their grounds for dismissal that Elodie’s “manner” was an aggravating factor.
Although the burden of proof regarding the fairness of the dismissal is neutral, the tribunal will expect the Nursery to show and substantiate that they acted in the manner of a ‘reasonable’ employer under those circumstances. The test for reasonableness is detailed in s. 98(4) ERA 1996 and a tribunal will seek to deduce the facts so as to scrutinise the grounds of dismissal.
The Nursery is required to discipline Elodie in accordance with the ACAS Code (as a minimum). A failure to follow the Code will not render a dismissal automatically unfair.
The Nursery is required to establish the facts without unreasonable delay. It is averred that the Nursery have failed to “keep an open mind and look for evidence which supports the employee’s case as well as evidence against”. The Nursery should have adopted a more rational approach as their need to “have the matter sorted out quickly” has undoubtedly compromised their investigation.
The Nursery was aware that Elodie sought to have her trade union representative present at the disciplinary hearing contrary to s. 10 ERA 1999. The refusal of the Nursery to rearrange the hearing to a time when the representative was able to attend may be deemed detrimental in the circumstances. Therefore, it is averred that Elodie “has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer”. Moreover, from the facts, the Nursery failed make “clear to the employee that dismissal is a possibility” as an outcome of the hearing. Not only have the Nursery isolated Elodie in having her attend the hearing alone, but they have failed to explain that she has a right of appeal. These fundamental terms are described as the “core principals of reasonable behaviour” by ACAS which have been neglected by the Nursery.
At the disciplinary hearing, Elodie was informed that staff had complained about her “aggressive and confrontational manner”. It should be queried with the Nursery why Elodie was not informed of these complaints and disciplined accordingly. During Elodie’s length of service of 4 years, she has not been made aware, nor has she been warned, of these complaints.
The reasonableness of the Nursery’s belief (and actions) in dismissing Elodie will be examined in accordance with the three-part test set out in British Home Stores Ltd v...

Other Papers Like Employment Law

Employment Law Essay

866 words - 4 pages , even nations to concern about the employment relationship. ('UK'). What is Employment Law and why is it important? Employment laws are put into place to protect employees from any mistreatment by their employers and are a vital part of a country's efforts to protect its citizens. Most countries have their own version of laws protecting workers, but in general, employment laws address the following concerns: employees being overworked, placed in

Employment Law Essay

3057 words - 13 pages Employment Law Assignment LEWIS JAFFA 3000 words Employment law is a necessity to promote greater flexibility in the labour market alongside a commitment to social justice and cohesion. Employment law is also required for support social security policies such as the minimum wage and encouraging single parents into work. There is also a social commitment by employment law to ensure good, minimum standards of protection for employees

Employment Law

1749 words - 7 pages that is based on the interviewer’s viewpoint and they may have a strong opinion on the subject that could cause the candidate not to be hired if they answer yes to the question. Employers should be fully aware of employment and anti-discrimination laws in their hiring skills. There are no single rules that cover the employment law for all employer or the employees and business leaders are who aware of the complexities of discrimination and

Employment Law - 1497 words

1497 words - 6 pages "Employment Law." Please respond to the following: * Analyze Garcetti v. Ceballos, to determine whether or not the Pickering balancing test is applicable to this case and state why or why not.  In the case of Garcetti v. Ceballos, the issue is, “whether job-related speech of public employees should have First Amendment protection” (AAUP, 2014). Richard Ceballos, an employee at the LA County district attorney’s office, suspected that a

Employment Law - 904 words

904 words - 4 pages Employment Law University of Phoenix Business Law BUS/415 Employment conflicts and other issues such as harassment and prejudice have been present in the workplace for many years. Prior to 1964 these practices were accepted by employers and employees alike. The military was no exception to the rule and chose to discriminate against individuals based on both race and sex on a regular basis. After the passage of the Civil Rights Act of 1964

Employment Law - 798 words

798 words - 4 pages Employment Law by Liberal Arts and Sciencs Professor Nicholas Alimaras BSBA DeVry University 11/27/2011 1. In late July 1990, Wilson, a Roman Catholic, made a religious vow that she would wear an antiabortion button “until there was an end to abortion or until she could no longer fight the fight.” The button was two inches in diameter and showed a color photograph of an 18- to 20-week-old fetus. The button also contained the

Employment Law Compliance Plan

1359 words - 6 pages Employment Law Compliance Plan HRM/531 June 6th, 2015 Employment Law Compliance Plan Memorandum To: Traci Goldman From: Date: 06/06/2015 Subject: Employment Laws Regarding your request, I am to prepare an employment law compliance plan for Ms. Mary Lee Luther, HR Director for Clapton Commercial Construction. I understand that the company is based in Detroit, Michigan but would like to expand their business in Arizona. The

Employment Law Scenario

1223 words - 5 pages Employment Law Scenario Meredith Andres Law 575 November 3, 2013 Professor Jonathon Jamieson Employment Law Scenario In managing a limited liability company (LLC), the managing team should have the ideas of the goals the company has set forth for the opening and future of the company. This includes the integrity of the management members which speaks volumes about the company they work for. Employment law is included in this ("The Fast

Employment Law Compliance Plan

1065 words - 5 pages Employment Law Compliance Plan Employment Law Compliance Plan Michelle Houston HRM/531 November 26, 2013 Joann Spurlock Employment Law Compliance Plan Michelle Houston HRM/531 November 26, 2013 Joann Spurlock Memorandum To: Traci Goldman From: Michelle Houston Date: November 26, 2013 Subject: Employment Laws Regarding your request, my task is to

Employment Law Compliance Plan

1482 words - 6 pages Clapton Commercial Construction, Detroit, Michigan To: Whom it may concern From: Erin Milz CC: Atwood and Allen Consulting Date: November 9, 2014 Re: Employment Law Compliance Plan Per the conversation, I have been given the opportunity to construct an employment law plan for Clapton Commercial Construction. Given my knowledge you are planning to expand your business to Arizona. Right now you have 650 employees and plan on adding 20

Employment Law Compliance Plan - 706 words

706 words - 3 pages Employment Law Compliance Plan TO: Traci Goldeman, Manager, Atwood and Allen Consulting FROM: Yvette Calderon, Market Research Assistant DATE: February 17, 2014   Employment Law Compliance Plan Business Regulatory Enforcement Fairness Act or SBREFA was passed by the congress in 1996 because of the concerns made by small business community. SBREFA was formed to help the small business in understanding and compliance with regulations. OSHA

Related Essays

Employment Law Essay 653 Words

653 words - 3 pages Employment Law Compliance Plan HRM/531 MEMORANDOM To: Bradley Stonefield, Owner From: Date: June 8, 2015 Subject: Employment Law Compliance Plan Thank you for taking the time to speak with us today. Per our discussion, I would like to address the employment laws that are specific to both Texas and federally. The consequences for noncompliance of these employment laws will be addressed as well. Laws we will discuss are

Employment Law Essay 1012 Words

1012 words - 5 pages Employment Law Employment Law In this paper I will go over the history of employment law and a couple of the significant acts that have been passed to protect employees in the United States. These employment laws are Age Discrimination Act Family, Americans with Disabilities Act and Medical Leave Act (FMLA), and Pregnancy Discrimination Act. These employment laws have been proven to be efficient in providing people with equal

Employment Law Essay 1507 Words

1507 words - 7 pages Employment Law Compliance Plan HRM/531 - HUMAN CAPITAL MANAGEMENT August 01, 2013 Robert Enderle Employment Law Compliance Plan MEMORANDUM TO:   Traci Goldman FROM:   DATE: July 31, 2013 Subject: Employment Law Compliance Plan I am tasked with creating an employment law compliance plan for a Bradley Stonefield. He is creating a

Employment Law Essay 2144 Words

2144 words - 9 pages Employment Law Tammy Cox Columbia Southern University Index Introduction 3 Discussion 3 Health and Safety 3 Unions 4 Discrimination 6 Disability 7 Privacy 7 Job Security 9 Conclusion 9 Employment Law Introduction Employment Law is applied by the department of labor while expressing the USA employment laws and regulations. The purpose of employment law is to protect the rights and mistreatment of any employee working