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(2008, 3500 words)
The dissertation proposes research into the effects of redundancy on employees in the UK exploring whether current legislation gives employers or employees an advantage. A review of literature is presented to indicate that for employers, redundancy can be used as a strategic tool to ensure that the firm remains flexible; for employees, redundancy can be a stressful period creating job insecurity. Although theoretically the law protects employees from unfair dismissal resulting from redundancy, the research seeks to define whether this happens in practice, using primary methods of data collection, i.e. interviews with managers, employees, trade union members and lawyers.
(2006, 2000 words)
The paper examines the issues of discrimination and sexual harassment in the workplace discussing the Equal Pay Act 1970 and the Sex Discrimination Act 1975 of the UK Parliament. The cases related to the topic are reviewed; the responsibilities of HR departments within organisations are outlined.
(2006, 3200 words)
The key factors that this report will consider is whether Christian SalvesenĢs sickness policy does comply with the Disability Discrimination Act 1995 (DDA). This report will first consider the provisions of the DDA and what it states in relation to sickness and disability, therefore it will consider DDA case law and the required adaptations that companies must take in relation to disabled employees. Finally, it will consider the Christian SalvesenĢs sickness absence management policy and whether it satisfies the requirements of the DDA, in which recommendations to the company will be put forth. Prior to this discussion this report will briefly consider the theoretical background to the DDA and why such provisions are essential to employment law.
(2005, 1000 words)
The paper examines the effects of the National minimum wage (NMW) increase in the UK reviewing the arguments of the Trade Union Council (TUC) and highlighting the benefits and drawbacks of the NMW rise on the basis of the Multiplier effect theory, the work-life balance theory, etc. EU initiatives to limit the length of the working week are discussed.
(2006, 2500 words)
The paper examines the term ‘course of employment’ discussing controversies in its interpretation using examples of law cases and making references to the notions of vicarious liability, emergency measure, protection of the employer’s property, negligence, a duty of care, etc.
(2006, 3500 words)
The paper analyses a complaint of sexual harassment related to the pictures on the company’s intranet that the complainant found offensive. The case is discussed with reference to the Sex Discrimination Act 1975, the definition of sexual harassment, the terms of the employment contract, the duty of mutual trust and confidence, vicarious liability, etc. Another case discussed in the paper relates to redundancy caused by an employee’s disability. Disability Discrimination Act 1995 is applied in the case analysis discussing the reasons for the employee’s dismissal.
(2006, 1000 words)
The paper analyses a law case related to the National Minimum Wage Act (NMWA) 1998 outlining the grounds of appeal, explaining the concept of “curia advisari vult”, discussing the use of common sense together with the current law by Lord Bingham in interpreting the NMWA, etc.
(2006, 1000 words)
The paper argues the legitimacy of drug and alcohol testing of employees reviewing the economic impacts of employee substance abuse on their work performance, the related health issues, the ethical aspects of subjecting employees to testing, the legal boundaries of the right to privacy, etc.
(2006, 2000 words)
This paper examines the concept of ‘prima facia’, or a civil wrong, in the context of trade union immunity, arguing if a strike can be considered as a dispute and outlining potential remedies available to Stand and Deliver against Delivery Drivers Union (DDU). The question of assessing a strike action as lawful or unlawful is discussed.
(2004, 4500 words)
The paper examines the issues of working time legislation discussing the economic and social reasons behind the working time reforms in France and Germany, the management of working hours reduction and the reform process, organisational and societal benefits of the reforms, their implications for employees’ private life, etc.
(2006, 2500 words)
The paper reports on recent legal changes in the UK employment law reviewing law cases related to equal pay, sex and disability discrimination, vicarious liability, civil partnership, etc. and discussing their effects on employers.
(2006, 2500 words)
The paper examines the case of an employee discrimination reviewing the UK Employment Rights Act (ERA), the Human Rights Act (HRA) and discrimination legislation. Cases of direct and indirect discrimination are discussed advising the victim on his legal claims.
(2006, 1000 words)
The paper reviews UK legislation on industrial relations comparing it to that of the continental Europe, and discussing the change in the understanding of voluntarism, the legal intervention in employee relation (ER) systems, the introduction of new legal procedures to regulate ER, etc.
(2006, 1500 words)
The paper examines employment law legislation with reference to the case study of sexual harassment and sex discrimination in Frizan Spa Water Ltd. The legal aspects of managerial and employee behaviour are analysed discussing the reasons for the possible disruption of the company’s workforce.
(2005, 1500 words)
The paper examines the impacts of the UK National Minimum wage Act (NMWA, 1998), defining the concepts of ‘pay’, ‘worker’, etc., and discussing the application of the NMW with respect to employee wage, working time categories, individual rights for workers, etc.
(2005, 2500 words)
The paper examines the legal aspects of change management in case of a breach or change of employee contract. The issues of employee protection under mergers and acquisitions, transfer of undertakings, redundancy dismissals, etc. are addressed. The activities of ACAS (Advisory, Conciliation and Arbitration Service) organisation are reviewed.
(2006, 2000 words)
The paper examines the history, causes and consequences of strike actions providing definitions and typology of strikes and discussing the South African Labour Relations Act on employees right to strike.
(2006, 2500 words)
The paper examines the recent amendments within discrimination acts in the UK employment legislation related to age discrimination, sex discrimination, disability discrimination, marital status discrimination, etc. Each act is described; proposed changes to each act are highlighted. The impacts of the amendments on businesses are discussed with reference to Marks and Spencer.
(2006, 1000 words)
This essay looks at the influence of the European Union on employment law in Britain, particularly its influence on discrimination law. This paper concentrates on sex discrimination, what counts as sex discrimination, and what are the remedies. It also looks at the other protections provided by the Sex Discrimination Act 1975.
(2005, 2000 words)
The paper looks at the inequality of employment relationships established through the contract of employment, comparing the duties of employers and employees and discussing the issues of employees vulnerability to exploitation and unfair treatment. The functions of statutory regulations in employment relationship are outlined.
(2004, 1100 words)
There are many states in United States of America like Arizona that have enforced the provisions of ‘right to work in their constitutions so that none of their citizens are denied the right to get employment merely because they are not members of a labor organization. Many other states have not implemented these ‘right to work laws. Given below is a comparative study of the advantages and disadvantages of both the systems and how Arizona has benefited by adopting this law. The plentiful workforce was suitably supported by the government machinery leading to the improvement of the economic status of the state. Moreover, the workers are given the right to determine whether they want to join a labor organization and those who coerce others to do so as a precondition to getting employment are considered to be acting against the laws of the state. Critics of the law, however, maintain that it neither creates any new jobs nor does it guarantee employment. They are further convinced that this law aggravates tendencies for racial discrimination and exploitation of workforces under low wages. Statistics shows that the workers of the states, which have adopted this law, earn much less than the workers of the other states and this has led to poverty, lesser health care and poorer educational facilities. On the other hand, the workers of the states that have not adopted this law earn better wages and this has led to a general improvement in living conditions. The debate is still going on regarding the efficacy of both the systems but it has been suggested that proper legal and expert opinion should be taken before adopting any law
(2006, 3500 words)
This essay considers the new privacy laws affecting employment. It establishes the main concerns regarding employment rights and questions the validity of employer autonomy. By evaluating substantive case-law as well as an array of academic material, the essay discovers that there is a fine balancing act which needs to be achieved if privacy at work is to satisfy both the employee and employer. The conclusion confirms that a balancing act needs to be established and that human rights issues need to remain paramount.
(2006, 2400 words)
This essay examines the law relating to unfair dismissal as opposed to wrongful dismissal. It investigates whether wrongful dismissal has been superseded by unfair dismissal in most predisposed situations or if wrongful dismissal is still relevant to certain situations in todays modern working environment. The second part of the essay is based on a problem which investigates the law relating to redundancy, grievance procedure, contract for services or of services and sub-contracting.
(2006, 4000 words)
The paper reports on the recent changes in the UK legislation concerning paternity leave and the leave for carers of sick and elderly relatives. Opinions on the diversity in workforce are reviewed focusing on the analysis of political, social and economic implications of the “Work and Families bill” and its comparison with the previous legislation related to the subject.
(2005, 5200 words)
This work is an answer to the hypothetical problem involving application of employment and medical law of negligence. The turning point of the essay is the liabilities that arise on the part of the employer under the employment law, and possible liabilities that arise under the medical law of negligence on the part of both the employer and the employed. The work thus discussed the nature of the employment relationship and implied duties on the part of the employer in relation to the employee, supported by the relevant case law. In relation to medical law of negligence the work looks at the standards and duties that would arise on the part of the authority; which can be held directly or vicariously liable for the acts of the employee. It then looks at the duties and standards of care that must be proven to exist by the patient if he wants to bring an action for negligence against the doctor.
(2005, 2910 words)
This is a short answer to two separate questions involving two separate areas of law. The first answer is on business organisations, where the basic and essential differences between partnerships and companies are outlined; including management, general operation, legal status etc of such organisations. The second part of the essay involves unfair dismissal and nature of the relationship. The essay considers all the relevant case law and tests that are required to establish whether there had been an employer/employee relationship between the parties, and whether there had been the case of unfair dismissal on the part of the employer and what, if anything, will be available to the victim of unfair dismissal, as a remedy.
(2005, 1500 words)
Disabled people remain one of the most discriminated against and unprotected social groups. This has in part resulted from their treatment as second class citizens, protected under social welfare and charity law. However, major pieces of legislation, including the US Americans With Disabilities Act of 1990, EU Framework Employment Directive and UK Disability Discrimination Act of 1995 have helped to herald a way forward. As a result, measures have been put in place to enforce countries and businesses to comply with legislation aimed at preventing employment-related discrimination and equality for disabled people. This proposal outlines the background to this critical review of the literature and law surrounding the employment rights of disabled people in the UK and US.
(2005, 2800 words)
This essay deals primarily with the issue of dismissals in the context of employment law. In the first instance it has been looked at wrongful dismissals and then gone on to consider unfair dismissals. The paper starts by explaining both concepts and then advised the parties on the best course of action: i.e. to bring an action for unfair dismissal. The paper advised the parties on the relevant statutory grievance and disciplinary procedures which they must exhaust before initiating their claims of at all, at the employment tribunal. The paper also considered other incidental issues raised such as the after-discovered misconduct of Andy during the course of his employment, but which his employers were ignorant of as at the time of the disciplinary hearing. Also it has been considered the employers refusal to allow Bert have a companion present during the disciplinary hearing as well. It has been then gone on to consider the remedies available to both Andy and Bert and what effect their prior misconduct will have on any monetary award. Finally it has been looked at the procedure for bringing a claim to an employment tribunal, particularly in the light of claims made outside of the three-month time limit.
(2005, 3000 words)
The purpose of this essay is to consider the employment laws in relation to discrimination and unfair dismissal issues in the work place. As this is a problem question, the issues have been dealt with a tailored manner, i.e. in such a way as to effectively deal with the particular issues raised. In the first part of the essay, I have looked at issues relating to sex discrimination, particularly in relation to women. I have considered what conditions to be satisfied before a claim for sex discrimination ought to can be brought to the employment tribunal. In the next part I look at the incidental issue of protection of wages and more specifically, the deduction of wages in retail employment. In the final part I looked at the dismissal of employees in the context of both wrongful dismissal and unfair dismissal. I have considered the procedural issues that both parties ought to subscribe to before bringing a claim to the employment tribunal. As the question asks, I have considered the legal and procedural issues using a comparative approach. The country of comparison used is Canada. Canadian labour laws are known to be historically fair and just in favour of the employee as opposed to its neighbour the United States of America, which has very stringent labour laws. The comparison carried out therefore shows that Canadian labour laws are somewhat of a mirror image rule of the UK labour laws.
(2005, 2500 words)
This is the answer to the problem question in the form of advice to the party who had been issued with the dismissal notice and subsequently dismissed without having his trade unions representative being present at a meeting where the issue of dismissal had been discussed. The ground for dismissal was absence from work on two occasions due to sickness that was caused by the discriminatory conduct of the co-worker. The advice is being given whether the suffered party has any claims and against whom.
(2003, 2500 words)
The paper discusses following statement: "In October 2000, the Human Rights Act (1998) came into effect. It is, however, too early for its significance in the field of UK employment law to be determined".
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