Employment Law Case Study

Understanding Employment Law and Discrimination Issues

ASSESSMENT QUESTION 1

Advise to Mr. Daniel:

Legal rights

The Employment law of the UK has been established to avoid the disruption of discipline in work culture and structure and to steer clear of redundancy of the same. The case in which Mary has been treated illegally has to be considered by Mr. Daniel based on the Employment law of the UK, 1996. In this law, it has been mentioned that an employee must be considered permanent when an employee covers the probation period of 3 months and ensure the satisfaction level of the employer (Cornelius et al. 2019). The same has been considered due to the utilization of industrial establishments, leave, or lock-out and among these considerations have not been shown in the case of Mary. In this regard, it is right of Mary to be considered as permanent staff and Mr. Daniel was supposed to remove the tag of employing Mary on a “zero-hour bases”. As per the Contract law, it has been determined that an employee must not work more than 48 hours weekly, and, in this regard, working hours of Mary has been amended while maintaining twenty hours per week.

The legal determination of overtime has been amended in the case of Mary, and, in this regard, Mr. Daniel cannot be blamed. As per an article authored by Karaman et al. (2020), the guidance of the Employment law of the UK, 1996 has been maintained by Mr. Daniel as he has included the terms for not establishing permanent employment with Mary for five years without the agreement of being recognized as a permanent staff which has been agreed by Mary. However, it has been advised to Mr. Daniel that he must provide the money in lieu and the money of the National Insurance which has been deducted by Mr. Daniel every month from her salary.

The right to be a contractual faculty is to be a staff who has been hired on a part-time basis and must involve in the employment while conducting a "fixed period". As per the statement of Fahy et al. (2019), the maintenance of “leadership and governance of health” must be involved with the relevant approach toward reducing the negative repercussions on the employees. The same approach is needed to be amended by Mr. Daniel while providing relevant consideration of allowing a written contract of employment or a written statement to Catherine who has crossed the period of probation that is of 3 months and has been working for six months. As Catherine holds the accountability and rights both for deserving the same, she possesses the power to ask relevant judgment from the end of court instead of employment tribunal proceedings. Besides this, it has also been advised to Mr. Daniel that he cancel the dismissal of employment and provide the “money in lieu” to secure the reputation of Birmingham Metropolitan University. As Mr. Daniel has conducted the dismissal without notice, he has to ensure relevant specifications regarding providing notice well in advance around 14 days as per the law to the employees so that they conduct relevant alternatives which is an essential ethical consideration as a “Director of Human Resource Management”.

Any discrimination must be considered from the end of management regarding religion, caste, or about racism. In the case of Alina, the management especially the manager of the social club, Samuel must consider the Equality Act 2010, which makes provision for making “strategic decisions” regarding having equality among the consumers and employees regardless of the discrimination of sexuality, caste, religion, and other inequalities. As per the views of Mangan (2020), the consideration of maintaining similar rights has been supported by legal confronts and the same must be protected from the end of organizational management. In this regard, Mr. Daniel has been advised to provide a warning to Samuel regarding the discrimination he has conducted against black customers. Apart from that, it is the responsibility of Mr. Daniel to make him understand the same awareness he must possess toward all the customers regardless of racism. This section includes the determination of legal rights possessed by Catherine and Alina against the actions of the management of Birmingham Metropolitan University.

Recommended actions to avoid a recurrence of a similar phenomenon

The relevant recommendations which are needed to be followed by Mr. Daniel regarding the case of Mary are to maintain specific ethics regarding independent contractors and the economic dependency of the employee is needed to be assessed before employment to ensure the considerations for the long term. Besides this, it has also been recommended that the association of conflicting evidence must be approached as per the experience of five years that Mary possessed (Doyle et al. 2019). In this regard, some compensatory approach is needed to be performed from the end of Mr. Daniel and should offer her re-employment as she possesses relevant experience.

The removal of “zero-hour bases” policy is needed to be removed and only be aligned if the employee completely understands the cons of the same with legal amendments and advisor. As stated by Wilson (2019), the approach toward considering mutual obligation has to be judged before any taken decision so that it does not backfire on the policies or reputation of an organization itself. The conclusive solution to the associated issues regarding Mary has to be removed while providing a negotiating session with considering the expert advice of Personal & Business Law. Apart from that, the re-structuring hiring and removal of the employees are needed to be conducted (Taylor and Emir, 2015).

use my discount

The recommendation which has been provided to Mr. Daniel regarding the case of Catherine is to implement legal entitlements to receive the statement of contract of employment. The major and most imperative solution in this regard is to associate significant written solutions and contracts between the university and Catherine. As narrated by Kim and Bodie (2021), the claim of the statement must be improvised from the end of the Human Resource Management after covering the provisional period of 3 months. In this regard, the same has been recommended to Mr. Daniel while implementing Employment Rights Act 1996 S 1. Besides this, the right of employees of contacting employment tribunal proceedings must be banned or lessened to reduce the reach of the employees toward the same.

The claim of compensation is needed to be permitted and in the case of Catherine, Mr. Daniel must provide money in lieu so that it determines the responsibility from the end of management. As influenced by Trevino and Nelson (2021), the tribunal considerations or their rights must be lessened which alternates the organizational mechanism. The maintenance of statutory origin is needed to be altered as conducting flexible actions regarding the importance of the situation and judicial circumstances must be consulted by experienced advisers before conducting any step. This is the most essential statement as well as a suggestion provided to Mr. Daniel for conducting further decisions on employment payment (Taylor and Emir, 2015). Besides this, holding the payment possess the potential to reduce the reputation of the university which is expected to be altered immediately by providing re-employment notice and apological notes. Mr. Daniel has been recommended to consider penalty or show-causing against Samuel for possessing and spreading unfair practices through determining Unfair Employment Relations Authority (ERA). Besides this, the maintenance of the “Equality Act (Sexual Orientation) Regulations 2007” has to be included while training the HR managers to not conduct any redundancy.

ASSESSMENT QUESTION 2

Advise to Ms. Eweida:

Legal rights

The legal rights which are needed to be considered by Ms. Eweida while following s.9 of the Equality Act 2010 are to eliminate discrimination and under this approach, she possesses relevant rights for asking the penalties as well as compensation of the unemployed months. As per an article authored by Gerpott et al. (2022), every organization must provide relevant knowledge regarding the maintenance of “Employment Equality (Religion or Belief) Regulations 2003” so that no discrimination against religions of similar beliefs is hurt. As it possesses the “right to freedom of thought, conscience, and religion”. Apart from that, the right of Ms. Eweida as an employee of British Airways (BA) is to consider occupational right treatment. Besides this, the amendment of relevant cases must be put by Ms. Eweida while maintaining the terms and conditions of “The European Convention on Human Rights (ECHR) Act”.

The approach of conducting “Equal Treatment in Employment and Occupation 2007/78/EC” must be considered with a rigid belief by this employee to bring changes in the mindset of the recruiter team as well as the entire managerial hierarchy so that they possess the mindset of maintaining equality and permit of uniformities. As per the statement of Guzman and Espejo (2019), the reduction of indirect discriminating behavior or comments must be reported to the management so that they consider relevant steps. Besides this, Ms. Eweida must generate essential pieces of evidence to prove her allegations in court. High ethics and moral support are needed to be maintained from the end of this employee and she must maintain rigidity in considering the permit as well as the uniform policy (Taylor and Emir, 2015).

Recommended actions to avoid a recurrence of a similar phenomenon

The management is needed to be changed when it plays awful determinations, and, in this regard, Ms. Eweida has been recommended to consider compensation in court regarding the remuneration of the unpaid months. As per the words of Mueller (2021), the inclusion of Article 14 is needed to be managed and read by the management before conducting unethical practices and before hurting religious beliefs. Ms. Eweida possesses the potential to face the customers and deal with them with contingency the company has re-ensured the same position after offering the post in which she does not need to face the customers in a “non-customer facing role”. To not accept the offer of considering employment in the “non-customer facing role” is an essential decision and this must be maintained by Ms. Eweida for further consideration and alternation.

The contingency of following “Article 9(2)” has been recommended to Ms. Eweida so that she provides a clarified vision toward “necessary in a democratic society” to possess her freedom regarding personal choices and beliefs. As per the views of Buchanan and Goff (2020), the maintenance of the “EU Framework Directive for Equal Treatment in Employment and Occupation 2007/78/EC” has to be regenerated and received by the managerial hierarchy. To reduce the unethical practices of conducting indirect discrimination against the employees of British Airways (BA) Ms. Eweida is supposed to provide significant knowledge of the consequences of not maintaining the constitution of the laws of employment and relevant articles to reduce and obsolete the repetition of the same.

Advise to Ms. Ladele:

Legal rights

Legal rights have been established in the constitution for reducing discrimination at the national and international levels. In this regard, supporting the considerations that have been possessed by Ms. Ladele needed to be considered as obsolete as she possesses the vision of approaching dissimilar and antonymous considerations of maintaining equality. As per the conservations and objectives of “The equality Act (Sexual Orientation) Regulations 2007” reasons for providing legal entities of different beliefs regarding the “Dignity for All” policy has to be made understood to Ms. Ladele so that the becomes aware of the same. As influenced by Albadr (2019), possessing a similar vision and mindset as the organization motivates the employees, and, in this regard, Ms. Ladele must change her mindset toward reducing the disciplinary proceedings conducted from the end of herself. Besides this, she must possess the allowance to “same-sex civil partnerships” to show respect as well as a response toward the judgment of the nation as well as the organization. In this regard, it has been considered that there is no legal proceeding that is supposed to help Ms. Ladele, but on the contrary, she is supposed to change her determination toward the stereotypes and past beliefs. On the contrary, the maintenance of a specific approach toward proceeding with legal rights is needed to be conducted from the end of local authorities against Ms. Ladele if she does not conduct “same-sex civil partnerships” in the long run.&

References

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