Navigating the intricacies of Employment Law and formulating a comprehensive thesis statement

can be a daunting task. The complexities involved in understanding the myriad legal regulations,
precedents, and evolving standards make the process challenging for many students. Crafting a well-
researched and articulate thesis requires a deep understanding of the subject matter, extensive
research, and the ability to articulate complex legal concepts in a clear and concise manner.

Students often find themselves grappling with the sheer volume of information, legal nuances, and
the need to stay updated on ever-changing laws and precedents. This task demands meticulous
attention to detail, a profound understanding of legal frameworks, and the ability to synthesize vast
amounts of information into a cohesive argument. The pressure to deliver a thesis that not only meets
academic standards but also contributes valuable insights to the field of Employment Law can be
overwhelming.

In such a challenging academic landscape, seeking assistance becomes a prudent choice. ⇒

By choosing ⇒ HelpWriting.net ⇔, students can alleviate the stress associated with crafting a
thesis on Employment Law. The platform provides a dedicated team of writers who understand the
nuances of legal research and possess the expertise needed to produce high-quality, well-structured
thesis statements. With a commitment to excellence, ⇒ HelpWriting.net ⇔ aims to empower
students to overcome the challenges associated with writing a thesis, allowing them to submit work
that reflects a deep understanding of Employment Law.

For those navigating the intricate landscape of Employment Law and seeking support in articulating
a compelling thesis statement, ⇒ HelpWriting.net ⇔ offers a valuable solution. Trust in the
expertise of seasoned professionals to guide you through the complexities, ensuring that your thesis
meets the high standards expected in the realm of Employment Law.
The Employment Appeal Tribunal will determine whether the employer acted reasonably or
unreasonably in treating the established reason for dismissal as sufficient reason for dismissing the
employee, having regard to equity and merits of the case and to the size and administrative resources
of the employer’s undertaking. Wal-Mart is not liable for not requesting the criminal background of
Bobby since no Employment Law requires the company to do so. Hence, these strong sectors were
unable to sustain their business volume and cut down their employees thereby contributing to
unemployment across the uk. This was purely economic loss because the damage suffered by the
owner was neither material nor physical. Modernising European Union Labour Law: Has the UK
Anything to Gain? 22nd Report of Session 2006-07. (The Stationery Shop 2007). It is up to the
employer to establish the reason for dismissal and the tribunal will then decide if the employer acted
reasonably or unreasonably in treating the reason for dismissal as sufficient, taking into account the
size and resources of the organization. But, however, on the other hand, if no notice is given then the
contract is discharged in breach. Introduction should introduce the reader to the problem and include
questions you try to answer. However, by explaining the intricacies of the case, you can demonstrate
your ability to evaluate and implement it. On making an order for reinstatement the tribunal shall
specify. The employer should obtain clear prognosis of the employee’s disability and consider
alternative positions if possible. Pilkington plc in which the EAT held that there is no rule of law
restricting the period of events in respect of which an equal pay comparison can be made to six
years before the date of the application. It engages control in situations where the legal relationship
is minimal or non-existent. The particulars of the Employment Law are extensive and provide an
elaborate course of action to be adhered to at all times that revolves around all matters of
employment. Fortunately, Robert Keys is qualified with a computing degree with which he can be
considered for alternative employment involving computing within the company. Service
Commission where a condition was applied that applicant under the age of 28 years old. Almost all
of us—even if we don’t do it consciously—look early in an essay for a one- or two-sentence
condensation of the argument or analysis that is to follow. Upload Read for free FAQ and support
Language (EN) Sign in Skip carousel Carousel Previous Carousel Next What is Scribd. Indirect
discrimination may arise through unjustified conditions of employment, for instance, through
stipulating that applicants be of certain age or height, where these aspects are irrelevant to the
particular job. The first condition however, appears to be inadequate in that there is reference to the
some form of compensation which in and of itself does not distinguish an employee from any other
kind of worker. It was ruled that if a difference in pay was explained by financial constraints and a
promotion structure and not related to discrimination, then that was sufficient to raise a defense. It is
unlawful to discriminate on the basis of sex marital status in the context of employment and
education. Unemployment has been singled out as one of the crises that worry the uk government.
Article 5 of the Directive requires the employers to enable a disabled employee to participate in
employment unless it would cause disproportionate cost of burden on them. Retrieved December 9,
2012, from Legislation.gov.uk. Employees have the right to insist on reasons for dismissal in writing
under section 92(1) of the Employment Rights Act 1996. (ERA) since a written statement can serve
as evidence in any subsequent Tribunal proceedings. Pickering under the Employment Law was
perhaps a fair judgment (Haynes, 2003). Therefore, students, in order to avoid any kind of precarious
situation, take the help of employment law assignment writing experts. In Shamoon v. Chief
Constable of Royal Ulster Constabulary, the House of Lord provides a guidelines on this particular
aspect of discrimination law. The trucks were also subject to maintenance pursuant to the appellant’s
instructions.
To deal with the very first one, we start by describing the origin of Labour Courts, its constitution,
structure, treatments and powers, consisting of the Labour Appellate Tribunal, as the equipment for
disposal of numerous types of labour cause. The law provides protection to employees who have not
been paid all the salaries due to them. Time off, vacation and sick pay were not parts of the contract.
This will be through which You may get a direct influence on what your own. Gillian’s employer did
not have prior written consent to make deduction on a particular ground. The key issues here are
reason for her dismissal and. Retrieved December 9, 2012, from Legislation.gov.uk. Indirect
discrimination may arise through unjustified conditions of employment, for instance, through
stipulating that applicants be of certain age or height, where these aspects are irrelevant to the
particular job. The principle was applied in Bromley and Others v. H. J. Quick Ltd. The right need
not be unrestricted.15 Essentially what matters it the employer’s power to direct in the sense that the
relationship permits it. Keep on browsing if you are OK with that, or find out how to manage
cookies. But in recent years china seems to have become tech-savvy as well. The key issues here are
reason for her dismissal and whether her manager Shula has acted reasonably in treating that as a
reason to dismiss alongside the remedies. It should not contain detailed statistics but some useful
data to help readers understand the situation. However, be ready to research your preferred idea and
analyze information to write a high-quality essay. The international employment contract: ideal,
reality and regulatory function of European private international law of employment. ADEA in 1967
has abolished the discrimination in recruitment, transfer and compensation for the people aged from
40-64.The law was further amended in 1978 when the private organization employees can work up
to the age of 69 and in 1986 the law abolished the compulsory retirement for age together. The
Labour Court then continued to the next query, particularly whether the discrimination was
unreasonable. Therefore, learners should select topic ideas they can manage and work with
comfortably over time. The multiple test which was formulated by McKenna J in Ready Mixed
Concrete readily acknowledges that no one single criteria or set of factors can adequately determine
a worker’s status. Sodexho Defense Services Ltd v Steele (2009) Steele, the claimant was dismissed
for steeling about ? 10,000 over a period of time while she was in charge of bagging up the money
for the company, Sodexho she worked for. Here you bring the summary of your work, explaining
what you have actually found. We refer to that condensation as a thesis statement. S(4) ERA 96 4.
As a result, the ACAS Code of Practice is pertinent in “recognising the importance of procedural
fairness 5. You can bring the summary of results and return to the basic question of the work,
comparing the results with your hypothesis. There are certain automatically unfair reasons for reasons
for which minimum period of service for one year is not necessary. These experts are always readily
available to serve you with flawless assignments. Instead, Jas can bring a wrongful dismissal claim
governed by common law action for. These particulars are the rate of pay; the intervals at which it is
paid; terms and conditions relating to holidays including public holiday with sufficient information
to enable the entitlement to be paid precisely; the title of the job which the employee is employed to
do; the place of work; the length of notice which the employee is obliged to give and entitled to
receive to determine the contract. Also, if you’re looking for high-quality resources such as journals
and articles, pdf files, videos, research papers, e-books, and other secondary literature to write your
assignment task, then we can certainly help you out.
We use cookies to create the best experience for you. If the employer has not shown lawful reasons
for dismissal, not followed the set procedure and not given sufficient notice, the employee can claim
unfair or wrongful dismissal. Keep on browsing if you are OK with that, or find out how to manage
cookies. In Motorola Davidson was outsourced by Melville Craig, an employment agency to
Motorola. However, drawing on the observations made by Cooke J that it was impossible to compile
a complete list of factors to take into account when determining employee status,29 it is perhaps best
to leave the issue open. On the other hand a compensatory award involves reimbursement of actual
losses suffered by the employee and at the discretion of the Tribunal subject to a maximum of ?
65,300 with effect from 1 February 2010. If, however, if the matter was related to sexual
discrimination, the defense would not succeed unless the discrimination could be justified. More and
more studies show the importance of small and medium-sized enterprises in the uk economy. The
significance of pre-Equality Act 2010 case laws is also discussed. Notwithstanding a breach of
contract, unfair dismissals occur if they do not fall under one of the six fair reasons allowed by law.
However, the employer is free to incorporate in the contract of employment his right to terminate in
case of disability in spite of such disability benefits. They were not under a duty to take on work
offered. A thesis should summarize what is going to be discussed in the essay. In this case, the
employer is required to follow a fair procedure for dismissal that complies with the principles laid
down by case law. If it is not justified by an adequate reason, it will be considered as wrongful
dismissal. Payments in the nature of a non-contractual bonus are treated as wages, s. 27 (3). The Act
treats any situation in which the total amount paid is less than the total amount payable as a
deduction. Throughout LLRN Conference in Amsterdam, some labour law academics developed a
Facebook Group called Labour Law Research Network which continues to be active. Wallace on the
fact that female teachers did the same work but were paid at a lower rate. He should also allow a
companion to be present at the meeting. A dismissed employee can bring in a claim before an
Employment Tribunal within three months from the date of dismissal. The key issues here are reason
for her dismissal and whether her manager Shula has acted reasonably in treating that as a reason to
dismiss alongside the remedies. The organization or integral part of the business test was thought to
be an improvement on the control test. B. The Organization Test Lord Denning initially addressed
the difficulties associated with the control test in situations where a worker might be under the legal
control of one party and under the practical control of an employer. Introduction. Thesis Statements.
After you have brainstormed and you have some main. But in recent years china seems to have
become tech-savvy as well. Labour associated lawsuits is adjudicated by the regional and federal
courts of the UAE, nevertheless, all disagreements relating to labour matters need to initially be
referred to the Ministry. If there was fairness the Employment Tribunal still. Alternatively, both
employer and employee can mutually agree to refer the dispute before ACAS-appointed arbitrator
under the ACAS Arbitration Scheme which is meant for giving quicker, cheaper and an amicable
solution. The Texas Payday law is applicable to all businesses that are conducted in Texas with the
exception of public employers. Employment Rights Act 1996 C 18 FindLaw.UK. (n.d.). Unfair
Dismissals FAQs. Employee Status Introduction The European Union Committee of the House of
Lords characterised employee status in the UK as “confusing” and “contentious”.1 No single factor
determines employee status under UK law and often times, only recourse to an Employment Tribunal
will be able to determine employee status.
Additionally, the ACAS code entails that an employee has a right to be accompanied at a
disciplinary hearing and is also a statutory right granted by S Employment Relations Act 1999. The
multiple test acknowledges that no single criteria can be applied for the determination of employee
status. C. Multiple Test The multiple test comes closest to adjusting the distinction between a
contract of services and a contract for services than the control and organization test in the context
of modern labour market conditions. Employees properly denied employee status can also be denied
significant employee benefits such as unemployment and vacation increments. To deal with the very
first one, we start by describing the origin of Labour Courts, its constitution, structure, treatments
and powers, consisting of the Labour Appellate Tribunal, as the equipment for disposal of different
types of labour cause. However, be ready to research your preferred idea and analyze information to
write a high-quality essay. In paragraph 5 of the ACAS it entails that there should be a holding of an
investigatory meeting with the employee before proceeding to any disciplinary hearing. 6 There was
no investigation carried out by Shula, she simply asked her to “have a chat” in her office the day
after which was then turned into a disciplinary meeting. Typically, labour law covers commercial
relations, occupational security and health and labour requirements, labour law has actually
progressed significantly over the last few years, as acts are changed and work equity ends up being
more common. There are three core kinds of employments provided for by the Employment law of
Britain; employee, worker, and self-employed. Equality Act 2010 does not conflict with section 98
of ERA 1996. The tribunal considers just and equitable in all the circumstances having regard to the
loss caused to her by the unfair dismissal in so far as the loss is attributable to action taken by the
employer. The protection is not available to a person not willing to do or capable of doing a job
(Moffat, 2011). In this case the primary question was whether or not an interviewer who was only
casually involved was subject to contracts for services or contracts of services. The ACAS Code on
Discipline and Grievance is not applicable in cases of dismissals due to ill-health or capability. Read
the follow excerpt from an article’s introduction. We understand the penalty of copied content in
academic domain, so you can trust us blindly with our employment law assignment help. On the
other hand a compensatory award involves reimbursement of actual losses suffered by the employee
and at the discretion of the Tribunal subject to a maximum of ? 65,300 with effect from 1 February
2010. It was not until 11 years later that it became apparent that the foundations were defective. In
any event the time limit will not commence in cases where the employer deliberately concealed
relevant facts, until the employee knew of those facts. Labour associated lawsuits is adjudicated by
the regional and federal courts of the UAE, nevertheless, all disagreements relating to labour matters
need to initially be referred to the Ministry. Employment agreement for nationwide staff members
require not, nevertheless, remain in composing and the terms of work might be shown by any
methods of evidence permissible by law. The pay is not taxable but it will be offset against any basic
award for unfair dismissal in relation to the same dismissal. While this may lead to further confusion,
it will certainly dispense with the formulation of tests that continually fail to be appropriate and
applicable in future cases. If indefinite, the contract must have a provision for the period of notice
by the employer or employee. But, it might not help as law assignments require you to explain only
specific details pertaining to the case. You can also focus on the economic trade aspect when writing
a thesis on any of these ideas. Hence, these strong sectors were unable to sustain their business
volume and cut down their employees thereby contributing to unemployment across the uk. Sex
discrimination is also another issue that includes hiring only male candidates or o the basis of marital
status and it also includes sexual harassment among the women. (Bruce, 2005, p.21) C) Discuss
whether or not an employer can consider an applicant's or employee's age when making employment
decisions. The six years limitation has been challenged successfully in Kells v. A dismissal on the
grounds of disability does not make an automatically unfair dismissal. In the case Diary Produce
Packers Ltd v Beverstoc 10, it was held.
Pickering under the Employment Law was perhaps a fair judgment (Haynes, 2003). If the defect in
the building becomes apparent before any loss of injury or damage then the loss is purely economic.
But there is also a reasonable test, where there is no burden of proof placed on either party. The lack
of clarity and precision leaves far too much room for interpretation with the result that the employer
can rely on the tenuous nature for determining employee status as a means of avoiding contractual
duties and for escaping liability. With this in mind, it follows that if an employee has a relationship
with another employer, which affects the way the employee accomplishes tasks they can be
dismissed on grounds of not adhering to the regulations of the employer because they fail to
accomplish tasks assigned to them. They had a contract with the main contractor to lay a floor but
had no contract with Junior Books (JB) who had employed the main contractor. If the period of
service is two years or more but less than 12 years, one week’s notice is required for each year of
continuous employment. It is very important to know how long of the notice is required to lawfully
terminate the contract and it will depend on the terms of the contract, express and implied. The
employee shall have the right to ask questions, present evidence and raise points in regard to the
witness statements if any. Introduction. Thesis Statements. After you have brainstormed and you
have some main. The Employment Appeal Tribunal will determine whether the employer acted
reasonably or unreasonably in treating the established reason for dismissal as sufficient reason for
dismissing the employee, having regard to equity and merits of the case and to the size and
administrative resources of the employer’s undertaking. The new Employment Law in UK suggests
that incase an employer violate the employment rights there will be a financial penalty. Abstract is a
brief summary of the entire work, usually it consists of one paragraph. Wal-Mart is not liable for not
requesting the criminal background of Bobby since no Employment law requires the company to do
so. The second rule stipulates that if an employee is found guilty of a crime they can be dismissed
without notice. Theft, fraud, physical violence, serious negligence or serious breaches of health and
safety rules are instances of serious misconduct. The Changing Law of the Employment Relationship.
(Ashgate Publishing 2007). Cowling, A. and Mailer, C. Managing Human Resources. (Butterworth-
Heinemann 1998). It was agreed between Melville Craig and Motorola that Melville would terminate
Davidson’s tenure with Motorola at the latter’s request. The employee can also decide to terminate
employment on grounds of constructive dismissal whereby some circumstances are based reasonably
based on the employer’s behavior. For instance the individual who works from home may not be
under the kind of control that the workplace employee is, but should not be denied employee
status.7 The use of the word worker immediately draws attention to the changing nature of the
employee status and carries with it the identification of the significance of the employee in today’s
labour market. Use of these names,trademarks and brands does not imply endorsement. This paper
will look at the impact of the law on politics, society and economy as well as addressing its history
and amendments done. It is a public body in the UK with a statutory role in helping to improve
employer and employee relations in the workplace. The paper ' employment law in the uk ' is an
outstanding example of human resources coursework. In the case Diary Produce Packers Ltd v
Beverstoc 10, it was held. As a private, comprehending your staff member rights empowers you to
make educated choices in the work environment. Comprehending it is necessary to people and
business wanting to prevent labour disagreements. Equality Act 2010 does not conflict with section
98 of ERA 1996. Useful Linking Words and Phrases to Use in Your Essays - ESLBuzz Learning
English. To complete the requisites of the contract of employment, the Santander employee should
have this contact in writing and must be fully understood that the employee will work in accordance
with the nature of the job on behalf of the employer.