Employment Law

Learning Outcome 1: 1a. Explain the core principles that underpin employment law as it applies in the UK; 1b. Critically consider the likely future progress of employment law in the light of its past development; 1c. Evaluate the formation, operation and termination of employment contracts in a variety of situations.

Learning Outcome 2: 2a. Apply your knowledge of employment law to solve practical problems and scenarios and advise colleagues as to the implications of legal developments, appropriate action and organizational response. 2b. Carry out in depth legal research on issues relevant to employment law.

Learning Outcome 3: 3a Present your work to an acceptable academic standard in writing; 3b.Write appropriately for a variety of different target groups.

Question 1
"Concern over the potential unravelling of our existing framework of employment rights largely revolves around the importance of establishing ‘a floor of rights' and setting minimum standards in ensuring a robust contract of employment, degree of workplace equity, protecting the most vulnerable, and challenging the reliance of the UK economy on low paid and low skilled work" Plymouth University

Discuss critically within the context of the role and regulation of Employment Law in the UK. Support your answer where necessary with relevant academic authorities, case laws, legislation, and opinions of jurists.

Question 2

Mr McConnell and his colleague, Mr Richmond, were employed as Jewellery salesmen and paid on a salary plus commission basis. In 1994 the employer decided to alter the approach and methods employed to sell the company's products. The initiative failed, and the commission earned by the two men dropped substantially.

Soon after the changes were made, the men raised a complaint with their manager, but he said that nothing could be done immediately. Some weeks later they again complained but nothing was done. Finally, they tried to take the matter up with the company chairman, Mr Goold, but were not given an appointment to meet with him. They thus resigned and claimed constructive dismissal. They won their case.

Read
W A Goold (Pearmak) Ltd v McConnell & Anor [1995]

a. On what basis do you think they won?

b. To what extent do you agree that this was a just outcome?

Question 3
Jemima started a job at EasyKlean, a chain of dry cleaners, four weeks ago. She works in a small shop and does not do the dry cleaning herself (although this is done on the premises). She works behind the till, taking the clothes from the customers and handing out tickets. She has just found out that she is pregnant, something that she did not know about when she started work. Her doctor says that it would not be good for her health or her pregnancy if she continued in her current role as the fumes from the dry-cleaning fluid could have a bad effect. When she tells her manager of the pregnancy, he gets angry and says that if he had known that she was pregnant he would not have given her a job.

1. What obligations does EasyKlean have in these circumstances?

2. Consider critically the rights and remedies available to Jemima?