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The law in this country has played a significant role in the development of industrial relations, and until the last quarter of the 19th century, it was mainly used to control the...
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Part I: Employment Tribunal Visit (1000 words)
Part II: Employment Tribunal Procedure (1000 words)
Toby Washington was employed as a research scientist by Chemlabs plc. Mr. Washington was dismissed summarily by Chemlabs plc following an investigation into allegations of theft. The investigation into Mr. Washington’s conduct was carried out by senior management in a thorough and professional manner and in accordance with the appropriate procedural requirements. The management uncovered firm evidence that Mr. Washington had committed gross misconduct as defined by the company’s disciplinary procedures, the sanction for which is instant dismissal. During the disciplinary hearing Mr. Washington stated that that he was being falsely accused for raising concerns about the procedure Chemlabs uses for disposing of hazardous waste materials. He asked Chemlabs if it wanted the issue to be reported to the relevant authorities or made public.
Chemlabs plc believe that any complaint against them is wholly without merit. It has no record of Mr. Washington ever raising concerns about the disposal of hazardous waste and it believes that Mr. Washington is motivated by the prospect of extracting a financial settlement from the company. Chemlabs plc is concerned that, notwithstanding the apparent weakness of a potential claim, Mr. Washington’s claim may cause unwanted publicity and unnecessary bureaucracy for the company.
Advise Chemlabs plc. on Employment Tribunal procedures should Mr. Washington complain to a tribunal. How can the company prevent the case proceeding to a full hearing and explain the advantages and disadvantages of the different options available to them in this respect. The company also seek advice on how to minimise adverse publicity for the company should the case proceed to a Tribunal. Please note, this assignment requires you to demonstrate knowledge and understanding of Employment Tribunal procedure and not the substantive law on unfair dismissal.
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Coursework 1 - Employment Law (Year 3)
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There are three dimensions of problems that can take place within an organization – economic, legal and social. The economic, legal and social features of the employment relationship are complicated to divide, because all three are closely interrelated (Dufty & Fells 1989, p.3) (Refer Appendix I). It is necessary that the employer and employee relationship be stable and content in the beginning, otherwise in the future the workplace will be inefficient and unproductive.
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It is known that the employer requires employees to work for them, to produce products and increase capital and profit for them. The employee is working for a wage that the employer provides in exchange for the employees time and services (Gardner & Palmer 1997, p.213). These are known as the economic dimensions of the employment relationship. Over time employees have developed characteristics and desire to want more i.e.: a certain wage for their qualification, holiday/sick leave and job security. However this will definitely lead to conflict within an employment relationship, because whilst the employer is trying to maximise labour productivity, the employees may intend to obtain higher wages or a promotion (Dufty & Fells 1989, p.4).
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The legal dimension is in some ways, a means of controlling the employment relationship, so that employees and employers cannot take advantage of each other’s powers. Courts are fair but time consuming, therefore not very beneficial for either the employer or employee. On the other hand, if it is required to go to court it is absolutely necessary, because it is based on the rights of an individual.