Reference no: EM133339170

Learning outcome 1: Explain the main concepts and principles in the development of employment law

Learning outcome 2: Critically evaluate the contractual relationship between employer and employee and those of workers and the self-employed

Learning outcome 3: Assess and apply the various forms of employment protection given to different types of workers

Question One
‘Employment law firm GQ|Littler said these delays were only likely to get worse as the pandemic had given rise to a greater number of employment disputes - triggered by redundancies, cost cutting and health and safety issues.

Raoul Parekh, partner at the firm, said: "Covid has taken its toll on the tribunals, who were already facing significant operating difficulties long before the pandemic. The crisis is a perfect storm of reduced capacity in the tribunal system - with some venues closed for Covid-related reasons for weeks on end - and increased volume of claims."

"These delays mean some claims will have to wait until 2022 before they are heard in court. This places a huge burden on employees and businesses during this already disrupted time." www.personneltoday.com, 14th March 2021

A. In the form of a report or memo to staff, explain the process in bringing a legal claim against an employer in a tribunal or other relevant judicial body that resolves employment disputes in your country.

B. With reference to the process in your own country (including any experience you may have had within your own organisation) critically assess the effectiveness of the mechanisms of resolving employment disputes.

Question Two

‘The UK government has published guidance on employment status that defines the rights and protections employees are entitled to, including pay, leave and working conditions.

The guidance has also clarified the rights that gig economy workers are entitled to, such as national minimum wage and paid leave, while retaining the flexibility to take on additional work if they choose. This clarification follows the landmark Uber Supreme Court judgment, which held that gig economy staff qualify as workers and are entitled to core employment protections.' www.personneltoday.com, 28th July 2022
A) With reference to the laws in your country, explain and critically evaluate the methods used to determine the legal status of staff.

B) Critically consider whether the current law regarding employment status meets the needs of the modern workforce for your organisation (or an organisation you are familiar with).

PART TWO
Answer the following case study
All parts of the question carry equal marks

Last month Denise was dismissed from her job as a teaching assistant in a large Comprehensive school located in Wrexham. She had worked in the school on a full-
time basis for five years. She blames herself for the dismissal and thinks that she probably deserved to be sacked given her conduct. She had returned to her work one Friday afternoon having drunk four large glasses of wine in a local pub at lunch time. She had then apparently sworn loudly at a teacher in front of several pupils. When reprimanded about this incident by the Department Head, Cathy, she had sworn at her and was seen punching her on the left jaw. She had been summarily dismissed there and then without notice.

Denise has since discovered from a friend that her dismissal might in fact be classed in law as being unfair.

Explain whether Denise has a claim under unfair dismissal. What should have been done in terms of procedure? Advise Cathy as to the best course of action to be taken by the school now.

You should make correct use of the Harvard referencing method.