1.Answer: Jeff can be protected by the Employment Rights Act 1996, the Disability Discrimination Act 1995 and the Equality Act 2010.
(1)Firstly, Jeff has worked in Mullan Enterpris Ltd for six years, Mr. Murray tells Jeff that he will be moved into another department which means Jeff was controlled by the company, and this is the control test. So Jeff is recognized as an employee, and he can be protected by the Employment Rights Act 1996. In this law, the employee has the right to obtain written terms and document called a contract of employment of terms so that the employee cannot be unfair dismisd.
(2)Secondly, a disabled person is defined as a person who has substantial physical or mental disability cannot be competent for routine work. In this ca, Jeff was suffering from MS, a degenerative dia which will affect his mobility in the workplace, becau of his dia; he was told that he will be moved to another department. MS is a long-term and 新闻评论节目irreversible 招财的图片dia, so Jeff can be defined as a disabled person. Disabled people are protected against unfavorable蒸虾仁 treatment and failure by the employ or to adjust workplace re
asonable for disabled people. The Disability Discrimination Act 1995 gives disabled people rights in employment and other areas. However, Jeff worked on the fifth floor, and Mr. Murray did not adjust his workplace so he failed to meet the requirement of disabled person and went against the Disabled Discrimination Act 1996.
(3)Thirdly, the Equality Act 2010 can ensure the equality of chances and protect special group of people. It can also make sure the people are not worried about being unfairly treated even if the employer does not have discrimination act, he/she needs to be aware of the. In this ca, Mr. Murray said that Jeff is probably not going to be much u to the company and want to move him to another department which can be considered as unfair treatment, and Jeff’s dignity has been broken. So Mr. Murray went against the Equality Act 2010.
In summary, Jeff can be protected by the Employment Rights Act 1996, the Equality Act 2010 and the Disability Discrimination Act 1995.
十里荷塘2.(1) Direct discrimination is becau of the special nature of some people to give unfair t
reatment. One person discriminates another person becau of difference between them.
(2) Indirect discrimination is not a direct difference. But the difference is in the tting of a certain standard to make some people lo their chance. It looks like everyone is equal, but the standard is unreasonable.
(3) In this ca, Mr. Murray wants to move Jeff to another department becau of his dia, Mr. Murray thought that he is no longer uful to the company which harms Jeff生意’s confidence and Jeff was treated differently from others. Through this can be judged by direct discrimination. When Mr. Murray know Jeff’s dia, he did not make any adjustment for him which will be considered as discrimination treatment and went against the Disability Discrimination Act 1995.
3.(1)The Supreme Court found that the element of control that employer can exerci over the employee to determine the relationship between them. Firstly, Julia has a written statement of employment with the company. Secondly, Julia has been an employee in the company for 9 years and she is expected to complete a t amount of hours every week
which means she is controlled by the company, this is the control test. Thirdly, her company deals with her tax deductions, this is fiscal test, the fiscal test can decide whether the person run business on his/her own account/ personal account or accounts ud in the process of work in Hall v Lorner(1992).
(2) Julia can be dismisd fairly.万人空巷反义词
According to ction 98 the Employment Rights Act 1996, a reason is related to an employee’s conduct. Dismissal: a valid reason that they can justify are reasonably in the circumstance. In this ca, Julia has worked for 9 years, her ability is good. However, she punched employees in the workplace when training them which will be very rious. In the Act, the employer dismiss an employee becau employee has broken the terms of employee’s employment. So Julia can be dismisd. However, the employer should follow a fair disciplinary procedure before dismissing and give employee chance to explain and appeal. Before Julia was fired, she should be told and warned the bad behavior and the employer should tell the employee how rious the behavior was and show the damage to her.
Ca Law: The ca Post Office v Liddiard (2001)
The employee referred to football violence, his dismissal for reason was held to be unfair. The principle that employee cannot be dismisd without warning. That the employer can justify the employee授权’s behavior is so riously and employee should be aware of the rious.
The disciplinary procedure:①Interviewing any relevant witness②Considering any relevant documents③Inviting employee to attend disciplinary hearing and let him/her know in advance④The employee’s work record should be considered, if the employee is found to hare gross negligence⑤Informing the employee of the right to appeal.
4.Tom is an accounting in Company E, he often makes mistakes during the two years he works. He usually provides fal financial information which will lead to a large financial loss of company. So, Company E provided Tom two months accounting training. But after training, Tom’s work is not improved. Not long ago, a staff reported the manager that tom hided drugs in the office. The manager found evidence after work. Company E p
ointed out that Tom酱鹅’s action damages company’s image. Tom should be dismisd becau of his conduct. Tom broke the terms of employee’s employment. In addition, Tom is lack ability to his work, he cannot do accounting, So it is reasonable to dismiss Tom.
