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Employment and Discrimination Law - Essay Example

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Business enterprises are the major drivers of economies in all parts of the world and their conducts are regulated by laws which are put in place to govern them. All these firms are not able to run without the input of the employers and the employees who work hand in hand in ensuring the continued survival of such enterprises…
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Employment and Discrimination Law
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"Employment and Discrimination Law"

Download file to see previous pages These laws are called the employment laws and they have proved effective in enhancing proper business conduct within the business world. Some of these laws which have been in place include those that govern employee dismissal, child labour, employee benefits and labour contracts among other contracts and their applications in various business enterprises have worked well in ensuring the well being of both the employers and their employees.
In the course of business conduct, employee - employer relationship is crucial in determining the success of each of the two parties in the business world. However, sometimes achieving a cordial relationship becomes impossible with the eruption of personal issues that come in a day to day basis. This has sometimes led to discrimination and in this case it is the employee who suffers the brunt sometimes leaving the employer to go scot-free after committing some unfavourable and inhumane acts against his/her employee. The case of Anne is a similar one where she is forced to unfairly suffer the consequences of being in bad terms with her boss.
Employer retaliation, like in Anne's case is an aspect of employment law in which a lot of emphasis has been put and attorneys have had to defend their clients in regular basis under such circumstances. As an attorney, I would consider Anne's case as a solid one and which she is capable of winning should she press legal charges against her employer. (Robert Hill, Nick Dent and Adam Lambert: Labour and Employment: United Kingdom: Associative Discrimination).
Also According to The ACAS statutory Code of Practice on discipline and grievance, the proper procedure for disciplining Anne would not put her career at risk but to hold a meeting with her and discuss the issues. Her boss would be recommended to express his grievances directly to Anne after which he would make clear his decision to give poor reference to Anne which according to the law is not encouraged.
In dealing with such a case, it is important to consider whether Anne's employer informed her of her employment rights as postulated in the labour law. This law which is concerned with the rights of employers demands that all employers should take charge and sensitize their employees considering the rights which they hold as workers in their workplace. Freedom from retaliation is one of the major subjects which are dealt with in this law. In a case whereby the employer had not informed Anne and maybe other employers of their rights as his employers, Anne should be able to sue him of that as the first offence committed against her by her employer.
Anne would then go ahead and sue Jim, her boss for the offence of hindering her from exploring and obtaining other employment opportunities on grounds of unfounded accusations (Office of Public Sector Information (united kingdom) Employment Rights Act 1996, chapter 18).
Jim has definitely committed an offence against Anne. With regard to the employment and labour law, Anne should seek legal redress since as an employees and a human being for that matter, she has her rights regarding the choice of how she relates with other individuals either within or without her office environment.
In order to establish a concrete case against the crime of employer retaliation which Jim committed against ...Download file to see next pagesRead More
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