Analyzing Major Legal Cases - Assignment Example

QUESTION The Company, Conventina Motors has employed Steven as a parts distribution salesman in its company. The employer, Conventina Motors, and the employee, Steven, have entered into a contract with each other and therefore the rules and legislation according to this contract are binding for both the parties so as long the contract is valid and is not breached or void. Contract Law Definition: It is an agreement, enforceable by law, creating obligations for the parties entitled to it. The primary elements of a contract are: Mutual assent: this means both parties have mutually agreed to enter the contract. It is an agreement by both parties to a contract. Mutual assent must be done objectively and is often established by creating an offer for which there must be an acceptance. (Carlill v. Carbolic Smoke Ball Company 1893 1 qb 256). Acceptance is a final and unqualified expression of assent to the terms of an offer [G.H. Treitel, The Law of Contract, 10th edn, p.16]. The Employer, Conventina Motors, has offered Steven to work for them as a parts distribution salesman. And Steven has accepted their employment offer to work for them. This means a proper contract has been established between Conventina Motors and Steven. Consideration: This means something bargained for and received by a promisor from a promisee. The common types of consideration consists of real or personal property, a return promise, some act, or a forbearance. The consideration by Conventina Motors towards Steven may not only include his salary but also other responsibilities like Steven’s mental, health, emotional and/or environmental safety etc. And likewise Steven’s consideration towards the company can be his loyalty, responsibility and promise to follow the rules and regulation binding on him due to the employment contract. Capacity: In contract law, capacity means a persons ability to satisfy the elements required to enter binding contracts. For example, it often requires a person to have reached a minimum age and to have soundness of mind. Conventina Motors is an established company and Steven is an adult. Therefore both fulfill the required capacity rules to enter into a valid contract. Legality: The contract made, must be enforceable by law. Only then, the contract is said to be legally binding. Conventina Motors is an established company having proper employment contracts with its workers, therefore the contract with Steven is legally binding and has certain obligations that needs to be followed by both the parties in the contract. As discussed above, Conventina Motors and Steven have entered into a legal employment contract with each other. The contract includes rules and obligations that must be fulfilled until the contract is valid. Conventina Motors has provided Steven a company car for driving to various garages in his sales area. The company car is the property of Conventina Motors and they have entrusted Steven with it which means it is now Steven’s responsibility to act according to the company rules and requirements. Conventina Motors has a well-publicized policy prohibiting staff from carrying passengers in company vehicles. The company has clarified in the policy to all employees not to allow passengers in company vehicles. Steven, being the promisee, must bind to this rule and not allow any passenger in the company car. If he does so, he will be accounted to have breached the employment contract with Conventina Motors. Discharge of a contract: This means the circumstances in which the contract is brought to an end. When a contract is discharged, each party is free from the continuing obligations under the contract. A contract may be discharged in one of the following ways: Discharge by Performance: This means where both parties have fully performed their contractual obligations and the contract is discharged. Discharge by Agreement: When both parties mutually agree to end the contract and release each other from their contractual obligations, the contract may be discharged. Discharge by Frustration: When there is a change in circumstances, not due to the faults of either of the parties, which makes the contract either impossible to perform or deprives it from its commercial purpose, the contract is said to be frustrated. Each part is discharged from its contractual obligations and neither party may sue for breach. The allocation of loss is decided by the Law Reform (Frustrated Contracts) Act 1943. Discharge by Repudiatory Breach: In some circumstances, a contract may be discharged by a breach of contract. In case of breach of condition, the innocent party has the right to repudiate the contract (bring the contract to an end) in addition to claiming damages. As mentioned above, Conventina Motors has a well-publicized policy of prohibiting its employees to allow passengers in the company car. Steven has breached his employment contract by giving a lift to Nigel, a student on work placement, from work to home. Referring to the case of London Borough of Hackney v Benn, 1996, CA, Steven should be accused of gross errors of judgment and gross negligence in not complying with the company’s policy of prohibiting passengers in the company car. Therefore, if anything happened to Nigel, is only due to Steven’s negligence in carrying out his duty as a responsible employee and as a driver. Tort liability It is a civil wrong recognized by law as grounds for a lawsuit, although, it can be redressed by awarding damages. E.g. Smith v. United States, 507 U.S. 197 (1993). The injured party can claim the wrong-doer for any injury or harm done. Some torts are also crimes, punishable with imprisonment. However, the primary aim of tort law is to offer aid for the damages suffered by the injured party and also provide an example to others from committing the same harms. Apart from monetary damages, the injured party may recover loss of earnings capacity, pain and suffering, and reasonable medical expenses. Torts can be generalized into 3 categories: Intentional torts: i.e. intentionally harming a party through their actions etc Negligent torts: i.e. causing harm by failing to act in a certain or appropriate way Strict liability torts: these wrong do not depend on how careful a dependent is but are incurred when a particular action causes harm/damage. One evening, Steven was leaving for work and Nigel accompanied him home. Nigel even helped Steven to carry car parts into the customer’s showroom as he himself was a student on work placement job in the company. Employment rights and pay for interns An intern’s rights depend on their employment status. If an intern is classed as a worker, then they’re normally due the National Minimum Wage. Internships are sometimes called work placements or work experience. These terms have no legal status on their own. The rights they have depend on their employment status and whether they’re classed as: a worker a volunteer an employee If an intern does regular paid work for an employer, they may qualify as an employee and be eligible for employment rights. Whereas ,under UK law, students who do an internship for less than one year as part of a UK-based further/higher education course or work experience placements students, aren’t entitled to the “National Minimum Wage” and therefore are not entitled to equal employee rights as other employees of the company. (https://www.gov.uk/employment-rights-for-interns) Therefore, Nigel, being a student on work placement, is not entitled to employment rights of Conventina Motors. However, if he suffers any harm, where the company is concerned, he cannot file a lawsuit under Employment Rights Act 1996 against Conventina Motors. Steven drove at high speed and the car crashed leaving Steven uninjured. However, Nigel suffered serious injuries and he is now claiming in negligence against Conventina Motors. Car Accident and the Law Lawsuits arising from car accidents comes generally under the law of negligence. Drivers of automobiles must take utmost care and follow traffic rules diligently. Failure to comply with the traffic rules is considered negligence. It becomes mandatory for a person, who acted negligently in operating a vehicle, to pay for any damages caused to either another party or anyone’s property. Factors responsible for car accidents, but aren’t limited to, are the following: Disobeying traffic signs or signals Failing to signal while turning Driving above or below the posted speed limit (Reckless Driving) Disregarding weather or traffic conditions Driving under the influence of drugs or alcohol Due to Steven’s reckless driving, Nigel was injured in the car accident. Steven, has not only breached the employment contract by carrying a passenger against the company policy rules but, is also liable under the tort law for his negligent behavior by not following the traffic speeding rules. (Refer case: Froom v Butcher [1976] 1 QB 286) Steven is completely responsible for Nigel’s injuries in the car accident. However, Nigel is claiming damages in negligence against Conventina Motors. The injured party, Nigel, known as the plaintiff, has to prove that the defendant, Conventina Motors was negligent under tort law. Nigel, being a student on work placement job in the company, is not entitled to the same employee rights as any other employee in the company, and therefore he cannot file a lawsuit under employment law and hold Conventina Motors responsible under negligence for the damages he incurred in the accident. However, on humanitarian grounds, he can file a lawsuit against the company for being hurt in an accident under tort law for negligence but still he won’t be able to do so as Conventina Motors had already published a clear policy that its employees are not allowed to carry passengers in the company car. Therefore, referring to the case, White v Blackmore [1972] 3 WLR 296, Conventina Motors are excluded from any liability/damages caused to Nigel as they took all the measures to prevent this accident from happening. (1615 words) QUESTION 2 Elizabeth is a trainee sales consultant at Conventina Motors. She wishes to work on flexible timings as she has a disabled father who suffers from epilepsy and multiple sclerosis and her father’s condition has worsened recently. According to the employment rights law discussed below, Elizabeth has a statutory right to ask for flex-time. Employment Rights Act 1996 Employment law comprises of all the areas of employer/employee relationship except the arbitration process covered by labor law and collective bargaining. Some areas are discussed below: Collective bargaining: It comprises of negotiations and discussions between an employer and a group of employees in order to determine the conditions of employment. The law governing body for collective bargaining is the National Labor Relations Act (NLRA). It explicitly grants employees the right to collectively bargain and join trade unions. Employment discrimination: These laws attempt to prevent discrimination between employees based on race, sex, religion, national origin, physical disability, sexual orientation and age by employers. Redundancy and Dismissal Rights: Redundancy is one of the most distressing events experienced by any employee in the company. Employment Rights Act 1996 also cover laws related to termination of employment, voluntary redundancy, redundancy pay, redundancy counselling, and outplacement, selection for redundancy, downsizing and redeployment. Dismissal Rights allow employees to claim an Employment tribunal if they think they have been dismissed unfairly. Employment tribunals are public bodies in the UK court system which have constitutional jurisdiction to hear all types of disputes between employers and employees. Unemployment compensation: These laws provide employees, whose jobs have been terminated through no fault of their own, some monetary payments for a given period of time or until they find a new job. Harassment & Other Workplace Problems: Bullying and harassment is a behavior that makes someone feel intimidated or offended. Harassment is unlawful under the Equality Act 2010 and any employee can file a lawsuit under this law if he/she feels harassed at any point of their employment duration with the company. Spreading malicious rumors, unfair treatment, picking on someone regularly, undermining a competent worker, denying someone’s training or promotion opportunities are some examples of harassment. Worker’s Compensation and Pensions: Under the Workmens Compensation Act 1897, employees who are injured on job are protected, usually providing them with fixed monetary benefits. Also employers will have to provide employees with a workplace pension scheme over the next few years. Workplace safety: Workplace safety and health laws establish regulations designed to eliminate personal injuries and illnesses from occurring in the workplace. The Health and Safety at Work Act 1974 (also referred to as HSWA, the HSW Act, the 1974 Act or HASAWA) is the primary piece of legislation covering work-related health and safety in UK. Benefits, leaves & Working hour problems: All employees are entitled to monetary and non-monetary benefits based on their positions. The right to ask for flexible working hours is statutory for all employees who have worked for at least 26 weeks with the employer. Elizabeth is a trainee sales consultant and a trainee is an official employee being trained on job originally hired for. According to the employment law, Elizabeth is entitled to all employment rights at Conventina Motors. As an employer, Conventina Motors Company must grant her all the employment rights and allow her to use them whenever she deems fit. Fair and impartial treatment of employees must be incorporated in a sound public policy and good business practice, and access to information about employees’ rights is an essential ingredient in any fair workplace. These employment law rights gives her the basic privileges as an employee and liberates her from any undue harm/damage ever caused to her by the employer/other employees. These laws, not only gives Elizabeth the liberty to act and take her own decisions but also gives her the authority to take a stand if anything goes wrong in her duration of employment at Conventina Motors. Elizabeth’s father’s condition had worsened recently and she went to see her line manager, Tariq, and had asked whether she can work on flexible hours. Employment rights and Flexi-time Flexi-time or Flexible working is a way of working that suits an employee’s needs, e.g. having flexible start and finish times, or working from home. According to government law, every employee (not just parents or carers) has the statutory right to ask to work flexibly after 26 weeks employment service. The request can be made only once in a 12 month period. Under the Employment Rights Act 1996, employees hold a statutory right to ask for a change in their working hours or place of work through written requests given to the employers. Apart from helping the employers/employees, the guidance in this Code can also be used by employment tribunals when considering relevant case. Employers must deal with these requests in a reasonable manner. They should evaluate the pros and cons of the application, hold a meeting in order to discuss the request with the employee and offer an appeal process. Under the government law, if an employer doesn’t deal with the request in a reasonable manner, the employee can use his/her statutory right and take them to an employment tribunal. However, an employer may also deny a request if they have a good business reason for doing so. (https://www.gov.uk/flexible-working/overview) Elizabeth has a statutory right under Employment Rights Act 1996 to work flexible hours and she even has a good reason for doing so as her father is not well. Unlike the case Commotion Ltd v Rutty [2006] IRLR 171 (EAT), where the employer had no specific reason to deny its employee flexi-time, Tariq, Elizabeth’s line manager, had a good business reason to refuse her. He informed her that because of the heavy workload in the department, he cannot allow her to work on flexible hours. Elizabeth starts to cry when she is confronted by her boss, Robert. He is the senior partner in the company. When he saw Elizabeth cry, he put his arms round her and told her that if she turns up in his office tomorrow in a see-through shirt and short skirt, she may be able to work flexi-time. Robert had put his arms round her at last year’s office Christmas party too. Harassment at Workplace Harassment or bullying are used interchangeably in the workplace and bullying is a form of harassment. Generally, harassment is an unwelcome behavioral conduct affecting the dignity of men and women in a workplace. It may be related to age, sex, race, disability, religion, sexual orientation, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. Every man or women deserves respect in their workplace and harassment is when the actions or comments by the harasser are viewed as demeaning and unacceptable to the recipient. Examples of bullying/harassing behavior include: Backbiting or spreading mischievous rumors or insulting verbally or by attitude (on basis of age, race, sex, disability, sexual orientation and religion or belief) Picking on someone or ridiculing or demeaning them Victimizing or intentionally excluding someone Partial or biased treatment Misusing power or position to belittle someone Unwanted sexual advances – behavioral or verbal for e.g. touching, standing too close, the display of offensive materials, asking for sexual favors, making decisions on the basis of sexual advances being accepted or rejected Deliberate criticism or undermining a competent worker Blocking promotions or training opportunities intentionally. Elizabeth was sexually harassed by her senior boss and sexual harassment is one of the most common forms of harassment and is specifically outlawed by the Equality Act 2010 as is harassment of a sexual nature related to gender reassignment. She was promised unfairly by her boss Robert that if she did what he had asked her to do, he could allow her to work on flexible hours. These promises are a form of harassment which concerns a person’s employment conditions in return for sexual favors. However, Elizabeth should see if she can sort out the problem informally first. If this doesn’t works, she should talk to her manager or HR representative or a trade union representative. Furthermore, she can make a formal complaint using their employer’s grievance procedure. And if she is still harassed as she was because Robert had sexually harassed her last year too at the office Christmas party, she can take legal action at an employment tribunal against Robert and the Company, Conventina Motors. (Refer case: Devout Christian Margaret Malcolm v Baldragon Academy) Employers’ responsibilities Employers are completely responsible for preventing all types of bullying and harassment in their company. They are accountable for any harassment suffered by their employees. Employers must have a well-publicized policy regarding bullying and harassment which can prevent problems. Conventina Motors can only exclude themselves from any liability if they prove that they have strict policy against harassment and have trained their employees well enough on the topic. However, this is not mentioned in the case, therefore, one can assume that Conventina Motors were negligent in carrying out their duties as a responsible employer and they could not prevent what happened to Elizabeth. As a result, Elizabeth may use her statutory right under Employment Rights Act 1996 and Equality Act 2010, and file a lawsuit of harassment charges at an employment tribunal against Robert and her company, Conventina Motors. (1543 words) REFERENCES Contract law www.law.cornell.edu/wex/contract Discharge of Contract http://www.nidirect.gov.uk/sm/breach-of-contract Case sources: http://e-lawresources.co.uk/ Tort law https://www.law.cornell.edu/wex/tort Employment rights and pay for interns (https://www.gov.uk/employment-rights-for-interns) Car Accident and the Law http://injury.findlaw.com/car-accidents/car-accident-basics.html Carlill v. Carbolic Smoke Ball Company 1893 1 qb 256 http://www.bailii.org/ew/cases/EWCA/Civ/1892/1.html London Borough of Hackney v Benn, 1996, CA (http://swarb.co.uk/london-borough-of-hackney-v-benn-ca-31-jul-1996/) Smith v. United States, 507 U.S. 197 (1993). (https://www.law.cornell.edu/supct/html/91-1538.ZS.html) Froom v Butcher [1976] 1 QB 286 http://www.e-lawresources.co.uk/Froom-v-Butcher.php White v Blackmore [1972] 3 WLR 296 http://www.e-lawresources.co.uk/White-v-Blackmore.php Employment Right Act 1996 http://www.legislation.gov.uk/ukpga/1996/18/contents Flexible Working: https://www.gov.uk/flexible-working/overview Commotion Ltd v Rutty [2006] IRLR 171 (EAT) Sexual harassment at work http://www.safeworkers.co.uk/sexualharassmentwork.html Workplace fairness http://www.workplacefairness.org/your-rights Devout Christian Margaret Malcolm v Baldragon Academy http://www.telegraph.co.uk/news/newstopics/howaboutthat/10106121/Devout-Christian-awarded-100k-in-Blu-Tack-sexual-harassment-case.html Read More