Statutory Instruments Analysis - Essay Example

Answer Statutes The law is an important part of social structure and can be broadly defined as a set of rules enacted by the sovereign body to maintain law and order and to disperse justice as per the interpretation of the law for the concerned offence. Statutes are the rules that are formally enacted through ‘Acts of Parliament’ and cannot be challenged by any other body. The set of rules or the body of rules which have been formally enacted through well defined legislative procedures are called legislation. These legislations are important acts of Parliament that establish norms for various circumstances which may be required to legally resolves conflicting issues under the said circumstances. The statutes are significant because they provide flexibility to the written constitution of a country and empower the government to introduce legislations to effectively meet the challenges of the evolving time. There are two types of statute: General Public acts which are applicable to people across the board; and Private acts which are confined to particular place, organization or group of individuals. Statutory Instruments In the contemporary times, decentralization of power has become necessary for effective administration. Therefore, the parliament often empowers local government and agencies to introduce rules appropriate or suited to particular set of local conditions. This is generally made possible through ‘enabling’ Acts of the Parliament. These Acts of Parliament create a broad framework of reforms for the local bodies to enact their own rules, best suited for the local conditions. The rules enacted through such delegation of powers to the local bodies are known as ‘Statutory Instruments’. The Statutory instruments can be challenged by the Parliament or even repealed if not found reasonable. The parliament has the overall control over the Statutory Instruments. Common Law The legal rules, which are made by judges on the basis of doctrines that have been in existence for more than 700 years, come under the precincts of ‘Common Laws’ (LLS1). These laws are neither enacted in the parliament nor were made by the delegated legislation of the local authorities but primarily developed over a period of time and adopted by the judges as such from the statements of principles from the earlier court cases. These common laws have justified their existence by successfully facilitating resolution of disputes in the areas that have seen maximum conflicts of interests in the life of the general public. Though common laws can be seen in almost all areas of jurisdiction but they are predominantly used in contractual laws. Common laws and Statutes, both are important constituents of the constitution of a country. Common law derives its strength from the fact that it has passed its test to provide justice over a long period of time and cited with respect to various previous court cases. The Statutes are major rules that are primarily introduced to meet the changing demands of the evolving times. Answer 2 A Statute relating to employment law The Statute known as ‘The Race relations Code Practice relating to Employment(Appointed Day) Order’ 2006 (No. 630) had come into force on 6th April 2006. The Statute was introduced ‘Under section 47(1) of the Race Relations Act 1976 F1 ( “the 1976 Act”) the Commission for Racial Equality ( “the Commission”) may issue Codes of Practice containing such practical guidance as the Commission think fit for a number of purposes, including the elimination of discrimination in the field of employment and the promotion of equality of opportunity in that field between persons of different racial groups’(Race Relation). Comprising various clauses and sub clauses, the statute was significant as the Parliament saw it fit to introduce and implement equal opportunity in the field of employment for people coming from different race, culture and colour. The Act of Parliament was imperative to meet the needs of the fast transforming equations of the society in the rapidly changing environment of globalization which were increasingly becoming multi-cultural. A Statutory Instrument relating to employment law The Statutory Instruments known as ‘The Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland)’ Order 2007 SSI/2007/32. The Instrument was designed to facilitate gender equality in the area of employment as well as others which may impact adversely on specific gender. The local authorities made it mandatory for their local agencies to enforce the modules of the Statutory Instruments to eliminate sex discrimination. Under the various sub clauses and Acts, the main purpose of the instrument was to ensure that the various local authorities and agencies complied with the rules to ‘to eliminate unlawful discrimination and harassment and to promote equality of opportunity between men and women in carrying out their functions under section 76A(1) of the Sex Discrimination Act 1975 (as inserted by section 84 of the Equality Act 2006)’ (Sex Discrimination). The Statutory Instrument was important legal instrument as it made sex discriminatory practices a legal offence, in the various areas of public concern. A Directive relating to employment law Directives are broad guidelines regarding handling of certain issues and the various sovereign countries are expected to meet those guidelines through enactment of appropriate legislations. A point in case is the European Union Directive that required that changes in the Disability Discrimination Act, 1995 and most of which had come into force by 2004. The Directives are not expected to be applied as such by the member states but they are expected to include or make necessary changes in their own laws to comply with the broad framework of guidelines. Even though UK government has not made any significant changes to its DDA but the European Union Directives are still enforceable in the Court of Law in UK. ‘The Disability Discrimination Act 1995 (the DDA) protects a "disabled person" against discrimination in various fields. Broadly, the person must have a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities’ (Stammering). Though stammering has not been recognized as one of the disabilities but as it still falls under the Directives of EU, the DDA rules also apply to it. Answer 3 Six months back Susan had entered into a contract for employment with Leisurama Co. Ltd. as Head of its Marketing Department. In the last four months, she is being consistently criticised by the centre manager publicly who finally demotes her to Assistant head of the department, without decreasing her salary. As a result, Susan resigns with immediate effect. The CEO of the company, Michael is therefore advised on the legal stance of Susan vis-à-vis the company, in case of any legal dispute. In case of any legal dispute with the said employee, the company has weak legal standing so far as the legalities are concerned. The voluntary resignation of Susan may have grave repercussions for the company as the said employee has several valid reasons to file claim in employment tribunal under more than one clause. Since the company has written agreement with the employee for not necessarily following the company’s grievance procedures, she can directly make her appeal to the employment tribunal. Susan, the said employee is a bonafide employee, employed under the contract of employment as head of the marketing department. She had resigned from her post when she was demoted to the post of assistant head of the marketing department. She was left with no option but to resign under the circumstances. She has legal right to claim her resignation under the following clauses of ‘constructive dismissal’ under ERA 1996 s.95(1)(c) that say an employee who resigns "in circumstances such that he is entitled to terminate [his contract] without notice by reason of the employers conduct" (Constructive dismissal, Emplaw). Another useful summary of the position was provided by the EAT in a 2003 case in which the judge said that "In relation to constructive dismissal, in broad terms, there have to be four elements. There has to be a breach of contract by the employer which can be either an actual breach or an anticipatory breach, and the breach must be sufficiently important to justify the employee resigning; or it can be one of the last of a series of incidents which justifies leaving. The two other conditions normally are that the employee must leave in response to the breach and not for some other unconnected reason, and, finally, the employee must not take too long about it" (France v Westminster City Council, EAT on 9th May 2003) (breach of contract, internet). Susan was not given any prior notice and her demotion to the post of assistant head of marketing clearly violated her terms and conditions of her contract of employment thus compounding her claim of constructive dismissal with breach of contract that specifically states that one cannot be change the terms of the contract that includes the designation, without giving appropriate notice and reasons to the employee. The employer must ensure that the employee is given a chance to defend herself or himself. No such notice was given to the employee in this case and neither was she given any chance to defend herself. Arden v Bradley (1994) IRLR 490 clearly collaborates with Susan’s case that they must not attempt unilaterally to reduce an employees status or pay (Arden, internet). It therefore, can be said that Susan has strong case under ‘constructive dismissal’ and stands to gain substantial financial remuneration as compensation. Reference Arden v Bradley. Available from: < http://employment-law-expert.co.uk/ucd2.htm> [Accessed 5 November, 2008]. Breach of contract. Available from: [Accessed 5 November, 2008]. Lancashire Law School. Avalable from: [Accessed 5 November, 2008]. Law of Constructive dismissal. Available from: [Accessed 5 November, 2008]. Race Relation (Statute). Available from: [Accessed 5 November, 2008]. Sex Discrimination (Statutory Instrument). Available from: [Accessed 5 November, 2008]. Stammering (Directive). Available from: [Accessed 5 November, 2008]. Read More