business law

Topics: Employment, Termination of employment, Disability Discrimination Act 1995 Pages: 3 (1299 words) Published: October 14, 2013
The area of law involved in this scenario is employment, more specifically; contract of employment, discriminatory dismissal, termination of contract employment, rights and remedies of dismissal. The possible claimants that will be advised are Shane and Martha. The possible defendant is Bright Sparks Ltd. The issues that will be addressed for Shane are the Thomas’s actions, unfair dismissal and termination of employment. The issues that will be looked at for Martha are the disability, lack of assistance of Bright Sparks Ltd and resignation. This essay will approach each event in series. The structure of Shane should bring an action against Bright Sparks Ltd for unfair dismissal. In order to bring an action, 3 factors need to be established; does Shane qualify as an employee of bright Sparks Ltd, the dismissal, no fair reason for dismissal and was the ACAS code followed. It is usually obvious whether a party is employed by an employer, there are two types of test used to establish whether a party is an employee; control test and the integration test. The control test looks at what the employee does and how it is done by how much control the employer has over the employee and the integration test is suitable for highly skilled employees. The control test is more suitable for Shane but as it stated that he is an employee of Bright Sparks Ltd, then it is not necessary to go through the test. As he is an employee, the relationship between the two parties is governed by the contract of employment which is subject to statutory provision such as Employment Rights Act 19961. As he is an employee, he is entitled to a written particular within 2 months of employment, S.1 of ERA 1998, which contains all the relevant information regarding the employment, such as the terms of employment. This is especially helpful for suing the company for breaches of any implied, express or common law terms. Overall, we have concluded that Shane is an employee of Bright Sparks Ltd and that...
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