Title: Mastering Your Thesis: Navigating the Challenges of Research Paper on Employment Law

Embarking on the journey of writing a thesis on Employment Law can be an exhilarating yet
daunting task. As you delve into the intricacies of legal frameworks, statutes, and case studies, you're
met with a myriad of challenges that demand time, dedication, and expertise. Crafting a well-
researched and insightful thesis requires not only a profound understanding of the subject matter but
also the ability to synthesize complex information and present it coherently.

One of the primary hurdles in writing a thesis on Employment Law is the extensive research it entails.
From examining historical precedents to analyzing contemporary legal issues, the process demands
exhaustive exploration and critical analysis. Moreover, staying updated with the latest developments
in employment legislation adds another layer of complexity to the task.

Another challenge lies in formulating a clear and compelling thesis statement that addresses a
pertinent aspect of Employment Law. Identifying a research gap or a novel perspective within the
vast landscape of employment regulations requires careful consideration and intellectual rigor.

Additionally, the structure and organization of the thesis play a pivotal role in conveying your
arguments effectively. Ensuring logical flow, coherence, and adherence to academic conventions can
be a formidable task, especially for those navigating the intricacies of legal writing for the first time.

Furthermore, writing a thesis demands impeccable attention to detail, particularly in citations,

references, and adherence to formatting guidelines. Failure to uphold academic integrity and
standards can undermine the credibility of your work and jeopardize its scholarly value.

Amidst these challenges, seeking professional assistance can alleviate the burden and enhance the
quality of your thesis. ⇒ BuyPapers.club ⇔ offers specialized services tailored to the unique
requirements of writing a thesis on Employment Law. With a team of experienced legal scholars and
writers, we provide comprehensive support at every stage of the writing process.

Whether you need assistance with topic selection, literature review, data analysis, or proofreading,
our experts are here to guide you towards academic excellence. By leveraging their expertise and
insights, you can navigate the complexities of Employment Law with confidence and produce a
thesis that stands out for its depth and sophistication.

In conclusion, writing a thesis on Employment Law is a demanding yet rewarding endeavor that
requires perseverance, intellect, and attention to detail. By harnessing the expertise of professionals
at ⇒ BuyPapers.club ⇔, you can overcome the challenges and achieve your academic goals with
ease. Order now and embark on the journey towards scholarly success!
However, the claim can be filed with the support of a person opposite in sex. This guide walks you
through the steps and resources you need to write a strong research paper, as well as a checkli. EU
headquarters in the UK will most likely move to Ireland, which will in turn increase. A footnote is a
reference, explanation, or a comment that is placed below the main text on a page. This is a
particularly contentious area in the modern labour markets where the lines between the employed
and self-employed are increasingly “blurred”.3 This paper demonstrates that the common law tests
developed to determine the employee status is unsatisfactory and why. I. Significance of
Determining Employee Status Initially, the courts treated the employee status as one defined around
the concept of master and servant. In response to this shortcoming in the control test, the courts
developed the organization test. Lack of any reasonable evidence apart from allegations that are not
admissible in a court of law by Mr. Before beginning, you'll need guidelines for how to write a
research paper. The WRC is now the sole body to which all industrial relation. Compliance often
depends on the number of employees. The Protection of Employment Act 1977 must be complied
with when an employer intends. Brennan contended that had he been given his full contractual
notice, as per his contract. Recommendations The policies and procedures that are to be structured by
the employers should be accommodative for the employees and should be able to ensure that all the
employees are able to get equal opportunities and there is no discrimination in the decisions of the
employers. FCF is a new regulation in legal employment framework that will begin. There are
different types of employment permits available depending on the circumstances. He may invoke the
competent jurisdiction for compensation. Prestcold Ltd ruled that the tribunal does have the power to
make recommendations for the taking of action, it does not include the power to make
recommendation that the employer increase the complainant’s wages. For instance, in Denny’s
settlement with NAACP, which required Denny’s should offer 54 of its future restaurants on
franchise to minorities by 1997. If the contract for service integrates the worker into the integral part
of the business operation then that person is for all intents and purposes an employee. It is
considered a bleach of contract if the employer does any of the following: harassing, humiliating or
victimizing particular members of staff altering the employee’s job specification or contract terms
without consultation changing the job location at short notice excessive disciplinary actions such as
demotion Falsely accusing an employee of misconduct. (Law on the Web 2011). Discrimination
towards disabled employees in Denny’s Corp. Courts are also required to keep in mind that tax
benefits to the self-employed and the ability to escape liability for employees will operate to
compromise a determination of the employee and the employer’s true intention. In many cases, social
issues may also be referred as social problems; they affect various facets of the society regardless of
the size as well as the composition. Despite of these revamping efforts, the number of customers
dining at Denny’s restaurants declined sharply in 2002. Paid suspension can be resorted to if
necessary during the investigation. They are as well equally applicable to persons who have entered
into contracts where there are no written documentations. Previously, employers could file monthly,
even if employees were paid weekly or fortnightly. There is no statutory requirement in Irish law for
employers to translate employment. Tips on researching and understanding laws, and legal cases. The
more engaged the employee is, more is the likelihood of the organization to be a great place to work.
As per the legal clause for an employee to request for flexible work arrangement, the employee must
qualify under the following conditions. This information must be furnished to employees within 28
days of commencement of. The law has described certain dismissal phenomenon as automatically
unfair and therefore if dismissal falls into this category; the law automatically recognizes its
circumstances as unfair and reliable for compensation (Weir 2003, p.11). Such includes dismissal
cases that are related to trade unions where the employees fails or agrees take membership,
participate in the activities of the union. The legislation expressly prohibits an employee from being
treated adversely in the workplace if they are, or are suspected to be, a person affected by domestic
violence. Otherwise, statutory holiday entitlement is calculated in different ways depending on the
employee’s or worker’s patterns of work (ie how regularly they work). According to Fujishiro (2005)
this process makes sure the process of. For Later 0 ratings 0% found this document useful (0 votes)
872 views 10 pages Employee Relations Research Paper Group 4 (Review) (1) - CG Comments
Uploaded by mv79 AI-enhanced title and description This document discusses the changing nature
of employee relations and its importance as a strategic part of human resource management. Your
case deserves and will receive careful attention at every phase of the process. Our employment law
attorneys are able to advise you regarding legal matters affecting employers and employees. The
Minister for Jobs, Employment and Innovation must also be notified at least 30 days in. Attorneys,
law firms and judges rely on sound research when making legal arguments and deciding legal issues.
Vilma Toshie Kutomi and Domingos Antonio Fortunato Netto. But there is also a reasonable test,
where there is no burden of proof placed on either party. Communication is another critical point to
the success of any business and must involve everyone within the organization. They also ensure that
employees enjoy pay and non-pay rewards depending on the time of service to the company by the
employee. But knowing what lies beneath all the hardships will pay-off because I will be able to
serve my clients, the community and my country, having in mind that I will be fighting for worthy
causes. It can be said the work load of the paralegals and legal assistant deserve recognition and
credit because they are tasked to prepare important documents needed by the lawyers during
courtroom hearings, trials and even in corporate meetings. Case 2 Six months back Susan had
entered into a contract for employment with Leisurama Co. Ltd. as Head of its Marketing
Department. Designing an efficient work process through effective design thinking creates a good
employee experience that enhances longer employee satisfaction and productivity than in the case of
benefiting from monetary benefits alone. Marshall the House of Lords had to decide whether
employers who paid employees different rates in respect of their duties as teachers and instructors
(the teacher being paid more) had acted lawfully. There are different types of employment permits
available depending on the circumstances. New York: Aspen Publishers. Taylor, S. and Emir, A.,
2009. Employment Law: An Introduction. This act took into consideration all crucial benefits of
employment like bonus packages, leave options, pension benefits, allowances and much more. There
is no justification against discriminative attitude towards the disabled. In today’s world where capital
and humans beings are increasingly mobile, there is indeed a thing line between perceptions of
contracts for service and contracts of service. Writing a research paper requires you to demonstrate a
strong knowledge of your topic, engage with a variety of sources, and make an original contribution
to the debate. An attorney needs all the help he can get from paralegals and legal assistants working
with him to build up the pieces of evidence needed for every case. The company owned about 1,500
restaurants across U.S.A in the year 1990. About 30% of these restaurants were managed by Whites
under franchise schemes whereas the remaining 70% were company owned. There is a complete
disconnection at the heart of public culture in Brazil, for example the law and other liberal ideas are
mixed with favor and other social customs footed on a clienteles and hierarchical society. If the claim
is successful Gillian may recover arrears of pay for a period of up to two years prior to the date on
which proceedings were started.
Keep on browsing if you are OK with that, or find out how to manage cookies. Learn about
documentation, the act of providing evidence, and why it is important to include both primary and
secondary sources in a research paper. There are certain automatically unfair reasons for reasons for
which minimum period of service for one year is not necessary. This guide walks you through the
steps and resources you need to write a strong research paper, as well as a checkli. Some employers
also have a well-outlined redundancy payment scheme which sometimes has been regarded as being
more generous than the statutory scheme considering the amount they offer to pay to their dismissed
redundant employees. He continues to argue that in the same line, only two of these tests produce
definitive explanations that distinguish between “self-employed” and “employed”. It should also
mention to whom an aggrieved employee should apply against any disciplinary decision and whom
the employee can approach for redressal of any grievance along with the guidance as to how the
application should be made. She was left with no option but to resign under the circumstances.
Categorically this wider scope of legal representation has incorporated some people who were earlier
left outside the bracket. 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. The author has a scientific approach to issues related to human resources and personnel
management, For example, he has dealt with the subject of performance evaluation, always a
controversial and conflict-generating issue, with meticulous objectivity by introducing hands-on-
strategies. The inadequacy of the control test and the organisation test are manifestations of the fact
that no set criteria can satisfactorily determine employee status when one takes account of the
modern commercial and labour conditions. Keep on browsing if you are OK with that, or find out
how to manage cookies. The lawsuit was initiated in September 2002 by the “California Department
of Industrial Relations” over purported violations of state law as regards to payment of accrued
vacation upon ouster from employment. Commissioners, Labour Court, EAT, the Equality Tribunal
and the WRC as well as advising. If the period of service is two years or more but less than 12 years,
one week’s notice is required for each year of continuous employment. Where a dismissal is related
to automatically unfair reasons, a special award is payable. The employer should obtain clear
prognosis of the employee’s disability and consider alternative positions if possible. In other words
looking at how IQ dealt with any risks they could reasonably have foreseen. No matter where you
are in your intellectual journey, the ability to assemble and analyze large amounts of complex
information is a skill that can pay art carden is an assistant professor of economics and business at
rhodes college in memph. In the last decade, there had been a sudden explosion of class action
lawsuits as regard to discrimination in employment which has been resolved through record breaking
out of court settlements. The damages claim depends on the length of service of an employee. Unlike
other commodities and services where the harmful effects of deregulation are minimal, and in some
cases deregulation is actually better, the legal profession has to contend with the fact that ultimately,
its aim is the dispensation of justice. It also bans unjustified retirement age of below 65 years (Law
on the Web 2011). Williamson and furthermore the written consent must state the source of
deduction as being the wages. She needs to show that her job posed a real risk of causing the illness
and her employer knew or ought to know that she was exposed to the risk. According to Davies
(2004), Coleman faced the issue of associative discrimination because of her disabled son while she
was not disabled herself. Mrs Price, aged 35, alleged discrimination and her claim was upheld. Cross-
cultural factors have also contributed to the changing nature of employee and employer relationships.
Our employment law attorneys are able to advise you regarding legal matters affecting employers
and employees.
Another contribution of research services is the understanding of various issues either timely or not,
small or the big ones. Source: images-na.ssl-images-amazon.com Attorneys, law firms and judges rely
on sound research when making legal arguments and deciding legal issues. However, there is a
prohibition under the law that is not within the scope of practice of law, such as setting legal fees,
giving legal advice, and presenting cases in court.5. If you have any concerns, prior to sending your
email, you are advised to contact any member of the law firm. Dismissing Employees for Poor
Performance Terminating or dismissing a senior level position in the UK on the grounds of poor
performance is not an easy task for the employer. Deaf people had won the suit to recognize them as
people of autonomous culture and not as handicapped persons. It was held the Motorola had enough
control over Davidson since upon his report for work, Motorola ascertained his duties, therefore,
Davidson was Motorola’s employee and not Melville’s. Our employment law attorneys are able to
advise you regarding legal matters affecting employers and employees. However, the employer is
required to adopt a fair dismissal procedure to meet the ends of justice. For those with a college
degree, they must be able to obtain a certificate in paralegal studies. Jones were considered whether
the employer’s decision to dismiss fell within the band of reasonable responses open to a reasonable
employer. An employer can, at common law, terminate the employment contract without cause.
While on the other hand, some training programs also offer legal research and the legal applications
of computers, while some also offer an internship wherein the students gain practical experience for a
period of time by formal training and rendering services for a few months in a private law firm, the
office of a public defender or attorney general, a corporate legal department, a legal aid organization,
a bank, or a government agency. The provisions defined under these two statutes do not necessarily
apply to contracts that have been engaged in written means. As mentioned earlier, redundancy that is
not constructive is potentially fair as a dismissal reason. Bibliography Acas. 2012. “The Equality Act
2010.” Accessed March 20, 2012. Paid suspension can be resorted to if necessary during the
investigation. The third prong in McKenna’s test however proved to be an onerous one in Market
Investigations Ltd. If, however, if the matter was related to sexual discrimination, the defense would
not succeed unless the discrimination could be justified. There is no Irish legislation that deals with
probationary periods. Source: imgv2-1-f.scribdassets.com Text boxes can help brainstorm and
organize a paper on any topic. FCF is a new regulation in legal employment framework that will
begin. The reasons are capability, conduct, redundancy contravention of some statutory requirement
and some other substantial reason. During November 2003, Sandra Green filed a suit against
Denny’s Restaurant when they mistreated by a white waiter at Denny’s restaurant in the “St.Louis
Suburb of Fairview Heights.” It was alleged by the Sandra Green family that white waiter
purportedly gave priority to white patrons while completely disregarded Sandra Green’s family. We
have trained the best scholars in different fields of study.Contact us now at and place your order at
affordable price done within set deadlines.We always have someone online ready to answer all your
queries and take your requests. Another very pertinent point is that her professional services are
required by the company for its customers and therefore refusal to her request is not only correct
legally but ethically also because Janet works in a services based industry which is dependent on
client satisfaction. It is to be remembered that individuals with impairments are remain as an
unexploited team of talent who are eager, enthusiastic and ready to work and all that is needed by
them is an equal opportunity. Therefore, the Act has played a great role in cultivation of good. As of
1 October 2015, the Labour Court is the single appeal body for all workplace relation. Therefore
there can be no claim to a redundancy payment.
Secondly, since the dismissal of Kate under redundancy clause is null and void, it can be legally
construed as unfair dismissal with the malafide intention of upsetting Kate and against which she
has genuine case for filing a claim in employment tribunal. Fleming, Coffman and Harter, 2005 These
connections are absent in majority of the most traditional organizations. You need to site sources, use
academic data and show scientific examples. Source: 0.academia-photos.com These guidelines will
help you learn how to research your symptoms online if you have concerns. The issue of justifiable
qualifications raises in the Price v. Safety. International Labor Management Journal, 4(2):1-193. Sex
discrimination is also another issue that includes hiring only male candidates or o the basis of marital
status and it also includes sexual harassment among the women. (Bruce, 2005, p.21) C) Discuss
whether or not an employer can consider an applicant's or employee's age when making employment
decisions. These can include reference checks, criminal-background checks (although only in very.
And also in paper describes how the law protects employees from the kind of conduct of employers
that effectively renege on the terms of the employment contract. The Employment Equality (Age)
Regulations 2006 ban discrimination in terms of age during recruitment, training or during
promotion. Employee engagement activities at office will always keep the employees refreshed and
relaxed. Hence, food industry is under compulsion not to confront the rituals of racism as long as it
affects their falling rates of profits and loss of customers. These guidelines will help you learn how
to research your symptoms online if you have concerns. Conclusion In view of the above said
inherent weaknesses in the locker system, the employer is not justified in dismissing both the
employees that too without following the ACAS Code disciplinary procedure and without giving
reasons for dismissals in writing. The employee shall have the right to ask questions, present
evidence and raise points in regard to the witness statements if any. However, Melville commenced
termination proceedings against Davidson. Research beyond the internet and your paper will stand
out. It should make recommendations to ensure that the Council does not find itself financially liable
by being in breach of the legislation. A dismissal is automatically deemed unfair under the UDA, if
an employee can show. The professions have fallen under criticism for being elitist and protectionist
in their efforts to act as a barrier to entry into the profession and a social shield for their members to
protect their income as well as their reputation. It also bans unjustified retirement age of below 65
years (Law on the Web 2011). Educators and educational administrators typically use this writing
for. If an employer has not conducted an intenral enquiry or not followed correct disciplinary
procedures, then, an affected employee may approach the employment tribunal or courts in uk
against his unfair or wrongful dismissal. According to the prevailing UK law, the separated employee
should seek legal advice on compromise Agreement, well before signing the agreement provided by
the employer. Since this term of work is on a contract basis, I am considered as an independent
Employment Law The Employment Law is aimed at mediating the relationship or the togetherness
between the employees, employers, trade unions and the government (Sargeant, 2001, 54). No
matter where you are in your intellectual journey, the ability to assemble and analyze large amounts
of complex information is a skill that can pay art carden is an assistant professor of economics and
business at rhodes college in memph. In the same line, it is required that the employer should issue a
six months retirement notice to the employee so that they can plan well for their retirement. In case
of notice period mentioned in the contract, a reasonable notice is a must though the length of notice
can vary according to circumstances and industry norms. However, an employer is required to give a
statutory minimum period of notice i.e one week’s notice if the employee has worked continuously
for one month or more but less than two years. Tips on researching and understanding laws, and legal
cases. The pay rate for overtime, if any different to normal pay, should be clearly outlined in the
employee’s Employment contract. Report about the Implications of the Equality Act 2010 The Chief
Executive, Tyneside Council, London Dear Sir, Implications of Equality Act 2010 in Public Sector
Organization Attached herewith please find a detailed report on the Equality Act 2010 which carries
general duties, specific duties meant for meeting social responsibilities by the Public Sector
Organization.
Generally speaking, there is no statutory entitlement to overtime under Irish law, or to. We use
cookies to create the best experience for you. You should consider its sections before submitting
them for further consultations. Burchell et al (1999, p. 46) explains that among the protection given
by these employment provision statutes include redundancy compensation, guaranteed pay and
protection from unfair dismissal. The paper “Legal Profession in Private Practice” seeks to answer
what extent does the legal profession in private practice provide the general public with an adequate
and effective service and what could be the impact of the Legal Services Bill of 2006. But knowing
what lies beneath all the hardships will pay-off because I will be able to serve my clients, the
community and my country, having in mind that I will be fighting for worthy causes. However, the
employer is required to adopt a fair dismissal procedure to meet the ends of justice. This should be
illustrated by case law for all areas of discrimination. This is because noncompliance with this law
can attract a heavy penalty on the part of Stonefield as an employer. Upload Read for free FAQ and
support Language (EN) Sign in Skip carousel Carousel Previous Carousel Next What is Scribd. The
more engaged the employee is, more is the likelihood of the organization to be a great place to work.
Thus,having diverse workforce will bring organizational benefits like enhanced decision-making and
problem solving, expanding to new consumer markets, improved product development and the
capability to vie in global market. Managers can redesign the work and policy on the basis of the
factors presented in this paper would lead to happy workforce. Denny’s Inc is a famous food chain
restaurant in U.S.A. However, in 1994 and recently also, it witnessed a host of racial discrimination
cases and it settled these issues by paying whooping compensation amount to claimants. Bryan is a
partner and head of the employment practice at Matheson. Singaporeans. Such vacancies are
supposed to remain within job bank. Vilma Toshie Kutomi and Domingos Antonio Fortunato Netto.
Paid overtime is more common with hourly paid staff than salaried staff. Stage Three: If an employee
desires to hold an appeal meeting, she or he may accompany with someone of his or her own choice.
The law has entailed a redundancy payment scheme through which the amount to be paid to the
dismissed employee will be paid. To complete the requisites of the contract of employment, the
Santander employee should have this contact in writing and must be fully understood that the
employee will work in accordance with the nature of the job on behalf of the employer. According to
the employment Rights Act 1996 c18, unfair dismissal1 is defined as termination of an employee's
contract by the employer in violation of the requirements of the Act. Racial Discrimination Racial
discrimination is strongly prohibited according to the Race Relations Act 1976. The aims and
objectives of mentioned act are given which is known as public sector equality duty to consider and
ensure transparency in carrying out their functional responsibilities especially in the areas of policies
and decision making process. The maximum penalty for such an offence is a fine of up. Our first
general interest chapter continues to track the variety of employment-related. Pilkington plc in which
the EAT held that there is no rule of law restricting the period of events in respect of which an equal
pay comparison can be made to six years before the date of the application. This is 100% legal. You
may not submit downloaded papers as your own, that is cheating. Also you. However, if the
employee has committed serious or gross misconduct, summary dismissal without notice with
immediate effect is justified. In England notice is a pre requisite of termination process.
The statutory redundancy payment scheme provides that the dismissed employee receives: One and
a half of the pay one was getting weekly for each year in which the employee was over 41 years of
age; The pay one was getting weekly for each year in which they were over 22, but under 41; and
Half of what he was getting weekly for each year under 22. (Law on the Web, 2011). Pickering
under the Employment law was perhaps a fair judgment (Haynes, 2003). Enjoy our curated selection
of 26 jdm wallpapers and backgrounds. But at the same time, she’s offered a post of Senior
Administrator, at the company’s headquarter based in London with the same pay scale and a
relocation package. Denny’s management acknowledged that though there was no practice or policy
of discrimination at the company, some customers did witness discrimination in some of their
restaurants. It is general practice in the UK that the employer bears the cost of legal advice (Taylor
and Emir, 2009). These particulars are the rate of pay; the intervals at which it is paid; terms and
conditions relating to holidays including public holiday with sufficient information to enable the
entitlement to be paid precisely; the title of the job which the employee is employed to do; the place
of work; the length of notice which the employee is obliged to give and entitled to receive to
determine the contract. The workplaces are required to be changed to facilitate handicapped
individuals. Basically, it’s like you’re hitting two birds with one stone. Clearly, both sides intended to
formulate contracts for services. But however, even though the employer deducts the employee’s
wages, that deduction could be challenged as in Fairfield v. Skinner. It is expected the lawyers
delegate some of their responsibilities to a paralegal or legal assistant in order to concentrate during
presentation of evidence in court or conducting interviews with the clients. In view of the above case
laws, employers like Denny’s Inc should not indulge in workplace discrimination else such business
would be prosecuted under “Title VII of the Civil Rights Act of 1964.”. Deaf people had won the
suit to recognize them as people of autonomous culture and not as handicapped persons. Global
diversity and inclusion initiatives remained a significant issue in 2016 in. However, the tribunal of
employment frequently orders for compensation against damages keeping in mind the financial loss
that the employee suffered at the hands of an employer (Caisley, 2008). As with every other area of
life, legislation comes with some jargon that, once mastered, should come in handy when you're
trying to understand the law. There is no requirement to keep a register of foreign workers, however.
Examples of when it may be necessary include where. Your case deserves and will receive careful
attention at every phase of the process. When she complained about this, the management retaliated
against her by reducing her working hours and finally she was terminated from her employment. The
sufferer need not to be the individual teased but could be any individual who have been distressed
by the offensive conduct. Perritt, Henry H., 2006. Employee Dismissal Law and Practice. All these
aspects of control must be considered in deciding whether the right exists in a sufficient degree to
make one party the master and the other his servant. For claiming wrongful or unfair dismissal, an
employee must have put in one year of continuous employment with the employer. In this regard,
employee status needs a far fairer and more precise test than that provided for at common law.
Previously, employers could file monthly, even if employees were paid weekly or fortnightly. In this
regard three requirements had to be fulfilled. This information must be furnished to employees
within 28 days of commencement of. In U.S.A, food styles symbolizes racial and class divides.