Essay about business law

Submitted By equityandtrustsuckba
Words: 1315
Pages: 6
Open Document
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 statutory provisions apply.
The next factor to establish is the dismissal. According to the Employment Rights Act 1996 s.108 (1) that Shane can sue Bright Sparks Ltd if he has worked for them for least 2 years. As he started work in March 2010 and received the termination letter on April 2012 this means that Shane has worked more than 2 years with Bright Sparks, hence he can bring a claim. An employee can only bring a claim when there has been dismissal recognised by law, in this case an actual dismissal was made as the employer wrote a letter of termination. The next step to dismissal is the grounds, s.98 (2) ERA 1996 states that all dismissals are unfair unless the employer can justify the dismissal on one of the grounds, in this case it would be lack of capacity and conduct. In BHS v Burchell [1980] the courts established that the employer must have an honest belief at the time of dismissal that there was a fair reason to dismiss, must have a reasonable grounds for holding that belief and the ground must be based on reasonable investigation. In Shane’s case, the employer failed to provide adequate training as the last review was two years ago and therefore according to British Sulphur v Lawrie (1987) this constituted as unfair dismissal. Also the employer failed to reasonably investigate Shane’s performance as the last review was two years ago, Nottinghamshire County Council v P (1992), which also constitutes as wrongful dismissal.
Shane must bring an action against his employer for unfair dismissal within 3 months to the employment tribunal, he can claim while working but his employment needs to end before he can claim any damages2. The Employment tribunal has to decide whether a dismissal is fair or not and this can sometimes be difficult to predict with accuracy. The tribunal look at the facts of the case and assess whether the dismissal was fair and reasonable in fact. There is also the ACAS arbitration scheme which allows ex-employees to submit their
Show More

Related Documents: Essay about business law

Canadian Business And The Law

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 6 CHAPTER 6 FORMING CONTRACTUAL RELATIONSHIPS Objectives After studying this chapter, you should have an understanding of • how negotiations lead to a contractual relationship • how negotiations can be terminated • the legal ingredients of a contract • how contracts can be amended or changed Learning Outcomes • • • Understand how business negotiations can result in the formation of a contract or terminate without legal…

Words 3867 - Pages 16

Business Law Paper

Business Law Term Paper Legal Analysis of Dating Site User Agreement Chosen Site: eHarmony BUSI 2601B Dr. G. Levasseur March 8th, 2015 Table of Contents I Executive Summary 1 II Introduction 3 Overview and Objectives: 3 Methodology: 3 Business Relationship: 5 III Clausal Description and Explanation 6 Document 1: Privacy Policy (3 pages) 6 Document Two: Terms of Service (five pages) 18 IV Application of Legal Principles 32 V Lessons Learned, Recommendations and Example Scenario 46…

Words 15495 - Pages 62

Essay on Business Law

Business Law “The doctrine laid down in Salomon v Salomon & Co Ltd [1897] AC 22 has to be watched very carefully. It has often been supposed to cast a veil on the personality of a limited company through which the courts cannot see. But that is not true. The courts can, and often do, draw aside the veil. They can, and often do, pull off the mark. They look to see what really lies behind” - Lord Denning in Littlewoods Mail Order Stores v Inland revenue Commissioners [1969] 3 All ER 422.…

Words 1964 - Pages 8

Business Law Essay

Resources in a Business Context BUS 746 Law Assignment 1A Amit Bhanot S12003170 Question Two ‘Equally, it is recognized that the formal and rather intimidating atmosphere of the ordinary courts is not necessarily the most appropriate one in which to decide such matters. Even where the dispute cannot be resolved internally. In recognition of this fact, various alternatives have been developed specifically to avoid the perceived shortcomings of the formal structure of law and court procedure…

Words 2072 - Pages 9

Law and Business Essay

Tiffany Ly Business Law February 11, 2011 Robinson Law and Business Natural law is one of the oldest of its kind. The natural law theory believes that there is a higher law and it applies to all human beings and if a law is unjust then it does not have to be obeyed. Natural law is based on fairness and equity and this can easily relate back to the world of business. One major question that lies in international business is whether or not foreign employees should have the same protection…

Words 620 - Pages 3

Business Law Essay

Business Law Law- the body of rules that can be enforced by the courts or by other government agencies. Sophisticated Client- Person who understands the role of a lawyer and knows when to represent himself/herself and when to get the help of a lawyer. They understand the cost associated with a lawyer and how the process works. Legal Aid- Legal help for people who cannot afford a lawyer. Civil Law- A list of codes that judges apply to cases. Common Law- Law based on past decisions made by the…

Words 1269 - Pages 6

Business Law Assignment

Business Law Assignment 001 Student Number: 1307312 Business Law Assignment 001 Student Number: 1307312 Contents Introduction Page 3-4 Main Body Page 5-8 Conclusion…

Words 1667 - Pages 7

Introduction To Business Law

Introduction To Business Law Coursework Assignment II This writing is presented to discuss, argue and justify the dealings of Peter Piper with Paris Sheraton, Britney Arrow, Microwave Madness Ltd and the fire fighters as presented in the question. I will start by discussing the Paris Sheraton case. The display of the bright pink vacuum cleaner as it applies to this case is an invitation to treat. Invitation to treat legally is an incitement to make an offer; the offer made is subject to acceptance…

Words 1612 - Pages 7

Essay on Business Law

the Congress can regulate a local business if doing so is in the national interest. This includes situations where the actions of many small businesses taken together could have an inter-state effect. In Heart of Atlanta Motel v. United States case, the court decided that a local hotel would have to comply with federal stature and follow the requirements of the Civil Rights Act of 1964, because it is part of the commerce/travel. Even though it is a local business, the Congress has the power to regulate…

Words 2277 - Pages 10

Business law Essay

Associate Degree in International Business -International Business Law- Teacher: Annie Everett Student: Terrence Catsourakis ID: 0919448 Turnitin Paper ID:204191110 1. Does the transaction have a sufficient connection with States that have ratified the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) so that its provisions will govern the contract? The Vienna Convention applies to contracts of the sale of goods between parties…

Words 1813 - Pages 8