Module Name & Number: Employment law & BHM350
Course Tutor/Lecturer: Dr Nicholas Theodorakopoulos
Candidate number: 333867
Date of Submission: 13/03/2013
Word count: 3060
Hello, I am the Line Manager for Division F – the employees dealing with customer complaints. As you know, we have recently had a move around of desks and filing cabinets. The work area is still rather untidy, with boxes of files waiting to be moved. Today, James was messing around, and hid behind a pile of boxes. He jumped out as Juliana was walking by. She was startled, fell backwards and has broken two ribs in the fall. Should we dismiss James? He is saying it is all the fault of the organization for having boxes around and that Juliana only fell because she tripped on one of the boxes.
According to the cases, the issues can be identified to that, firstly, this company have not keep their offices clear, it was led employees work in a comfortable and safety environment. Secondly, james was messing around during the work time, him attitude can be a other issue in this case. Thirdly, James jumped out when Juliana was walking by was deliberately,(mayhem) it can be the third issue. And finally, Juliana fell backwards and broken two ribs in the fall, It was led serious consequence.
From the following pieces of employee law, I suggest that the organization can not dismissal James. Through the misconduct regulation of termination of employment, provide which is a less serious offence and is usually dealt with through disciplinary warnings: if the behaviour does not cease, there is the possibility that the employee will be dismissed – examples of this include bad language, poor time-keeping and improper wearing of uniform (Daniels, 2012). James make the mistake can be a reason for dismissal him and consider with he performance and attitude, this pice of law was disadvantage to him. The reasonableness of a dismissal can also related to the previous disciplinary record of an employee(Daniels, 2012). So we can check the previous performance of james, if he was work hard and not just messing around everyday, we should not be dismissal him.
The health and safety legislation states that the regulations impose a duty on employers to maintain places of work, equipment and system in an efficient state of good order and repair ,workplace (health, safety and welfare) regulations 1992 (Daniels, 2012). The organization recently had a move around of desks and filing cabinets. And their work area is still rather untidy, with boxes of files waiting to be moved. It can indicated that the organization has inescapable obligation. Meanwhile, according the management of health and safety at work regulations 1999, states that the main object of these regulations is to use risk assessment to improve health and safety at work. Employer are required to look at each activity within the organization, consider the potential risks and look at ways to reduce or eliminate risks (Daniels, 2012). Based on the case of latimer v AEC ltd (1953) AC 643, illustrates this point, with emphasis on the requirement to act as far as is 'reasonably practicable'. The organization has responsibility to keep work environment safe. But take reasonable care for the health and safety of employee themselves and others who may be adversely affected by their acts or omissions at work (Daniels, 2012). 193
Accordingly, I will suggest that the organization should solve their problem first, it will be include cleaning the work places to improve their work place environment, ensure employees safety. Compensate for Juliana medical fee and the accident holiday. Because the tort of negligence regulation point that in order to demonstrate that the tort of negligence has occurred, and so succeed in claim for damages, the employee must be able to show that: the employer owed the employee a duty of care. The employer breached that duty through