LAW

Intermediate Award in Employment Law

Intermediate Award in Employment Law

Question # 1

In the given case, there is a dispute between Fred and his line manager over work. The line manager has faced behavioural and attitudinal problems with Fred and finds it particularly difficult to get the work done by him. Recently, he has sworn at him. Under the UK law, swearing at workplace can be a serious offence. According to the Department of Labour in UK, the use of foul language can be taken to court and strict legal action can be taken against the employees involved. The line manager intends to dismiss Fred and this could have been possible under the law had Fred not been known as suffering from mental illness. In the absence of illness, the dismissal would have been justified on account of gross misconduct (Solicitor Marketing, 2005, p. 5).

However, the practical application of the law is not so simple. There are many things that come into consideration before taking any legal action. It is the responsibility of the employer to ensure Duty of Accommodation to the employees who are mentally ill or have any other disadvantage over the rest of the employees under the UK Employment Law. Since, Fred is suffering from mental illness; the court shall send him for a detailed medical examination. This will be done based on two underlying objectives. Firstly, it will assess Fred's ability to deliver what is expected of him. Secondly, it will assess if Fred's swearing is uncontrollable or he is doing it because he has an attitudinal problem. If he is deemed fit for work, he shall be allowed to continue only where he is provided medical assistance for his mental illness and anger management therapy for managing his anger (ELS, 2008, p. 1). In case, he continues his foul language at work in future, the line manager shall have the authority to dismiss him and make a tribunal case out of it.

The lone manager has two options in front of him considering the legal standing of the situation. He can either take the case to court, or better yet he may refer it to the disciplinary committee at the call centre to resolve the issue.

Question # 2

In the given case, Fred has a problem with his line manager. He thinks that the very sense of authority is taken away from him so much so that even an action as small as opening the windows closest to his workstation requires the approval of the line manager. Under the United Kingdom labour law, health and safety of employees is the prime responsibility of the employer. This is also reinforced under the Health and Safety at Work etc. Act 1974. A safe workplace means a workplace that is free from hazard (Morse, 2010, p. 9). This is a very broad definition and a conducive temperature at work also comes under it. In addition, although the Employers' Liability (Compulsory Insurance) Act 1969, is not directly applicable on the underlying ...