The hospitality law
Question No.1 List at least nine points that may be included in a Contract of Employment.
- The names of the employer and employee.
- The date when the employment began; and the date on which the employee's period of continuous employment began (taking into account any employment with a previous employer which counts towards that period).
- The scale or rate of remuneration or the method of calculating remuneration.
- The intervals at which remuneration is paid (weekly, monthly or other specified intervals).
- Any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours).
- The title of the job which the employee is employed to do or a brief description of the work for which the employee is employed.
- Where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end.
- Either the place of work or, where the employee is required or permitted to work at various places, an indication of that and of the address of the employer.
- Any collective agreements which directly affect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made.
Question No.2 Describe exactly what an employer can expect from an employee.
There are some specific expectations that usually employers have from employees. These expectations are absolutely reasonable. The employee has to be truthful, respectful towards the employer and work competently (demonstrate specialized behavior and appearance according to company's procedures and regulations, follow safety regulations and last but not least be punctual towards his /her duties.
Question No.3 Explain four different instances where dismissal is treated as being automatically unfair.
The dismissal of an employee will be held to be unfair and give rise to a claim of automatic Unfair Dismissal if it is for one of the following reasons:
- Because the employee was dismissed or selected for redundancy on maternity related grounds;
- Because the employee was dismissed or selected for redundancy for talking or seeking to take paternity leave;
- Because the employee was dismissed or selected for redundancy for taking or seeking to take adoption leave;
- Because the employee was dismissed or selected for redundancy for requesting flexible working arrangement;
Question No.4 What are the remedies for unfair dismissal?
If you win your case, the Employment Tribunal must first consider whether you wish to be reinstated and if so, must decide whether it is just and equitable to order that. If not, compensation should be awarded to take account of the losses you have suffered up to the date of the hearing and the amount of time you are likely to be unemployed, or if you have a job, to compensate you for any loss in pay in the new job.
If you have claimed unemployment benefit, the amount of benefit you have received is deducted from the award of compensation. In addition, you should also get a payment equivalent to a redundancy payment that is called a basic award. In some cases, you may be able to get compensation for distress, humiliation, damage to your reputation or to your family life or similar matters caused by your dismissal. Such compensation is unusual and is unlikely to be awarded unless your employer had behaved particularly badly in dismissing you, for example if your employer dismissed you on the basis of unfounded and very serious allegations which have severely damaged your reputation, or if the way you were dismissed was particularly humiliating, or if you were subjected to particularly abusive harassment by your employer which caused you to resign and claim constructive unfair dismissal. In principle, however, such losses are recoverable.
The amount an Employment Tribunal can award as compensation for unfair dismissal is capped at £ 55,000 (for dismissals after 1 February 2004) plus the basic award. If you were employed at a rate of pay below the national minimum wage, you will be paid compensation at the appropriate minimum wage rate.
After dismissal, you must take steps to try and find alternative work and if you do not, your compensation may be reduced by a percentage. The Employment Tribunal may refuse to order reinstatement if you have contributed to your dismissal by your own actions.
- What laws are concerned with Mrs. Bee's complaint.
The EC Treaty Article 119 states that each member of the state for the equal job should have and the equal payment. In the particular case Mrs. Bee should complain, because by law this is not approval that Mr. Sea has higher salary. Mrs. Bee will have all rights, because she and Mr. Sea were employed at the same time, sharing equal level of qualifications, and performing the very same tasks of job, however, Mr. Sea was receiving higher salary. In addition to that, he had 2 extra week of holiday than she did. Understandably, sex discrimination occurred to Mrs. Bee side. Consequently, it can be easily assumed that women can be paid less than for performing equal job. Actually it is a kind of stereotype, employers feel embarrassed to pay men wages considered as low.
This situation is the same like Defrenne V Sabena (1975) where the male air steward was more paid then the two hostesses.
- Are there any legal differences between salary and holiday entitlement?
According the EPA 1970 a woman and man who have less holiday entitlement than a comparable employee of the opposite sex may be able to claim equal holiday entitlement. Therefore, they are the same; the staff should have the same payment, not used for holiday.
- If Mrs. Bee's request is denied can she take the matter further? What remedy may she receive?
The answer is obviously yes, as a consequence of the industrial tribunal, wins in this case and she will be capable of receiving some money and interest for six years.
A complaint can take place, because the management of the establishment it discriminates (racial) indirectly. The way of avoiding this incident the management can state that the reason that a potential cooperation cannot take place is for hygiene reasons and that under the regulations of it, is not permitted staff with relative appearance, HACCP or ISO can also be mentioned. If it is about religious reasons then they will fail on a court.
The first mistake of the management of the company was, that they were aware of the problem with the slippery passage floor, so they should have put signs mentioning to employees being careful instead of sending memos in each office in order to warn the employees that the floor could easily become slippery if wet; by that management was asking for an accident. Accordingly, the employer had failed to comply with the common law duty of providing a safe place of work or safe means of access to it. The duty on the employer is to take reasonable care, but the duty to supply safe equipment is amended by the Employer's Liability (Defective Equipment) Act 1969 which says that if an injury is caused by defective equipment which is due to a manufacturing fault the employer is liable to the employee. These common law duties create civil rights and duties in the same way as the common duty of care under the Occupier's Liability Act 1957.
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