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Employment Law Law Coursework Research Coursework Paper

Coursework Instructions:

Hiba has recently started a business called ‘Spotless Limited’, providing a cleaning service for local businesses. Hiba does not have the time or the expertise to deal with employment matters and has come to you for advice.
Hiba would like full legal advice on all on the following issues:
1) Hiba needs to draft a contract for prospective employees to sign. Hiba does not have much time and also wants to minimise her costs at this early stage, whilst she is setting up her business. Hiba cannot afford to be generous with her benefits i.e. employees will only receive their statutory rights and/or benefits. Hiba wants to know if she can have verbal contracts with her prospective employees and what key information needs to be given to them.
2) Hiba has already hired Joe Jackson. He is 25 years old and has been working 5 days a week between the hours of 8am – 4pm. Joe has one hour unpaid lunch every day. However James does not wish to take lunch and would much rather get paid for the extra hour which he works. He would also like to work 7 days a week, every week, as he has huge financial commitments. In principle Hiba does not have a problem with this. Is this possible?
3) Hiba needs to employ two additional members of staff. Hiba does not want to employ any females. Having invested a lot of time and effort into starting up her business, she does not want to be in a position where she is paying for maternity leave or having to accommodate flexible school runs etc. Having had children several years ago, she only knows too well the challenges of being a working mum. How can she do this?
4) Hiba also knows from friends who have started their own businesses that staff discipline is important and if not done properly can expose the employer to litigation. Hiba would like to get some disciplinary procedures in place in order to avoid this in the future. What would you advise?
5) Finally Hiba would like to know the difference between wrongful dismissal and unfair dismissal? She has heard these terms many times but does not actually understand them.
What do I need to do to pass? (Threshold Expectations from UIF)
• Identify the relevant legal issues arising from the scenario and apply relevant legislation and case law to produce sound legal advice;
• Write in a clear, structured and grammatically correct manner and reference your sources in accordance with OSCOLA.

 

Advice for Hiba Khan of Spotless Limited

 

Hiba has recently started a business called ‘Spotless Limited’, providing a cleaning service for local businesses. Hiba does not have the time or the expertise to deal with employment matters and has come to you for advice.

 

Hiba would like full legal advice on all on the following issues:

1)        Hiba needs to draft a contract for prospective employees to sign. Hiba does not have much time and also wants to minimise her costs at this early stage, whilst she is setting up her business. Hiba cannot afford to be generous with her benefits i.e. employees will only receive their statutory rights and/or benefits. Hiba wants to know if she can have verbal contracts with her prospective employees and what key information needs to be given to them.

2)        Hiba has already hired Joe Jackson. He is 25 years old and has been working 5 days a week between the hours of 8am – 4pm. Joe has one hour unpaid lunch every day. However James does not wish to take lunch and would much rather get paid for the extra hour which he works. He would also like to work 7 days a week, every week, as he has huge financial commitments. In principle Hiba does not have a problem with this. Is this possible?

3)        Hiba needs to employ two additional members of staff. Hiba does not want to employ any females. Having invested a lot of time and effort into starting up her business, she does not want to be in a position where she is paying for maternity leave or having to accommodate flexible school runs etc. Having had children several years ago, she only knows too well the challenges of being a working mum. How can she do this?

4)        Hiba also knows from friends who have started their own businesses that staff discipline is important and if not done properly can expose the employer to litigation. Hiba would like to get some disciplinary procedures in place in order to avoid this in the future. What would you advise?

5)        Finally Hiba would like to know the difference between wrongful dismissal and unfair dismissal? She has heard these terms many times but does not actually understand them.

Note on academic integrity: in all assessments, you are expected to adhere strictly to the principles of academic integrity. All written assignments are submitted electronically and checked for originality through Turnitin. In addition, should any doubt arise as to whether the written work submitted for assessment is your own work, you will be called by the Unit Co-ordinator for the purpose of a viva voce examination on the assessment.

 

 

What do I need to do to pass? (Threshold Expectations from UIF)

 

•          Identify the relevant legal issues arising from the scenario and apply relevant legislation and case law to produce sound legal advice;

•          Write in a clear, structured and grammatically correct manner and reference your sources in accordance with OSCOLA.

 


Coursework Sample Content Preview:

Employment Law
Name
Institutional Affiliate
Employment Law
Introduction
Sustainable growth and development is a common objective for both small and corporate business organizations across the different sectors of the global economy. The achievement of such an objective takes different forms and depends on the ability of the business organizations to address the demands of their internal and external business environments. The legal factors, for instance, makes for one of the integral elements within the external business environment that influence or dictate how the business entity carries out various aspects of its daily operations. Among the demands of the legal factors affecting business organizations across different sectors of the economy is adhering to the different legal provisions concerning the employment of employees and labor policies. Employment and labor laws function to control, monitor, regulate, and govern the relationship between the employer and the employees. The infringement of such provisions may lead to adverse repercussions on business organizations and thus limiting their ability to achieve sustainable growth and development. Hiba Khan’s business entity, Spotless Limited, presents some of the legal issues facing business organizations around the world and whose mitigation provides an informed understanding of employment law and its application across different situations or scenarios. Provided herein is the identification of some of the legal issues arising from Hiba Khan’s business and proposed mitigation using relevant legislation for the same.
Verbal Contract of Employment
One of the major challenges Hiba Khan faces is setting up her business in the cleaning services industry is coming up with a contract for prospective employees. The start-up business faces financial constraints that limit its ability to offer more benefits than stipulated by the statutory rights of employees. Establishing an effective agreement that defines the employer’s relationship with the employees plays a significant role in avoiding and mitigating disputes whenever they arise within the business setting. Such an agreement is referred to as a contract of employment, and it takes the form of a written or a verbal agreement between the two parties. An employment contract, therefore, functions to protect the employer’s business by setting out the terms and conditions of employment for prospective employees and thus defining the relationship between the two parties. In essence, it is an agreement that states establish the fact that an employer will work for the employer for a financial reward from the latter.
Hiba Khan can choose to draft a written contract for her prospective employees or enter into a verbal agreement on the terms and conditions of employment that would dictate their relationship. Both types of employment contracts highlight the basic information concerning employment with the validity of the agreements determined by unique elements of a contract. The basic information contained in the contract of employment includes the name of the company or employer, the location of work, working hours, as well as the job description or job title. Other information contained in the agreem...
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