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Issues and Problems of Legal Aspects of Business

Category: Law Paper Type: Report Writing Reference: CHICAGO Words: 550

        There are many of the issues related to employment law that occur in this case.  First issue related to the stealing and missing of money in the Cafeteria that is causing a lot of tension for Adam as the returns are less than the receipt he gets from the customers. The suspecting of the fraud employee is also very difficult because the staff in the Cafeteria do their job part time and work in rotation. The second issues rise when the behavior of one of the staff member Jane seems a bit suspicious and Adam also get them to know about the behavior of Jane from one of his employees.  In this case Jane is seems to be the most likely guilty of fraud happened. The main issues are that Adam has not any solid prove and evidence, to take any action against the Jane.  Adam just gets the remarks about the behavior of Jane through words of mouth from another staff member (Equalityhumanrights.com, 2017).

        The third issues rise when Adam get to know that the Jane is pregnant and want to maternity leave. Now the Adam might not be able to take this issue further with Jane because of her condition.  Now in this situation the Adam would not be able to dismiss the Jane and investigate the case of misconduct because now she can also file case against the Adam for dismissing her because of pregnancy. The situation has become very awkward for the Adam because the Gross misconduct and maternity issue in the case. Jane can also file the cased of sex discrimination against the Adam taking advantage of her pregnancy (Gov.uk, 2013).

        It is quite obvious that disciplinary action cannot be taken against the Jane because of her pregnancy and maternity leave absence. The employer may carry out disciplinary act against an employee through maternity leave or pregnancy, so it is concerned to keep away from discrimination and is confident that the disciplinary action of the misconduct in the workplace is appropriate in the situation. It is said to be very important for the Adam in this situation to follow a fair process, as well as also keep in mind the Jane can also put her case against the Adam in court (Handrick, 2017).

        The problem in the case is that Adam not has any major evidence against the Jane and he is also not very sure about the staff member who is the reason behind the whole misconduct in the Cafeteria. Adam need to so more investigation for this case in order to get proof against the Jane regarding the misconduct. The employer has the right to discharge any worker, in case of fraud and theft of money.  In the Adams case even though Jane is the more likely staff members in workplace to steal the money by Adams not have any kind of proof against Jane(Equalityhumanrights.com, 2017).

References of Issues and Problems of Legal Aspects of Business

Aitken, Oscar. 2016. Chile: What Happens When An Employer Uncovers Employee Fraud? July 14. http://www.mondaq.com/x/509442/employee+rights+labour+relations/What+Happens+When+An+Employer+Uncovers+Employee+Fraud.

Doobay, Anand. 2009. UK: The Fraud Act 2006: An Update. December 3. http://www.mondaq.com/uk/x/90240/White+Collar+Crime+Fraud/The+Fraud+Act+2006+An+Update.

Equalityhumanrights.com. 2017. What is the Equality Act? October 30. https://www.equalityhumanrights.com/en/equality-act-2010/what-equality-act.

Gov.uk. 2013. Equality Act 2010: guidance. February 27. https://www.gov.uk/guidance/equality-act-2010-guidance.

Handrick, Laura. 2017. Small Business Maternity Leave Policy & Laws – With Examples. November 20. https://fitsmallbusiness.com/maternity-leave-policy/.

 

 

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