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Rules to be Implement of Legal Aspects of Business

Category: Law Paper Type: Report Writing Reference: CHICAGO Words: 1150

    The first rule that would implement in the case of Adam is the employee’s misconduct law. As it can be seen in that in this case the owner of the company having trouble with the finances and some money is also misplaced. The employer has the right to dismiss any employee, in case of fraud and stealing of money.  In the Adams case although Jane is the most likely staff members in the workplace to misplace the money buy Adams not have any kind  of prove against her. Under the misconduct and fraud law Adam have the right to investigate for the misplace of money from his employees and in case he found someone guilty dismiss him/her, but the problem is that the proof against the fraud is also needed for the dismissal and week evidence against the guilty can create further issues for the Adam (Lexology.com, 2010).

Gross Misconduct and Maternity of Legal Aspects of Business

        The case whether Adam still pay Jane the Staff member  a maternity pay or discharge her because of the gross misconduct based on the dismissal timing. A pregnant employee in any company or business should be allowed to be paid constitutional maternity pay for 39 weeks that must met 3 situations. First the employee should have at least 26 weeks' continual service and at end of 15th week which is also said to be the "qualifying week", her standard earnings weekly should be equal to or more than the lesser limit of earnings for nationwide insurance aid at time, and the staff member still be employed by employer throughout the week of qualifying, should not dismissed or been resigned before the start of week. So a week for this reason begins on Sunday and finish on a Saturday (WOLFE, 2018).

         Therefore, if the employment of any woman has finished before the Sunday that marks qualifying week beginning, she would not be allowed to legal maternity pay. In difference, a removal from job that is effectual at any time after qualifying week would not have any effect on the right of the women to constitutional maternity pay. So it can also be said that in this case irrespective of the reason for the dismissal. The relevant criterion is that the employee is still employed at some point during the qualifying week (Handrick, 2017).

         Under the Gross misconduct and maternity law the employer have to grants maternity pay it is open to it to implement and plan its regulations concerning payment conditions for the component of maternity pay that go beyond the quantity of constitutional maternity pay to which the worker is entitled. It is also be possible to include a guiding principle that confirmed that dismissed employees for distinct reason, as well as gross misconduct, before maternity leave would part with the right to maternity pay. So it is quite obvious that in case of the Gross misconduct the conditions of the maternity leave also varies (Equalityhumanrights.com, 2017).

Equality law 2010 of Legal Aspects of Business

        Jane can also file case against Adam under Equality law 2010, sex discrimination law in case of dismissal. The Sex discrimination law involves treating somebody especially an employee adversely because of the gender of the person.  it can also be said that the sex Discrimination against an person based on gender distinctiveness, it also include transgender status, or due to the gender orientation is unfairness because of gender violation under Title VII. The Sex discrimination law also forbids favoritism while it approach any phase of employment, include firing, hiring, pay, training, promotions, job assignments, fringe benefits, layoff and other employment condition. So the Equality law 2010 can directly implement in the case of Adam and it is also very important for the Adam to keep in mind the applications and rules of the Equality law 2010 before dismissing Jane or taking any step against the staff member for misconduct (Lexology.com, 2010).

Analysis of Legal Aspects of Business

        By evaluating the whole case issues and rules to be implementing in the case it is also analyze that there are said to be two factors that can create an issue for the Adam in the case of Jane misconduct in the Cafeteria, First the Jane is a female employees and the Adams needs to be very conscious about dismissing her if there is not solid proof of her misconduct because she can sue Adam for violation of sex discrimination law. The second issue is that the Jane is now pregnant and qualifies for the maternity leave being the employees of Adam, so now the situation is become more difficult for the Adam because now Jane can sue him in case of dismissal and not give her the maternity leave under the law of maternity(Aitken, 2016).

        There is also other side of the case when we see the scenario,   it is also important for the Adam to not being very judgmental about the staff just by observing the behavior and word of mouth because the reason for the insecurity  of Jane in the workplace might be her pregnancy and other reasons. So it is very important for the Adam to not conclude anything about misconduct without any investigation (Gov.uk, 2013).

        It is also analyzed from the case of Adam it can be said that it is not very obvious that the guilty for the misconduct in the workplace is the Jane because the reason for the weird behavior of the Jane can be her pregnancy. The other employees Hillary in the workplace who complain the Adam about the behavior of Jane can also be suspected for being guilty for the misconduct because of the his misinterpretation of other employee in the workplace(Lexology.com, 2010).

        One of the major of issue for the Adam is that if Jane is guilty then the Adam would need a solid proof against Jane in order to dismiss her, and in case he would not get any solid proof against her he would not be able to dismiss her because of the violation of gender discrimination Law and also because of her maternity.  It is obvious that Jane is now a quality maternity employee of Adam and in this situation he would not be able to dismiss her without any solid evidence of misconduct against her (WOLFE, 2018).

References of Rules to be Implement 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/.

Lexology.com. 2010. The Equality Act 2010 - one statute to cover all discrimination laws . May 19. https://www.lexology.com/library/detail.aspx?g=7d353d53-b503-4e4a-b86c-c13940875143.

WOLFE, LAHLE. 2018. The Difference Between Sex and Gender Discrimination. August 18. https://www.thebalancecareers.com/sex-discrimination-vs-gender-discrimination-3515722.

 

 

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