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.