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Conclusion of Legal Aspects of Business

Category: Law Paper Type: Report Writing Reference: CHICAGO Words: 800

        Summing up the discussion it can be said that 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 main issues are that Adam has not any solid prove and evidence, to take any action against the Jane. 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.  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.

        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. 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. 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. 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. 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. It is clear 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 confirmation of fraud and misconduct against her. So, it may also be said that the Adam need to investigate properly on the case rather than making judgment in words of mouth.

Recommendations (opinion) of Legal Aspects of Business

        By analyzing the whole case of the Adam it is recommended for him to first investigate properly because he is not likely to have any solid proof against Jane, so he must not be judgmental about the Jane.  It is also possible that the reason behind the weird behavior of the Jane was her pregnancy and she might be uncomfortable in her job because of her condition.  It is also recommended for the Adam to see the either side of the picture, because it is also very possible that Jane is not guilty of stealing in the workplace. Rather than taking immediate action of the request of Jane for maternity leave, he must keep clam and let the situation be very normal. He must now keep track of the staff behavior at the shop and to get to the guilty person he once gave chance to his staff to do some misconduct in order to reach the person who is being involved in the money stealing. In case Adam give immediate reaction it is very possible that the Jane sue the Adam for dismissing her because of the maternity leave she requested being a qualified employee for maternal leave. It is also significant for the Adam to not being very hypercritical about the employees just by observing the actions and word of mouth because the reason for the anxiety of Jane in the workplace may be her pregnancy and other reasons.(WOLFE, 2018).

        It is also suggested for the Adam to also keep check on the other staff members of the cafeteria because it is also possible that some other member of the staff would be the thief. The Adam must also check the old records of the receipt from the customers in order to know that in which staff time most of the misconduct of stealing happens. It is also possible by doing analysis the time pattern of the stealing he might be able to figure out the staff member who is doing money stealing in the cafeteria (Gov.uk, 2013).

References 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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