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.