Points of Contract of Employment
Some of the points that are mentioned in the contract of employment are:
- The names of the people making the contract, so the employee and the employer.
- The day which the employment begins and ends
- The salary either monthly, weekly, daily or hourly.
- Terms and conditions concerning the hours of work.
- Terms and conditions concerning the day offs and the holidays as well as incapacity of work due to sickness or injury.
- The length of time the employee has to notify the employer for his upcoming resignation.
- The title of the position the employee will have inside the company.
- The location where the employee will work.
- Information concerning the meals and the residence of the employee.
In any business there is a contract between the employer and the employee. This contract is not enough since there has to be a trust between the two parties. The employer has some expectations from his employee and the main is to work and provide services according to the contract of employment. In addition, the employee is expected to act in professional manner towards his superiors as well as his inferiors. A good-looking presentation and a correct appearance to the guests or customers is also needed. What the employer needs is to provide its customers the best possible and as a result gain more money and in order to do this correct employees are required.
One situation of automatically unfair dismissal is when the employee wishes or not to become a part of a trade union or take part or not in the activities of a trade union. For example there is a union for the Greek stewards on board and all the dining room department are part of this union. If an employee decides that he doesn't wish anymore to be part of the union and he is dismissed by his maître D' then this dismissal will be treated as automatically unfair.
Another situation is when a shop worker is dismissed for working on Sundays. For example when a shop clerk is asked to work on Sunday because he has to arrange the stock and he or she denies it and gets fired for this reason, the dismissal is treated as automatically unfair.
A third situation is when an employee is dismissed for reasons related to the Working Time Regulations 1998. For example when an employer asks for the employee to work 10 hours per day and the employee denies and he get dismissed for this reason, then the situation is treated as automatically unfair.
One last situation is when an employee takes, or requests to take parental leave. If for example, the 4-year-old kid of an employee faces a serious health problem and the mother-employee requests for a day off, to take care of her child, and the employer dismisses her, the dismissal is treated as automatically unfair.
Remedies for unfair dismissal are the compensation or anything else an employee will get as compensation for his unfair dismissal. The Employment Tribunal will consider whether the employee deserves remedy or not after request. . More specifically, there are 3 remedies which an employee can seek and these are reinstatement to the same job, re-engagement to a different job, or compensation. If the dismissed employee requests for reinstatement or re-engagement, the tribunal will consider if it is practicable for the employee to return to the same work and to check if it is fair for the employer to re-employee the same person, in cases where the employee was part of the blame for the dismissal. In the case of compensations the employer will be forced to pay for the losses suffered as well as the amount of money to be lost, until the offended finds a job.
Mrs. Bee is a cook in a large hotel and realized that Mr. Sea, who is doing the same job as her, gets larger salary and 2 extra weeks holiday per year.
The first law that Mrs. Bee will refer to is the Equal Pay Act 1970 under which the woman has the right to the same contract pay and benefits as a man when the woman is making the same work as the man. In the specific case, both employees are cooks, doing the same job, with the same qualifications and have the contract for the same time. Also the EC Treaty 119 can be used by Mrs. Bee, in which all member states have ensured that men and women get equal pay for work.
The Equal Pay Act 1970 is not concerned only with the equal pay, but also with the equal treatment in all the employment conditions, including the holiday days. However, the EC Treaty Article 119 applies only to pay and there is not legal connection between the salary and the holidays.
If Mrs. Bee's request is denied by her employers, she can take the matter to the court to claim remedy. Since the employer will be found guilty, the remedy Mrs. Bee will gain is firstly the same level of payment and benefits like her comparator and secondly a back pay, the money she didn't get the 5 years she was working for this employer, plus interest.
The Sikh man can make complaint for racial discrimination against the hotel. He can claim the Race Relations Act 1976 and an indirect discrimination. He would have won the case but because of the positions he applied for, he will not. This is because he applied for catering assistant in the kitchen and the beards are forbidden according to the food health and sanitation reasons. This means that he cannot make a complaint of racial discrimination because even if he will, he will lose the case.
In the case of Bell v DHSS (1989) Mrs. Bell as an employee of the company, slipped on the passage floors, which were known by the company to be slippery when wet. The company has posted memos for extra care to not spit liquids on these passages but they were found by the court that these memos where not enough to ensure safety. The employers of Mrs. Bell failed to provide a safe place of work and safe access to the work area making themselves liable under the common law duties. In addition, there was a breach of the employer's statutory civil duty of care under the Occupier's Liability Act 1957.
Startups, Unfair Dismissal. Internet.
Accessed on 15/01/2010