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In the given case, Adam is programmer for developing software for the Alpha Ltd but suffers RSI or repetitive strain injury. Linda is one of the company’s director and manager of the project being aware of the sufferings of Adam and his condition of pain during duty.
Adam is found to be sent for occupational therapy where he is recommended an adjustment in the equipment which is used by him earlier. After 2 months, the adjustment is done. However, there was not much improvement (Mei et al., 2020).
He took an off of three months but after returning a formal meet is called to let him inform regarding his poor performance which is not as per the standard. There was an announcement of the implementation of improvement plan in his performance. Adam give the explanation of his condition which leads to a below standard performance. After two months of the commencement of the improvement plan for his performance, he was found to be dismissed (Mei et al., 2020).
The act of equality became a law in the year 2010 which covers every individual of Britain along with protecting them from victimization, harassment or discrimination.
Indicates of words treatment of an individual in comparison to other individual due to a protected feature. For instance, promotion at the work area. Employers might believe that the memory of people become worse with age, as an outcome stop conveying messages to the older workforce. Assume that the employee would be in capable of performance job and starts discriminating him (Benedi et al., 2018).
It occurs when any organisation creates a regulation or policy which create a negative influence on an individual with the protected feature in comparison to another individual not having such. For instance, a regional authority might plan a re - development of their housing and decides for holding event of consultation, one evening. Various females who resides might start complaining because of not cable of attending the meeting due to their responsibility of taking care of children.
In UK, the tradition is for allowing the maximum possible freedom and initiative towards the organisational workers and employees in order to regulate the mutual relationship and determination of better working condition. A large number of nations within UK have an elaborated provision in this context within their legislation (Lahuerta et al., 2018).
However, there is a reluctance towards the legislate, which remains largely unmarked. The same occurs in the given case study, where the employer is not complying with the legislation and unduly dismiss the employee. Currently there is a legislation concerned industrial training as well as discrimination of employment with a formal matter of collaborative agreement and the legislation regarding a collective bargain which safeguards the undue dismissal of employees. Some of the practices of trade unions were further enacted in between the 1970s and 1980s. Virtually there exists various developing nations that experience absence of established trade unions for a collective bargain. Their important role for the economic development of the state is supposed to occupy a premium place for their legislative activities (Price et al., 2018).
Ensured the trade union is considered as the organisation constituting of members on the basis of organisation-based membership and mainly includes workers of the given organisation. Their major objective is protection as well as advancement of the interest of their members within the organisation. A large number of trade unions exist which are independent of the employers. The trade unions have focus on creating a close work based relations with the employers which can also be a kind of partnership contract in between the employers and trade unions in order to identify their common objectives and interests (Carneiro et al., 2020).
As per the act of Health and Safety at Work, the employer has the liability of securing the safety of employees during their working along with preventing their potential harm.
The effective safety and health legislation could create prevention of any sort of incident which creates costly legitimate actions, irrespective of mentioning the senior manager and board of director's reputation, who might be found accountable personally.
The major objective regarding the legislation of safety and health is for ensuring the employees as well as employers to not put themselves in in any kind of danger during work. The further secure any public member from the danger in case they are supposed to arrive at the given processor further governs the safety of the workforce in context to the working period of an employee after and before taking break.
The major legislative pieces which deals with various aspects regarding safety and health is the health and safety e at work, etc. Act of 1974 as well as the regulation regarding management of health and safety at work of 1999, which set a standard for various safety and health measures in the work place of United Kingdom (Oswald et al., 2019).
Traditionally there exist some secondary pieces regarding the legislation of safety and health that are quite specific along with covering a variety of subjects like DSE, fire and manual handling. All of these all together forms the legislative framework regarding safety and health measures in workplace.
The regulation of health and safety or the display screen equipment of 1990 to secure the uses of DSE. The users of DSE are those workers that have habit of using the equipment of DSE or workstations for a considerable time period usually larger than 1 hour per day for completing their task (Basaga et al., 2018).
These regulations are further applicable to the users of DSE who are engaged within the home or outside with the temporary employees and contractors.
The regulation of manual handling operations of the year 1992 which was further amended in the year 2002 is applicable to a broad range of activities involved in in manual handling performances consisting of carrying, polling, pushing, lowering or lifting.
According to the law, there could be a fair dismissal of employee in case the employer has valid or genuine cause and he follows appropriate procedure. Usually it consists of mis conduction on the basis of any unauthorised work absence for severe insubordination (Alves de Castro et al., 2020).
According to the section 1(a), it is noted to provide special security towards employees as well as workers with effect from 31st of May 2021 that are found to be dismissed to draw the attention of employer towards the safety and health issues associated with the place of work. The authority regarding unfair dismissal in context to the safety and health reasons initiates from the section hundred under the act of employment right or ERA of 1996.
The section 1(a) also states in the act of employment right of 1996 give security from the detriment in safety and health relating cases and have amendments order in 2021 for extending the legitimate security of section 44 (1)(d) +(e) for including the workers. The instruments of statute implement to the detriments from 31st of May 2021 and after that.
The section 100 employment right act explain that the dismissal would be categorised as automatically an appropriate in which the principle cause of dismissal is regarding the following (Alves de Castro et al., 2020) –
To designate safety and health related activities in which the employers designate for performing activities in association with reduction or prevention of risk regarding safety and health at the workplace, employees being performing or propose to perform any of these activities – s.1(a).
To become a designated safety and health representative for the workers or members of the committee of safety in the workplace in which the employees carry out or propose to carry out any of the function as a member or representative of such committee – s.1(b)
To become the employee where any representative or a committee of safety is absent foreign places where reasonable practicability of such committee is not present for raising such issues what to bring the attention of employees by appropriate means regarding the situation associated with the working of employees in a reasonably harmful or potentially in appropriate regarding safety or health reasons – s.1(c) (Mayuran et al., 2020)
To leave or propose to leave or refusal of return towards the harmful place of work or any kind of dangerous section of the workplace in which the employee have reasonable belief of being in imminent and serious danger along with not having reasonable expectations of averting it – s.1(d).
Employers might believe that the memory of people become worse with age, as an outcome stop conveying messages to the older workforce. Assume that the employee would be in capable of performance job and starts discriminating him. The given case is associated with a direct discrimination where the employee, Adam is dismissed by the organisational authority because of his repetitive strain injury leading to a fall in his working performance (Collins et al., 2019).
The existence of trade union in the given case study could be proved quite helpful for the employee, Adam due to their capacity of restricting Linda from taking in appropriate action against Adam. If there exist a trade union in the given organisation, it can negotiate a contract in between Linda and Adam in respect to their working conditions and pay scale along with employment tenure. It can provide a large scale redundancy towards transformation of the organisational condition. The trade unions can further discuss the major concern of their members with the employers along with accompanying the members during their grievance and disciplinary meetings, providing them financial and legal advises as an when required and providing the facility of education along with specific consumer advantages like that of the discount – based insurance (Servais et al., 2020).
The regulation of workplace consisting safety health and welfare of 1992 is applicable to two most of the workplace. It needs the employers for ensuring the safety of their work surrounding to make it free e of the risks that are probable along with ensuring the provision of suitable equipment according to their necessity.
With reference to the case law of Secretary of Labor v. Angelica Textile Services, Inc, the Angelica Textile Services, the commission for reviewing the health and safety of occupation reaffirmed as well as clarified standards of proving for the recurring violations which the employer might rebut the case of OSHA or occupational safety and health administration regarding the considerable similarity by exhibiting – (1) the hazards and conditions related with disparate of violations or the (2) active sought out as well as elimination of similar risk by the employers after the initial violation. Earlier, only exhibiting a second time citation of employer within the similar standard are supposed to meet their burden regarding proof, as per the case of OSHA. In other words, the OSHA is found to water the measures associated with substantial or considerable similarity (lestari et al., 2020).
With reference to the case law of the United States v. Mar-Jac Poultry, Inc., 2018 U.S. App. LEYXIS 28400 (11th Cir. Oct. 9, 2018), the district court was appropriate to conclude a squares of inspecting warrant regarding the lack of appropriate showing irrespective of the prejudice to the establishment of appropriate stand by the OSHA. The logs of the given case as suggested by their title, records the tasks associated with illness and injuries and not the violation of OSHA. As per the provision of regulations the reporting or [r]ecording of any fatality, or injury associated with the task do not indicate that the employee or employer have any fault, but the rule of OSHA being violated or the eligibility of employee in respect to the compensation for or any other form of benefit to the worker (Devadas et al., 2021).
With reference to the case law of Acosta v. Hensel Phelps Construction Co., The conclusion can be drawn that labour secretary have authority within the section 5(a)(2) of the act of occupational safety and health, 29 U.S.C. § 654(a)(2), for issuing citations for controlling the employers at the work sites of multi - employer to violate these standard of the given act. There is a grant regarding the reviewed petition, ultimate order regarding the occupational safety as well as reverse review Commission for health. The given cause is supposed to be remanded towards the commission for successive proceedings which are consistent with the given opinion (Devadas et al., 2021).
The employers consist of responsibilities regarding the safety as well as health of the employees and any of the outsider arriving at the premises including the common public, suppliers and customers. Along with their duties, exist some regulations for dealing with specific has a as well as for the industries in which there is a higher potential of the occurrence of hazards.
There remains a legitimate application for reporting certain kind of incident in the place of work to appropriate authorities.
The self-employed individual employers along with people who are within the control of the premises have legitimate responsibility of reporting following -
After analysing the given case study, it can be concluded that the performance of Adam was below standard because of his repetitive strain injury and discomfort at workplace due to the equipment there. The case is associated with the poor health condition of the employee which should be considered by the employer as their responsibility instead of further pressurizing him to enhance his performance in spite of suffering from the injury. The employee is fulfilling his duty of informing the employer regarding his injury associated with the work but the employer is not found to fulfil his duty of taking care of health and safety condition of his employee in the given case. Further Adam is noted to be dismissed from his employment. Hence it can be concluded that Adam is capable of seeking redressal from the legislative authority on the basis of the regulation of health and safety of employees and can claim compensation in this respect from the employer (Aziz et al., 2021).
The employees for their have duties regarding their own safety and health during work. The employee give refusal regarding anything which is not supposed to be save irrespective of having fear regarding the actions of disciplinary. In case he or she thinks that their employee is not fulfilling their duties, they have the ability of talking to them. The representative of safety or the officials of trade union are supposed to be capable of helping the employee in this context.
Being the last resort, the executive of safety and health regarding the north Ireland or health department for the environment of local region could be reported regarding the employer.
If the employee is dismissed because of their refusal of performing any on safe task, they have the right it of claiming this inappropriate dismissal at the tribunal of employment (Olagunju et al., 2021).
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