Employment Law Case Solution
The Punk-games studios is a publisher of video games. It is going to launch ‘out of this world’ game in a few months, as its launch gate has been scheduled. Until, the launch of the game, the organization wants every worker to serve more time at work. For this purpose, many of the employees are facing much difficulties. Hence, workers are provided with adviceonwhether they can claim for the issues or not.
Sarah, one of the old employees of Punk-games studios has been working for the organization for past five years. She has recently got back at work after her maternity leave. As she has a baby whom she needs to look after,but the organization is not responsible for that. As during her maternity leave, she was not able to do any alternative work – (ERA, s67), hence, she was suspended with payment – (ERA, s68). As during the maternity period of the woman, the organization does not have any right to fire her. As according to ERA, the maternity leave is only allowed to those women who are pregnant.
With respect to the employment law terms and conditions, the organization is now not responsible to provide free hand to Sarah for the provision of her services at office. As Sarah has already taken her maternity leave, and the period of her maternity leave is over, she has to give all the credit hours required as full time office working. Thus, she does not have any right to claim either for more leave or part-time work.
Rich, being an old employee of the Punk-games studios while signing his agreement opts out for the maximum work with respect to the Working Time Regulation. On the individual agreement basis, the length of working weeks in accordance to working hours is at the maximum of 48 hours with average 17 weeks period – (Reg. 4(1)). With the written opt out at the individual agreement – (reg 4(1) and reg. 5), the employees who work more than working hours; are entitled to take their resting hours, and ask for the healthcare assessment. As if the employee works three or more hours more than his duty hours at night, then he is considered as a regular night worker.
Due to continuous work whole week and even overtime on weekends, there is a risk of health issues. As it is not easy for anyone to work extra time on regular basis other than duty hours – (reg 2(1)). Thus, the risk assessment service can significantly be claimed by the worker -(reg. 7)and he also has the right to rest at the duty hours while being at workplace,as it is a part of duty and no rule is violated against this act. If the employer is not able to fulfil the needs of the employee with respect to the agreement then the employer will face a fundamental breach –Commission of the European Communities v UK (CJEU) according to which,the employer either has to accept the repudiation or pay the wages with notice as it is the right of the employee to claim for his rights that need to be fulfilled by the employer…………
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