3408 Term 1 Coursework 2012-13 Essay

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Although this is not outlined under the employment law, it is only morally sound.

Alan's case

Under the employment law, a part-time worker refers to someone who works fewer hours than a full-time employee does. However, working as an employee a full-time or part-time, is not specified with a number of hours, but a full-time employee will work for 35 hours or more in a week. The law treats fulltime and part-time employees as equal. Therefore, employers should they do not treat part-time workers less favorably compared to full-time workers as outlined in the employment law. Doing this means a breach of employment rights. Allan has some specified duties such as teaching and marking (Honeyball, 2011). In comparison to the full-time lecturers, they have other duties such as devising courses, writing course materials, administrative tasks, supervisory roles and pastoral tasks to the students. In so doing, it is apparent that the University treats Allan less favorably because he is cannot access equal job opportunities.

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However, the law further explains that a part-time worker can receive unfavorable treatment in relation to the conditions and terms of employment if the employer has a fair justification for the different treatment. However, the justification should not depend on the part-time employment contract (Kidner, 2012). Part-time employees who realize that their colleagues (full-time employees) receive conditions of employment that they lack the employment law allow the part-time employee to claim the employment condition from the employer. However, if the employer has objective grounds for treating the less favorably than the full-time worker treats, the law allows for such treatment.

Essay on 3408 Term 1 Coursework 2012-13 Assignment

In addition, the employment law suggests that in events, an employer wants to justify the unfair treatment on objective grounds, they have to show that the difference in treatment is: 1) based on grounds other than their part-time employment status; and 2) The grounds aim at achieving a legal objective of the employer. In Allan's case, it is apparent that the University wants his services part of the week and during the term-time (Sargeant and David, 2012). This is a legal ground to treat Allan less favorably compared to the full-time lecturers. In accordance to the employment law, Allan may fall under temporary employees or a seasonal employee. According to the law, a temporary employee is not typically eligible for company benefits. For the seasonal employees, the law covers the employee benefits, but not typically eligible.

Sylvia's Case

In this case, scenario, it is apparent that Sylvia is seeking a flexi-time. The flexi-time allows workers to select, within a set limit, when to start and end work. The employment law provision suggests that, employees should work during required times and must work within a reached and agreed timeline. Outside the core times, in the beginning or end of each day, they represent flexible bands when employees may choose whether to work (Honeyball, 2011). In additional, this flexible working is a mode of working aimed at suiting an employee's needs such as the one outlined in Sylvia's case. Bruddersford University requires Sylvia to work from 9:30am-1:30pm daily.

However, Sylvia has a small child; therefore, she has asked the university to change her working hours to 1:30pm -- 5:30pm, but the university has refused to consent to Sylvia's request. The employment on flexible time is available for every employee meaning that any employee is eligible to apply for flexible time to suit their needs. In addition, it is a fundamental requirement under the law. The law suggests that an employee must have worked for 26 weeks, be an employee, and not made another application for the past 12 months. Sylvia has worked for 9 months, is an employee and has not applied for flexible time for the past 12 months.

Therefore, Sylvia qualifies as outlined by the employment law for a flexible time. However, her application did not go through citing inadequate staff to cover the mornings. This is the reason for refusal, which is central to the running of the university. According to the reasons provided by the university, it is apparent that the reasons are factual as outlined by the law (Kidner, 2012). The university was correct to reject Sylvia's application, but Sylvia has a chance to appeal against the employer's decision within 14 days as outlined in the employment law. If practicable, the law suggests that a different leader within the university should handle Sylvia's appeal. In conclusion, the University was in accordance with the employment law.


Honeyball, S. 2011.Great… [END OF PREVIEW] . . . READ MORE

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