Employment law Essay Example | Topics and Well Written Essays - 1000 words

Employment law - Essay Example The employee breached the covenant and worked with one of the competitors in the course of the 3 years, hence forcing the plaintiff to seek court injunction restraining him from continuing with the competitor’s business (Lewis and Sargeant, 2004). The injunction was granted by the court on the grounds that it was reasonable to both parties. Therefore, the reasonableness of the terms of the covenant is the important factor a court considers when making a ruling. In our study case, the two clauses are reasonable, for instance, because 12 months is not a very long time and 20 miles radius is a fair distance. However, possible breach must be directly related to these terms. Clause 13 (a) intends to restraint Ian from working as a Director for any UK-based Film Corporation, which means that this cannot be enforceable because Ian left to become a Senior lecturer rather than a Director. However, Clause 13 (b) will be enforceable because the defendant is leaving to work for a firm, wh ich is connected with film industry located within the 12 restricted miles. Advise Julia of any rights that she may have under the Equality Act 2010 in the way that she has been treated. Equality Act 2010 protects Julia from discrimination based on her gender. Her employer owes her a right to establish policies, which should protect her from being discriminated by the male colleagues. Under sex discrimination, the Act protects her from being treated less favorably by her colleagues merely because she is a female and has been promoted. Julia’s colleagues have created an unfair, hostile, intimidating, humiliating, degrading and offensive environment for her considering the actions they have unleashed on her. All these acts have been spelt out clearly under this Act and she can successfully file a suit against her perpetrators. Altogether, the Equity Act 2010 protects Julia from demotion from her status on discrimination grounds, her employer does not have a right to demote her unless there is some legitimate reason such as poor performance or incapacitation (Wadham et al., 2012). Advise Kai on whether she can be classed as an employee for purposes of claiming benefits. Under the UK employment law, Kai could be eligible for payment of benefits after employment if she was contributing to a pension scheme while in job. There are a variety of social security schemes, some of which are compulsory and must be implemented by the employers. An example of such compulsory schemes is the state social scheme, which entitles the employer to share the monthly payments with the employees. Nonetheless, only those employees who are employed full-time takes part in the compulsory and the state pension scheme contribution. Although Kai has worked for English Hearts Film Corporation for eight years now, the employment contract still recognizes her as a casual employee and hence not eligible for the compulsory social scheme contribution (Lewis and Sargeant, 2004). Notably, ho wever, Kai could be eligible to receive the benefits even without having contributed if his job is terminated unfairly. From the terms of his job, it seems he has worked for the University for the past eight years with 12 months full payment every year plus other benefits. This means that his job cannot be terminated by of lack of enrollment without being unfair to him. The