Legal Solution for Dispute Resolution, ddln- 4th-1 (2)

In the case a particular employee was appointed on a contract basis where the company, Orange computer promised to pay him extra commission other than his monthly salary. Once in 2015 when the company was going through hardship, on a request of company’s manager he was ready to forego his salary for the consecutive three years and when the company was back in shape, in 2017, from the employer’s end there was no initiative to pay his dues. Then Gordon, the employee thought of legal assistance. Suggest an appropriate legal solution to each of the problems mentioned in the cases Now in the scenario employment law is to be considered to protect the employee’s right. It is a means of protecting workers from unfair treatment. Though breach of the law is a common practice in the business sector—akin to industry norms or ‘custom and practice’—it considers these breaches as an example of conflict between formal legal rules and social norms. Employment law covers up the contract of health and safety at work, protection against discrimination, dismissal and redundancy. The basic relationship between employer and employee lies on the employment contract or contract of service (The learning module given). Under which the employee is promised to get proper payment along with sick pay and deduction in income tax. In the case considered over here first of all the employee right has been snatched for consecutive three long years and it is a breach of contract (Ioannou & Duke,2021). Provide justification for the advice and solution given; UK prepared its separate Trade Union law, as per Freedland & Dhorajiwala, 2019, employees are different than the workers in English Trade Union Law. As per Employment Rights Act (ERA), 1996 there should be no term inconsistent with employee status. That is violated over here. Another lawsuit can be done with respect to the contract law. Contracts can be made informally, it might be oral and, in some cases, neither written nor oral contract is necessary. In common law promise cannot have the same weightage as written contracts. In this case there was no such contract paper signed while forcing the employee, Gordon to forego his salary. Hence that can not be a charge against the employer, Orange Computer as per British contract law. Compare & contrast the effectiveness of these recommendations given in your presentation;

The third case is quite different than the other two. Here a security company is considered with 50 employees and the overhead cost is minimal out there and one of its four prime customers left Blackhorse security agency with a bad debt of 1Lac Euro. As a result, the due dates are getting stretched for the other creditors, and one of them filed a wind-up petition in the court which is under trial. Suggest an appropriate legal solution to each of the problems mentioned in the cases The buying and non-buying customers are protected by the Law of Tort that is applicable over here. (The manual provided). Actually, the creditor has been filed the petition under Consumer Protection Act (CPA),1987 . The claimant has filed a charge against Breach of Duty, and this is the case where the security agency might be in trouble though it was not their fault. The bad debt of one of the creditors has been spread through ten stakeholders. It will be tough to get proper support on behalf of them. Only if the agency can prove that there was no Consequential Damage due to the bad debt incurred then they may get a stay order on winding up petition. From the creditors side it is quite relevant to file the case, the large amount though recovered. When one party to a valid contract is not complying with a particular term, its conduct may amount to a breach. When a breach of contract occurs, the innocent party is entitled to bring a claim in relation to the breach and seek compensation – usually in the form of damages. Provide justification for the advice and solution given; Under English law, a Breach of Contract does not automatically entitle the non-breaching party to terminate the contract. A repudiatory breach, however, is a breach of contract that allows the non-breaching party to treat the contract as being at an end. The most common example of a repudiatory breach is a breach of condition (although a fundamental breach of an innominate term may also be a repudiatory breach) that allows the non-breaching party to terminate the contract and claim damages, regardless of what the consequences of the breach are. Here in this case only the client will face a great troubl unless and untill they cant take a stay order. 1 lac Euro is not a less amount to forego, and of course once recovered every stakeholder has every right to get their proportion so, the recovery amount whether to be distributed among the 4 early creditors or all the 10 creditors that is to be decided. The principles of remoteness are given in Hadley vBaxendale ([1854] 9 Exch. 341) and provide that thefollowing losses are recoverable: