Tuesday, August 13, 2019
Law of Employment Assignment Case Study Example | Topics and Well Written Essays - 2000 words
Law of Employment Assignment - Case Study Example To make matters worse, he was upset that he was not able to spend more time with his wife, who was expecting their son, who was their firstborn child. In October of 2008, Ahmed went to see his general practitioner, who advised him to take a three week leave, as he was suffering from mental and physical exhaustion. Ahmed's situation became more dismal because upon his return to work, his line manager increased his workload by making him responsible for Eastern Scotland and Northeastern England. When Ahmed explained that the position would be too overwhelming for him and that he did not wish to accept it, his line manager informed him that if he did not accept his new responsibilities, he would be out of a job. Reluctantly, Ahmed took on the responsibilities because he could not afford to lose his job; however, it was not too long before he realized that he was unable to handle matters. Ahmed again visited his doctor, who advised him to take a four week recuperation period, as he was s uffering from severe stress and anxiety. Ahmed did just that, and when he returned to work in early January 2009, his request was granted to have a lower position, so long as his salary was reduced. Ahmed's request was not granted in a way that he thought, as he was now reduced to receiving commission only wages and he was subjected to massive workplace bullying. Not to mention, he was constantly hounded by higher ups to close sales. When Ahmed could take it any longer, he resigned in April 2009. Now, Ahmed wishes to bring damage claims against his employer for psychiatric injury, as a result of the stress he has suffered from being expected to do too much at work, as well as for the bullying and lack of support on the part of his employer. Should Ahmed pursue action against his employer, he has a very good chance of winning the case for a number of reasons. For one, Ahmed's employer violated the UK Health and Safety at Work Act of 1974 in at least two ways. According to a government website that explains the Health and Safety at Work Act in detail, it states that this legislation is enforced to insure that the workplace remains safe for employees. This law requires that an employee is to be provided with a safe work place, as well as a safe work system, meaning that the work environment is to be free of health hazards, and considerations need to be taken of how the job is affecting the health of the employee (HSE, 2010). One way that Ahmed's employer violated this particular act is that he failed to provide him with a safe and healthy work environment. Ahmed was subjected to extremely stressful work conditions, and when Ahmed asked for a reprieve from his line manager, as he asked for a lower and less stressful positi on in the company, his job security was threatened because his line manager told him that he either stuck with the position that he had or he would have no job at all. Afraid for losing his employment, he did the best that he could to stick with his position, until it made him ill. It seemed that the higher ups cared only about what Ahmed could do for the company. They neglected to care about how the workload was affecting his health, despite Ahmed making this known on not one but two occasions. As a result of making his concerns known, he was subjected to workplace bullying in two ways. One way that this was the case was that he was bullied into sticking with his position, despite how it was affecting his health in that he was threatened by his managers. Another way that he
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