Law & Criminology Case Study Example | Topics and Well Written Essays - 4500 words

Law & Criminology - Case register ExampleWhile the employers range of freedom has been curtailed to just about degree, they can benefit from proper documentation, following procedures which devour now become quite strictly defined, and ensuring that they enforce the terms of the Employment Contracts in an evenhanded way.In either a criminal or a civil case, an employee has certain rights which argon assured by law at a lower place ACAS or under the PACE laws of 1984, and as amended and clarified by concomitant court cases. A disciplinal process allows similar rules of interview, recording and differentiate as required under PACE. Few employer actions against employees result in criminal proceedings of those that do, the due processes outlined in the following pages are relatively the same.A potential criminal prosecution can be followed by an interview, but rules of evidence are required. As outlined in PACE (1984) 67(9), an individual representing a company or a government b ody can gain the same rights and obligations as a police inspector. The obligations include ratting the interviewee that his/her declarations can be used in a subsequent prosecution, that the interview minutes be far-famed in writing and shared with the interviewee, and that certain rules pertaining to recording (if present) are applicable.In the case of an interview for disciplinary purposes, there is also a procedure outlined by the De arrayment of Labor that requires a rear series of written documentation. This process refers to the Employment Contract, and to the Employment Policies of the employer, which must be given to the employee within 60 days of the commencement of his or her employment. The elements that must be put in the Employment Contract have grown over the past twenty years, as has the unenforceability of some of the clauses which had existed in Employment Contracts written at an earlier period. Employers should be particularly chary about imposing changes (real or implied) in the work charter without the explicit, and usually written, consent of those employed. Failure to garner the employees agreement can result in a good luck of contract and a cause for action against the employer in the future.This paper will outline the procedures in twain cases, and the differences. It will also present a way to decide which process should be pursued, i.e. whether an employee should be tough as a potential defendant in a criminal case, or whether the employer intends to keep the individual in his/her employ, but would like to address certain deficiencies through a disciplinary process.The Disciplinary transitEmployees who are not meeting the terms of their Employment Contract can be subject to disciplinary hearings. It should be noted that, by the time the formal procedure is followed, there may have been some previous conversations between the employee and his/her supervisor. The substance of these conversations should be noted by the supervis or, as these notes may become part of a subsequent disciplinary process. Although a conversation between the employ