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Case Study example - Law & Criminology
Pages 18 (4518 words)
Employment law in the U. K. has grown more stringent over the past 20 years, in part as a response to the 1984 PACE Act, and to changes in practices related to conformance to E. U. standards. In particular, it is important to consider whether an employee review process will result in a criminal proceeding, or a disciplinary hearing.
Extract of sample
While the employers' range of freedom has been curtailed to some degree, they can benefit from proper documentation, following procedures which have 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 are assured by law under ACAS or under the PACE laws of 1984, and as amended and clarified by subsequent court cases. A disciplinary process allows similar rules of interview, recording and evidence 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 body can have the same rights and obligations as a police inspector. ...
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