Employment Law And Corporate Sustainability

Employment Law And Corporate Sustainability

Assessment Information

This assignment is designed to assess learning outcomes:1 Understand the purpose of employment regulation and the way it is enforced in practice. 2 Know how to manage recruitment and selection activities lawfully. 3 Know how to manage change and reorganisation lawfully. 4 Know how to manage issues relating to pay and working time lawfully. 5 Be able to ensure that staff are treated lawfully when they are at work. 6 Know how to manage performance and disciplinary matters lawfully.

 

This assignment is an individual assignment. Each case scenario/question carries marks as indicated. You are advised to divide the word limit of 4,000 words equally between the two questions. You must use appropriate case law and legislation in order to support your answers.

 

 

You are also very concerned about the following interpersonal issues: • how will Michael’s colleagues react? • how should you, as the HR Manager, deal with any issues? • how will the customers react? Your task is to outline the legal implications of this situation and set out your recommendations for action in a report. M

Additional Advice:

Referencing:

Appropriate referencing, particularly of cases and law materials, is vital and good work will have a reference list (of cases, legislation and other sources) for all material used in the text, plus a bibliography of all materials which have been accessed and read, even if not actually quoted in the text itself.

 

Word Count: The bibliography and reference list should not be included in the word count.

Pay attention to Learning Outcomes: Students should consider to what extent they have demonstrated the learning outcomes in their answer, as this is a key criterion for a successful assessment result.

Structure: The answer should be in report format, with clear headings, paragraphs and numbering where appropriate. The reports should, as a minimum, have the following sections (and possibly convenient sub-sections dealing with the issues raised): a) Introduction: A very brief outline of the key issues, background/situation in scenario etc. Do not just repeat the facts of the question. b) Findings: An analysis of the legal position should be included, using legislation and case law to define the issues involved on both sides. c) Conclusions: What the legal position is believed to be. d) Recommendations: What the company needs to do now – in the short term and long term.

Assessment Information This assignment is designed to assess learning outcomes:

1 Understand the purpose of employment regulation and the way it is enforced in practice.

2 Know how to manage recruitment and selection activities lawfully.

3 Know how to manage change and reorganisation lawfully.

4 Know how to manage issues relating to pay and working time lawfully.

5 Be able to ensure that staff are treated lawfully when they are at work. 6 Know how to manage performance and disciplinary matters lawfully.

This assignment is an individual assignment.

Each case scenario/question carries marks as indicated. You are advised to divide the word limit of 4,000 words equally between the two questions. You must use appropriate case law and legislation in order to support your answers.

Background Information

Supra Kitchens (SK) is a company designing and manufacturing fitted and custom-made kitchen furniture operating from a Business Park in Coventry. The company has 250 employees and has been operating for 15 This document is for Coventry University students for their own use in completing their assessed work for this module and should not be passed to third parties or posted on any website. Any infringements of this rule should be reported to acreg.fbl@coventry.ac.uk 201HRM Employment Law and Corporate Sustainability Assignment 2016-7 Page 2 of 8 years. You are a recently recruited HR Manager (you replaced the previous Personnel Manager who retired two months ago). The company has taken the opportunity of restructuring your predecessor’s role to give formal acknowledgement of the growing importance of HR. When you arrived in your new job you discovered that there were few up to date policies and procedures for the management of human resources. Many decisions have been made by line managers with little or no clear guidance from the previous Personnel Manager who had concentrated on the line management of the small team of general administrative staff, rather than getting involved in human resource issues which have been left to line managers. There appears to have been no training on handling the difficult issues for line management. There is a formal disciplinary procedure and a formal grievance procedure which seems to have been downloaded without modification from an old Government department website several years previously. You must advise the Company Secretary (a senior manager in the company) on what needs to be done in the following two scenarios; you must address BOTH scenarios.

Scenario 1

Karl Parker, aged 29, works for Supra Kitchens in the manufacturing workshop where the kitchen units are assembled. When Karl started work 3 years ago he was asked by his line manager to sign the standard contract confirming his terms and conditions. The contract refers to Karl as being “a worker” whilst at Supra Kitchens. The contract also contains a clause which states “In the event of the worker being unable or unwilling to perform the services personally, he shall arrange at his own expense entirely, for another suitable person to perform the service”. Karl does not really understand what this clause means but he has, in any event, always turned up to work. He receives a weekly salary of £280 in return for working a 35 hour week, 9 – 5pm Monday to Friday. His wage is paid directly to him via a monthly direct debit into his bank account and his tax and National Insurance is deducted directly by Supra Kitchens. The company pay for his safety boots and overalls which he keeps in his personal locker and for the past two years he has received free membership at a local sports club as an additional benefit. Karl’s job involves assembling the wooden kitchen units and fixing the plastic legs and feet onto the bottom of the units. It is a tedious job and in order to alleviate the boredom Karl is known to engage in ‘horseplay’ in the workshop and he is known as a ‘joker’ at work. A couple of months ago Karl’s supervisor, Paulo Saxton, complained to the Production Manager, Shaun Malik, about Karl’s attitude. The assembly line is monitored by CCTV but Shaun has never seen Karl doing anything that appeared to be unacceptable or ‘bad’ behaviour and Karl has never been formally disciplined at work. Nonetheless, following Paulo’s comments, Shaun had a quiet word with him last month and told him that he had to “grow up and stop messing around”. This document is for Coventry University students for their own use in completing their assessed work for this module and should not be passed to third parties or posted on any website. Any infringements of this rule should be reported to acreg.fbl@coventry.ac.uk 201HRM Employment Law and Corporate Sustainability Assignment 2016-7 Page 3 of 8 One day last month Karl left the assembly line to go for his coffee break. His friend Jack, who had previously been the victim of one of Karl’s practical jokes, decided to repay him and he undid the screws in the last kitchen unit that Karl had assembled. When Karl returned to the workshop he leant on the kitchen unit and it collapsed on the floor. He fell on the ground and everyone started to laugh. Paulo Saxton walked over to the area and asked what was happening as everyone was standing around laughing, having stopped work. When Paulo saw Karl lying on the floor on a broken kitchen unit he became angry and shouted to him: “My office – 10 minutes on your own!” Karl went to Paulo’s office as requested. He was given no time to prepare for the meeting, which lasted only a short time as Paulo shouted to him as he walked in “This is the last straw, you’ve done it this time – you’ll never change you idiot. Leave and don’t come back!” When Karl attempted to explain what had happened, Paulo interjected and said “Look, I’ve heard it all before from you – I’m not interested in hearing another story – go”. Karl left the workshop immediately but lodged a subsequent appeal against the dismissal. During the appeal hearing the next week, which was heard by Shaun Malik on his own, Karl was not afforded the opportunity to ask any questions or present any evidence. Shaun simply read out a pre-prepared statement saying “In the light of your previous disciplinary record the company will not be reversing its decision to dismiss”. Karl has since visited the local law centre and has submitted an ET1 form to the Employment Tribunal. You received notice of this today. You are asked to prepare a report which sets out the legal issues that have arisen in this scenario and give your advice on the steps that should be taken by the company. Maximum 50 marks

Scenario 2

The delivery drivers at Supra Kitchens get one of the highest rates of pay of all the company workers. This is not only in recognition of the shortage of drivers with HGV qualifications, but also because the work often requires some heavy lifting. This heavy work, for example, includes moving units and worktops around on the truck when loading and unloading. One of the delivery drivers, Michael Ahmed, has come to you this morning and told you that he intends to undertake gender reassignment over the coming 12-24 months. Michael intends to become Michaela. The change in sex will mean that when his gender change is completed she will be the first female delivery driver in the company. Michael wishes to continue in his current role throughout the treatment and when he becomes Michaela. Michael has told you that he wishes to start dressing as a female within the next couple of weeks as it is part of the gender reassignment process that he will have to start living as a female for some months before the final stage of the treatment can occur. He has asked that a new uniform is designed for his new status; he has stated that he does not mind wearing trousers because of This document is for Coventry University students for their own use in completing their assessed work for this module and should not be passed to third parties or posted on any website. Any infringements of this rule should be reported to acreg.fbl@coventry.ac.uk 201HRM Employment Law and Corporate Sustainability Assignment 2016-7 Page 4 of 8 the nature of the work, but that the current jacket, trousers and tie will not be suitable. He has asked to be allowed to design his own outfit and to be able to exercise his own preference for safety footwear. He has also confirmed that his treatment will mean he will need significant time off work for periods of treatment and recuperation; he has just started the necessary hormone treatment. The major issues are: Michael has been with the company for just over 10 months and he has never fitted into the somewhat “laddish” culture at the company depot, keeping himself to himself; nobody knows much about his home life. Michael has already been a very unreliable worker, having had five short (of approximately 2 weeks duration) periods of illness – doctor’s notes have usually indicated “distress and debility”. In fact, when you saw Michael this morning it was because you had called him into the office to talk about the fact that he had been off sick again for the past two weeks and consequently the company could not carry out its deliveries properly. It was during part of that conversation when you were trying to tell Michael that his job was under threat, that he broke down and told you he’d “felt trapped in a man’s body for years.” You had been intending to discuss Michael’s poor attendance with him, as his frequent illnesses have caused real problems; his line manager wants to dismiss Michael because of his unreliability. Michael does not always phone in at the start of the first working day of absence (as stated as required in the company Staff Handbook) and has been known to leave it until the afternoon before contacting the company. The company has no ‘slack’ in driver availability and his frequent absences have been causing disruption to customer deliveries. On a practical point, the depot yard is only equipped with a small communal male toilet, although the office on the top floor has a single cloakroom which was installed for the two ladies who work in that office a few years ago – you are not sure how the ladies will react to sharing this facility with Michael.

You are also very concerned about the following interpersonal issues:

• how will Michael’s colleagues react? •

how should you, as the HR Manager, deal with any issues?

• how will the customers react?

Your task is to outline the legal implications of this situation and set out your recommendations for action in a report.

Additional Advice:

Referencing:

Appropriate referencing, particularly of cases and law materials, is vital and good work will have a reference list (of cases, legislation and other sources) for all material used in the text, plus a bibliography of all materials which have been accessed and read, even if not actually quoted in the text itself. Word Count: The bibliography and reference list should not be included in the word count. Pay attention to Learning Outcomes: Students should consider to what extent they have demonstrated the learning outcomes in their answer, as this is a key criterion for a successful assessment result. Structure: The answer should be in report format, with clear headings, paragraphs and numbering where appropriate. The reports should, as a minimum, have the following sections (and possibly convenient sub-sections dealing with the issues raised): a) Introduction: A very brief outline of the key issues, background/situation in scenario etc. Do not just repeat the facts of the question. b) Findings: An analysis of the legal position should be included, using legislation and case law to define the issues involved on both sides. c) Conclusions: What the legal position is believed to be. d) Recommendations: What the company needs to do now – in the short term and long term.

Word Count The word count is 4000. There will be a penalty of a deduction of 10% of the mark (after internal moderation) for work exceeding the word limit by 10% or more. The word limit includes quotations, but excludes the bibliography.

You will be marked on Turnitin Grademark using the following Grading Form:

Introduction and Nature of topic(s) (10%) Introduces, identifies and describes the nature of topic(s) critically and thoroughly

Use of the law and literature (30%) Has clear evidence of reading on relevant material beyond those given in teaching sessions or exercises Refers extensively to the law and sources Evaluates the law and literature logically and critically

Application of the law to the facts, analysis and discussion (35%)

Conclusion and recommendation (15%)、Summarises the assignment thoroughly and critically Provides realistic and feasible recommenda

Academic Rigour, Presentation and Referencing (10%)

 

 

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