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|Learning outcomes:3. Know how to manage change and reorganisation lawfully4. Know how to manage issues relating to pay and working time lawfully6. Know how to manage performance and disciplinary matters lawfully
Evidence to be produced/required
Advice to managers pertaining to each of the three scenarios equating to 3000 words (1000 words per scenario) together with a list of cited references.
|All activities should be completed1. Last month Paul was sacked from his job as a sales assistant in a largedepartment store located in central London. He had worked in the store on a full-time basis for four years. He blames himself for the dismissal and thinks that heprobably deserved to be sacked given his conduct. He had reported for duty one
afternoon having drunk four pints of strong ale in a pub at lunch time. He had then
apparently sworn loudly at a colleague in front of several customers. When
reprimanded about this incident by the floor manager Paul had sworn at him and
was seen punching him on the left jaw. He had been summarily dismissed there
and then without notice.
To his surprise Paul has found out from a friend that his dismissal might in fact be
classed in law as being unfair. He thus completes the relevant documentation and
sends an unfair dismissal claim to his local Employment Tribunal Office.
Assume that you are the HR Manager in the store at which Paul was employed.
When Paul’s unfair dismissal claim is received the General Manager asks your
Explain what course of action the organisation should have taken to comply
with UK law. What should have been done in terms of procedure?
Recommend the best course of action to be taken by the department store
2. You are hired to work as an HR manager by a Canadian hotel company
(Sleepwell Holdings) that is taking over a chain of motel-style operations in the UK
for the first time. The estate consists of five 100-room units. Existing staff
turnover levels are high. Staff are now being sought through recruitment
advertisements placed in local newspapers and at job centres.
The company has been highly successful in Canada by keeping staffing costs to a
minimum, despite paying reasonably high hourly rates. A key feature of its HR
strategy has been its policy of hiring staff to undertake a number of different
operational roles (room attendant, receptionist, bar worker, waiter, ground staff
etc). This has enabled it to operate more flexibly than its rivals, deploying staff as
and when they are needed. Management are obviously keen to adopt the same
highly flexible working practices in its new UK operations.
In Canada efficiency has been substantially enhanced by providing staff with live-
in accommodation within the motels. The major reasons are as follows:
You are charged with the task of adapting these established Canadian practices
for use in the five new UK motels. You want to maintain as many of the Canadian
approaches as you can, while also ensuring that the company complies with the
Working Time Regulations, Equal pay law and family friendly entitlements.
In which areas is there a potential clash between established company
policy and these legal requirements? What steps might the company be
able to take in order to reconcile these differences? Write a short paper for
Sleepwell’s Operations Director setting out the options and justifying your
3. The Cleansing Services Division at an international airport is about to be
contracted out to a specialised private sector provider. 250 staff are currently
employed as cleaners directly by the airport. Most are employees with several
years’ service. The new contractor intends to run the Cleansing Services Division
with a considerably lower number of staff.
You work in the HR department at the international airport, where you look after
staffing issues in the Cleansing Services Division. You are asked to advise your
manager about the following:
The relevant facts are as follows:
In 2008 the airport drew up new contracts of employment for workers in the
Cleansing Services Division. Prior to this different groups of workers had been
employed on different terms and conditions, leading to accusations of unfairness
and to administrative inefficiency. The aim of the change was to ensure that
henceforward all staff were employed on the same basis.
The new terms and conditions were more attractive than the old ones in certain
respects. They were drawn up after consultation with trade union representatives
who subsequently recommended that their members signed up. 570 staff willingly
agreed to accept the new conditions and since October 2008 all new starters have
been appointed on the new contracts. However, a small group of cleaning staff
refused to agree to the change.
The current situation is that there remain 16 long-serving individuals employed as
cleaners who are still employed on the old (pre-2008) contracts. A number of
attempts have been made over the last few years to persuade this ‘left-over rump’
to make the switch, but all have been soundly rebuffed.
4.1, 4.2, 4.3
|5ELW Learning Outcomes||Assessment Criteria||Assessor criteria specific feedback.This will receive a Pass, Refer grade.|
|3. Know how to manage change and reorganisation lawfully||3.1 Describe when and how contracts can be changed lawfully.|
|3.2 Explain the main requirements of redundancy law.|
|3.3 Explain the main requirements of the law on business transfers.|
|4. Know how to manage issues relating to pay and working time lawfully||4.1 Identify the major statutory rights workers have in the fields of pay, leave and working time.|
|4.2 Explain the major requirements of equal pay law.|
|4.3 Explain the major maternity, paternity and other family friendly employment rights.|
|6. Know how to manage performance and disciplinary matters lawfully.||6.1 Explain the main requirements of unfair dismissal law in respect of capability and misconduct issues|
|6.2 Explain the scope of the right for employees to be accompanied at serious discipline and grievance hearings.|
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