UK Employment Law

UK Employment Law Assignment: The written assignment will encompass a scenario which will consist of a case-study concerning problem which has occurred in a workplace. You are required to analyse and apply the law to the given problem, manage and communicate their evaluations appropriately and proffer their advice/recommendations effectively. Assessment information: Structure: The advice should be in report format, with clear headings, paragraphs, sub-sections and numbering where appropriate. The reports should have the following sections: a) Introduction: Very BRIEF AND SHORT outline of the key legal issues. Do not to repeat the facts of the scenario (75 WORDS – NO MORE). b) Findings: An analysis/explanation of the legal position should be included, using UK legislation and UK case law to define the issues involved on both sides and what the legal position is believed to be (800 WORDS). d) Recommendations: What the company needs to do, in both the short and long term (225 WORDS). Total 1100 WORDS e) List of References (Harvard Style) Important details: Include as many references as possible (minimum 12 references) in Harvard Style and refer to as many as possible relevant UK legal cases (minimum 5 – included in the total of minimum 12 references) to this case scenario in the findings and to the relevant UK legislations regarding this case and reference it (e.g. Disability Discrimination – EA 2010A, Constructive Dismissal – ERA 1996 or good practise guidelines – ACAS Code of Practice on Disciplinary and Grievance Procedures). Please make sure all cases are given a citation in the text and in the list of references /bibliography. For example, ‘Ali v Baba (2015) 1 WLR 239’. The list of references should include a list of the UK legal cases and UK legislation mentioned in the answer. The UK legal cases and UK legislations are primary sources of information in a law essay – Do not cite the secondary source where you viewed the case. You should only give the legal citation, not the website or book where you accessed details of the case. For example, this is the correct reference for this case – London Borough of Tower Hamlets v Mr J Wooster [2009] All ER (D) 160 – NOT London Borough of Tower Hamlets v Mr J Wooster, Turner, C (2013) Unlocking Employment Law, 383. Case Study Kitchen Planner (KP) is UK company designing and manufacturing fitted and custom-made kitchen furniture operating from a Business Park in Liverpool. The company has 250 employees and has been operating for 15 years. You are a recently recruited HR Manager (you replaced the previous Personnel Manager- John Pappas – 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. You must advise the Company Secretary (a senior manager in the company) on what needs to be done in the following scenario: Scenario George Begum is a salesman working for the Sales Department. He is paid a basic salary of £10,000 per year and the rest of his remuneration is made up of commissions on sales and performance-related bonuses. His job involves traveling around builders located around the region, selling kitchen ‘installation packages’ for new residential housing developments. Four months ago, whilst at work, he suffered a minor road traffic accident and hurt his back. As consequence he has severe back pain when he drives for more than an hour at a time. A letter from his hospital consultant states that he suffers from a spinal condition that is likely to continue for several years and he will sometimes require strong pain-killers. George has come to see you to ask if he can have additional breaks in the day so that he can rest. He asks if you can modify his remuneration package as he cannot earn as much as he used to because he cannot make as many sales calls as he used to. Question (Task): Set out the legal implications of this situation with underpinning the relevant UK legislations (e.g. Disability Discrimination – EA 2010 or Constructive Dismissal – ERA 1996) which applies here and relevant UK legal cases (minimum 5). Understand, analyse and critically evaluate the significant legal implications of decisions (e.g. negative answer to the employee request failure to make reasonable adjustments and the consequences that can bring – can it lead to claim to Employment Tribunal), plans or proposals and make recommendations to your Managing Director about how to deal with this issue. Determine the appropriate organisational response if legal action is anticipated, threatened or taken and clearly communicate an assessment of a range of options for dealing or preventing it happening. Include as many references as possible (minimum 12 references) in Harvard Style and refer to as many as possible relevant UK legal cases (minimum 5 – included in the total of minimum 12 references) to this case scenario in the findings and to the relevant UK legislations regarding this case and reference it (e.g. Disability Discrimination – EA 2010A, Constructive Dismissal – ERA 1996 or good practise guidelines – ACAS Code of Practice on Disciplinary and Grievance Procedures).