...FDA RETAIL MANAGEMENT Retail Law – LO3 Jake McBride CLC ID: 106639 UW ID: 1091947288421 Table of Contents TERMS OF REFERENCE 3 FINDINGS 3 CONTRACTS OF EMPLOYMENT 3 IMPLIED AND EXPRESS TERMS IN AN EMPLOYMENT CONTRACT 4 DISMISSAL 5 UNFAIR DISMISSAL 6 ELIGIBILITY TO CLAIM UNFAIR DISMISSAL 7 WAS A FAIR PROCEDURE FOLLWED? 8 DISABILITY DISCRIMINATION 8 REMEDIES 9 UNFAIR DISMISSAL CLAIM 9 DISABILITY DISCRIMINATION 9 CONCLUSION 10 RECOMMENDATIONS 10 BIBLIOGRAPHY 11 TERMS OF REFERENCE I work as legal advisor for a national toy chain, Playtime. I am going to produce a report examining common law and statutory issues raised by a former employee who may pursue a case for constructive dismissal. I hope to advise Playtime of any action Miss Parry may take in light of her departure from the company and will give recommendations and remedies which may apply to this scenario. FINDINGS CONTRACTS OF EMPLOYMENT An employment contract, or ‘contract of employment’, is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the ‘terms' of the contract. (DirectGov, Online, Accessed 18/12/2010) Employment contracts do not have to be in writing, they can be word of mouth. However, every employee is entitled to a written statement containing employment terms and conditions within 2 months of starting work. The statement must contain a number of relevant details such as Hours...
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...met by the claimant in a case involving wrongful dismissal? INTRODUCTION According to Ashgar Ali Mohamed (2004), "At common law, the employer-employee relationship is contractual; the employer may terminate the contract of employment by serving appropriate notice, as expressed in the contract or implied reasonable notice. Wrongful dismissal occurs when the employee is dismissed without notice or with inadequate notice". SUPPORTING CASE: MASSEY V CROWN LIFE INSURANCE CO (1978) According to HM Revenue and Customs UK, "Mr. Massey was the manager of a branch of the Crown Life Insurance Company of Canada from 1971 until 1973; he was an employee of the company. It paid him wages from which it deducted tax, NICs and graduated pension contributions. He also made contributions to the firm’s pension scheme". Moreover, in 1973 by mutual consent "the company engaged him on a self-employed basis under a new agreement. His duties under this new agreement were almost identical to those under his previous contract of service. The only real differences were that he no longer made pension contributions and the company paid him gross without any deductions for tax etc. This arrangement continued until 1975 when the company dismissed him. Mr. Massey then claimed unfair dismissal". DECISION OF THE CASE The Industrial Tribunal decided that Mr. Massey was not employed under a contract of service and therefore could not claim unfair dismissal. The EAT upheld this decision, as did the Court...
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...1. Advise Michael to whether Richard is likely to succeed in any legal claim of unfair dismissal against the company and as to the nature of any remedies he may receive. This case is primary based on several aspects, included in the Employment Rights Act. According to the text, we have a summary dismissal based on gross misconduct in the form of gross disobedience and insolence. First of all, a case of dismissal is when the employer terminates an employee’s contract. The expiry of a fixed term contract is also considered as a dismissal. In contradistinction from this, a resignation is more likely to be considered as something different. Resignation is normally examined to be termination by the employee, not the employer, therefore when an employee resigns, no dismissal has taken into place. According to our case, we have something more that ordinary dismissal, namely summary dismissal. Summary dismissal always occurs when the contract is terminated instantly, without any try of notice. “Summary dismissal” or “Instant dismissal” is the dismissal of an employee on the spot and without notice. To be more precise, we can conclude that, summary dismissal could terminate the contract of an employee even with notice, in some cases. Another way is by notification. This could happen by giving notice which includes, or is accompanied by a statement in writing that the employer would, by reason of the employee’s conduct, be entitled to terminate the contract without notice. (Employment...
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...Stufent ID: 515346 Introduction The questions whether Clarissa can successfully sue Precision Missiles plc to compensate her for unfair dismissal will hugely depend on whether her dismissal with six months’ notice was unfair. At the same time, Clarissa’s acceptance of Flare’s offer would be depended firstly on whether there was express to “garden leave” clause and whether she can lawfully take on that offer without breaching her contract with Precision Missiles. I will try to establish the circumstances under which the garden leave clause is valid and applicable. I will then review some of previous cases where ruling in such circumstances were made with the sole aim of establishing which course of action Clarissa could take with regard to her claim of unfair dismissal and whether she can go ahead and take Flare Missiles job offer without breaching her contract with Precision Missiles plc. In this regard, I would be able to offer her better advice concerning what action she could take and the consequences associated with each action. Discussion This discussion will start with first explaining the ‘Garden leave’ clause in relation to employment contracts and proceed to explicate the extent of its enforceability. This will be with the aim of finding out whether Clarissa can be able to successfully proceed with her compensation claim of unfair dismissal and under what grounds she should do that. According to Smith & Thomas, garden leave clause aims at offering protection for...
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...If managers decide that an employee’s performance is so poor as to necessitate dismissal, what must they be aware of? Managers must be aware that when terminating staff due to ongoing poor performance, they need to do so in accordance with organisational and legal requirements. Managers need to be aware of the requirements and possible consequences of unfair dismissal under existing legislation. It is important for business resources that this is done so to avoid having to use resources and time fighting unfair dismissal claims or legal claims by an employee where it can be established a breach of legal and organisational requirements has been found. It is also important to be sure all business needs and resources have been made available and utilised by the employee prior to termination as the time and money in business resources been used by an organisation to recruit, cover employment gaps, shifts, workloads, re setting of team structures and goals and training of new staff can be saved by persevering with the existing employee where possible. Managers also need to take into account such factors as employee’s performance history and record and whether there’s a long history of poor performance or this out of character for the employee. A manager also needs to be aware the need to follow correct warning procedures prior to their termination and was given the opportunity to respond. Managers should be aware they need to demonstrate to the employee that prior steps and plans...
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...Weekly Review Workbook for Manage Employee Relations Student Name: Student Number: Assessment Task 1 – Written Assessment - Workbook Assessment One: Manage Employee Relations Content Revision Areas for Test Chapter 1 & Lecture Notes What is Workplace Relations? 1. The working relationships between employers and employees 2. The relationship between management and labour, shaped by individual employers and employees and by employer and employee organisations and government institutions, that exist at a workplace or in an industry and influences how effectively they work together to achieve their joint and separate goals. Name the measures of an organisation’s Workplace Relations? labour turnover absenteeism rates how easily an organisation is able to recruit the employees it needs The number of official grievances registered Material ‘shrinkage’, wastage and ‘spoilage’ Days lost through industrial action What are the three views of Workplace Relations? Define them. 1) THE PLURIST VIEW 2) THE UNITARIST VIEW 3) THE RADICAL VIEW 1. THE PLURIST VIEW Conflict as inherent due to diversity of goals and can be managed and contained by rules and regulations. 2. THE UNITARIST VIEW Conflict as occasional and temporary because employees and employers share same basic goals (creating wealth & value) so relations are essentially harmonious. 3. THE RADICAL VIEW Conflict systemic & never ending...
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...Employment Law Assignment LEWIS JAFFA 3000 words Employment law is a necessity to promote greater flexibility in the labour market alongside a commitment to social justice and cohesion. Employment law is also required for support social security policies such as the minimum wage and encouraging single parents into work. There is also a social commitment by employment law to ensure good, minimum standards of protection for employees. Employment law is essential to protect employees from unjust or unfair behaviour by employers, especially those who could be under-represented if there were no laws, such as the poorest and the disabled. Two examples of this are the Disability Discrimination Act of 1995, which applies to all organisations who employ more than 20 staff. They’re required to accommodate the needs of the disables and establish a right of access for the disabled, and to stop them being treated less favourably than they would if they were not disabled. A second example is the National Minimum Wage Act of 1998. This resulted from a directive from the EU, and has increased each year in line with the rise in the cost of living. There is a need to strike a balance between protecting the employee and the employer. Employers and employees have a responsibility to each other, which is why the Health and Safety at Work Act (1974) exists. Employees are expected to follow the act, while employers are expected to abide by a range of requirements governing such aspects as...
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...SDB1 HMPP Block 5 2015 HMPP Disciplinary Process - Case Study Candidate’s Name Assessor’s Name Assessment Site Assessment Date VICTOR MOURA VICTOR MOURA Colin Sydney Block 5 2015 Student No. Class No. MAI2002 SDB1 Assessment No. 3 1 MAI2002 SDB1 HMPP Block 5 2015 CONTENTS PAGE Assessment Task 3 - Disciplinary Process - Case Study Part 1 Conduct a Risk Analysis..............................................................................................pg3 Part 2 What WorkFair says about..........................................................................................pg4 Part 3 Risks, Consequences and Mitigation...........................................................................pg7 Reference Page............................................................................................,..........................pg8 VICTOR MOURA 2 MAI2002 SDB1 HMPP Block 5 2015 ASSESSMENT TASK 3 DISCIPLINARY PROCESS - CASE STUDY Part 1 Conduct a Risk Analysis Since Sam’s predecessor manager, there were a lot of problems. Starting with the way she deled with Sam. Yelling with the employees was not a good strategy to motivate them. Besides that, just stress them and create a poor environment to work. On the other hand, Sam never made any complaint, verbal or written, about her. We can assume Sam was already stressed when the company started to work with another programming language she...
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...can lead to happier, more motivated and better performing employees. Reviewing, refining and implementing performance management systems are ways of helping achieve these significant benefits. What is underperformance? Underperformance or poor performance can be exhibited in the following ways: · unsatisfactory work performance, that is, a failure to perform the duties of the position or to perform them to the standard required · non-compliance with workplace policies, rules or procedures · unacceptable behaviour in the workplace · disruptive or negative behaviour that impacts on co-workers. Underperformance is not the same as misconduct. Misconduct is very serious behaviour such as theft or assault which may warrant instant dismissal. In cases of misconduct employers should seek...
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...to achieve and maintain standards of conduct, attendance and job performance to ensure consistent and fair treatment between employer and employees. Extract from (Disciplinary rules and procedures, 2004, para.60), a good disciplinary procedure should: * Be put in writing and tell employees what mistake they do. * Say to whom they apply and note them orally especially those difficult in langue problem. * All the issue will deal without undue delay and promptly. * All relevant information will be kept as confidential. * Explain to employees what disciplinary action might be taken and let them know about the authority disciplinary action decision will be act by which level of management, so make it clear to prevent unfair dismissal. * Require employees to be informed of the complaints against them and supporting evidence, before meeting * Give employees a chance to state about their cases, show evidence and witnesses, and also the right to be accompainion before any decision reached by management. * Provide that no employees are dismissed...
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...1. There are several factors that can have an impact on the relationship between employees and employers; these are identified as internal and external factors. Internal factors; • Pay and rewards attract and retain employees. Having the right pay and benefit for employees motivate them. This helps employees feel valued and can remove animosity between employee and employer. Training and development has a positive impact on employees, this shows investment from the employer and enhances career progression. • Organisation culture has a large impact on the relationship, if an organisation has a certain culture that is generally expected from employees. For example, employees are expected to work more than their contracted hours however should the employee require time off for dental or doctor appointment, the flexibility is there from the employer to enable employees to attend such appointment without any salary deduction. External factors; • Technology can have huge impact on employment relationship. New and improved technology within a production organisation, for example, may lead to redundancies as the manual work from employees may no longer be required. This will have an impact on those employees who still remain employed, they could feel demotivated and be left wondering if they would be next to be made redundant. • Pay and rewards are also an external factor as well as internal. Employees could be offered a better salary for a similar role therefore demands a higher...
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...[pic] Redundancy and Redeployment Frequently Asked Questions 1. What is redundancy? Redundancy is a form of dismissal. A genuine redundancy only arises in three very narrowly defined circumstances: • the closure of the business,: • the closure of a particular workplace – for example an academic unit, department, course, unit or office/building: • a reduction in the need for employees – the test being not whether an employer needs fewer employees, but whether it needs fewer employees to do work of a particular kind. This could be due to restructuring. The key point to remember initially is that it is the post that is redundant and not the employee. Once it has been decided that a post is redundant, the question is what will happen to the employee or employees who hold that post. For a redundancy to be genuine, the role must disappear. New staff may still be recruited, but not to undertake the post the redundant employee was doing. A redundancy does not necessarily have to arise from the need to make financial savings. It is possible that other reasons, such as changed priorities, new technology or processes, could drive the need to restructure the workforce which may lead to potential redundancies. 2. What is redeployment? Redeployment is an attempt to secure suitable alternative employment for employees within the University. The need for redeployment may occur for a number of reasons, including redundancy. The...
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...Case Study 3 Is there a practice policy for sickness absence? If not written down, what is accepted practice? How well has this been communicated to all staff? How is this reinforced? How are the facts re sickness absence recorded? Is the procedure reasonable, fair and consistently adhered to throughout the practice? Are there systems in place for monitoring all absences? Were the assumptions and suspicions about alcohol investigated – any evidence? Assuming investigations and observations re alcohol were confirmed (ie evidence/observation confirmed by staff member turning up drunk, under the influence of alcohol, smelling strongly of alcohol), should this have constituted instant dismissal there and then? Consider what support/counselling/advice you would give any member of staff with personal problems which led to poor performance. Does the receptionist know that the situation now is clearly about discipline and what that involves? Has she acknowledged (1) understanding of why she has been disciplined and (2) receipt of formal final warning? Was a timescale for improvement implicit in previous warnings? Did the practice consider that there may be a genuine social problem underlying the “alcoholism”? If a health/social problem was identified, should the practice have considered giving guidance on access to counselling/support rather than discipline? Should the practice bite the bullet and accept that the car accident and resultant...
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...[pic] RDI/EDEXCEL Level 5 BTEC Higher Nationals Human Resource Management (HRM) Assignment [pic] Date for Submission: 30th May 2011 Prepared by: Levenia I. Ferguson Contents Title Page Introduction Task 1 Human Resource Management Approach 1a Distinguish between ‘Personnel Management’ And ‘Human Resource Management Approaches Outline the advantages and disadvantages of each approach 1b Identify which of the Approaches (HRM or Personnel Management) your chosen organization currently adopts Discuss how the chosen organizations approach to managing people over the recent years Task 2 Recruitment and Selection 2a Outline the HR planning process undertaken by your chosen organization Discuss how this compares to the ‘theory’ of HR planning as identified in the HR Planning lesson of the RDI study materials 2b Compare and contrast the recruitment and selection of two organizations operating in different industries – one organization should be your chosen organization as identified in Q1 plus another organization of your choice Task 3 Monitoring and Rewarding Employees 3a Explain how your chosen organization measures the performance of...
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...the Employment Relationship | 6 | Work-Life Balance | 6 | Holidays | 6 | Rest Periods | 6 | Working hours | 6 | Night Working | 7 | Maternity Leave | 7 | Paternity leave | 7 | Adoption Leave | 8 | Special Leave | 8 | Reasons Why Employees Should be Treated Fairly In Relation To Pay | 9 | Employee Satisfaction | 9 | Recruitment & Retention | 9 | National Minimum Wage | 9 | Main Points of Equalities Legislation | 10 | Direct Discrimination | 10 | Indirect Discrimination | 11 | Harrasment | 11 | Victimisation | 11 | The Concept of the Psychological Contract | 12 | Types of Psychological Contracts | 12 | Issues To Be Addressed At The Termination Of The Employment Relationship | 13 | Fair and Unfair Dismissal | 13 | The Importance of the Exit Interview to Both Parties | 14 | Key Stages of Redundancy | 14 | Planning | 14 | Identifying the Selection Pool | 15 | Seeking Volunteers | 15 | Consultation | 15 | Making the Selection | 15 | Notification & Appeals | 15 | Alternative Employment | 15 | Redundancy Payments | 15 | Counselling and Support | 16 | Survivor care | 16 | Further Reading | 16 | Two Internal Factors Which Impact On Employment Relationships Pay and Reward It is well known that pay helps to motivate and retain employees, but it is...
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