Employment Law: HR Issues in the Departments within the Organization - Assignment Example

Employment Law Table of Contents Email 4 Key Issues 4 Relevant Statute and Case Law 4 Recommendations 6 Email 2 7 Key Issues 7 Relevant Statute andCase Law 8 Recommendations 9 Email 3 9 Key Issues 9 Relevant Statute and Case Law 10 Recommendations 10 Email 4 11 Key Issues 11 Relevant Statute and Case Law 11 Recommendations 12 Email 5 13 Key Issues 13 Relevant Statute and Case Law 13 Recommendations 13 References 15 Books, Journal, Website 15 Statute 15 Cases 16 Email 1 Email 1 is all about HR issues in operation department within the organization. Key Issues In the first Email, three consecutive problems have been mentioned. First of all, the employees in the team usually make fun of Enid due to her hearing difficulties. Suddenly, she heard about these things when she had fitted hearing aids in ears. It is quite rude and unethical. Secondly, the mean behaviour towards Barbara has caused serious issue as she has the right to make legal claim against whole team and the organization. It is unethical and unacceptable that the male employees assess the attributes of her body. Thirdly, it is more serious. Being a Muslim, it is the birth right of Halima to wear a Burkha. She has all the rights to take legal action against the operation manager. These are the issues that are hurting the operation manager as well as the organization. Relevant Statute and Case Law In the first issue, UK Disability Discrimination Act 1995 can be implemented. Enid came to know that some organizational members and staffs are making fun of her problem. It can also be considered as a disability discrimination case in which she has not done any kind of mistake. According to this act, an individual within an organization cannot discriminate others based on disability issues. Therefore, in this case Enid has all the rights to take legal actions against the staffs, who are involved in wrongdoings. The legal case of Rolls Royce Ltd v Walpole 1980 can be referred as related to this case. In this particular employee was dismissed from work due to short-term absences in workplace due to disability issues and the employee was terminated (Walpole v Rolls Royce Ltd 1980). Then, the employee filed a legal complaint under the act against the organization. This issue is very much similar to the issue of Enid. She was discriminated in workplace due to her disability issues. In this case, the staffs and other engaged employees should be warned or should take apology to Enid. In the Second Issue, Sexual Discrimination Act 1975 can be considered as Barbara was sexually harassed by some male employees at the workplace. It is highly important Barbara to take legal actions against them as it is a serious concern for the organizational workplace environment. The legal case of Noeleen McAleenon v Autism Initiatives can be referred to the case in which the female employee was sexually harassed by a male co-worker and she went on to make a legal case against the organization (Noeleen McAleenon v Autism Initiatives 2013). Finally she was legally awarded with a compensation for this workplace harassment. The issue of Barbara is quite similar to the referred case and she has the right to make a legal complaint against the employees as well as the organization. In the last case, Racial discrimination Act 1976 can be considered as Halima was racially discriminated by the operation manager. This matter is a serious concern for the organization as it is true that Halima has all the rights to make a legal complaint against the operation manager. Wearing Burkha can be considered as a religious tradition for the Muslim women. Therefore, this particular act can be adopted and implemented as she has been discriminated racially in the organization. The legal case, Two Muslim Workers v Tesco Plc 2006 can be referred to the case of Halima. In this specific case, two Muslim workers were racially discriminated by their supermarket boss (Two Muslim Workers v Tesco Plc 2006). The supermarket supervisor or boss has locked the prayer room of the Muslims after they lobbied for create a prayer hall. This issue hurt their sentiment and they went on making a legal complaint again the boss. Finally they won the case. However, the problem or issue of Halima is quite related to the actual case that took place in Tesco. It is the legal right of Halima to take legal action against Halima. However, this specific aspect can hamper the business operation process and workplace performance of the organization. Recommendations This part will provide three different recommendations for three different issues. Enid is in her 60s. She is the senior most employees in the team. Therefore, the operation manager should give an official warning to the members who have insulted Enid. In addition to this, the other team members should apologize for their activities. These types of issues can create further issues and can affect the workplace environment. Considering the UK Disability Discrimination Act 1995, an official apology will also make Enid to feel better as these activities can demoralize an employee and his or her motivation level. In the case of Barbara, the operation manager should try to find out the main culprit behind the wrongdoing. It is a case of sexual harassment and it can affect the image of the corporation. The operation manager should find out who are guilty and should take legal actions according to the company norm. Considering the Sexual Discrimination Act 1975, the organization should terminate the employees, who found guilty for these actions. In the case of Halima, the operation manager should apologize for his views on Burkha. It is the traditional dress of Muslim ladies and all the members within the organization should give respect to each and everybody’s cultural and religious tradition. First of all, it is highly important to know, whether there is a particular dress code for the employees in organization. If there is any dress code and Halima has signed the contract, then the legal complain made by Halima should be terminated and she should be forced to wear the official dress code. But, if there is no official dress code then she should be allowed to wear Burkha. Otherwise, it can hurt the religion sentiment of each and every employee in the organization that can hamper the overall organizational performance. If the claims of Halima are justified, then the operation manager should apologize considering the Racial Discrimination Act 1976 (Derbyshire, 2008, p.1). Email 2 Email 2 is based on HR issues in marketing department in the organization. Key Issues The second Email is related to employee conduct during the progression of an annual presentation. In this case there is a high possibility that customers would develop wrong perception towards the company due to the misconduct of the members. The two members of the organization who got drunk and involved themselves in silly activities have breached their employment agreement and affected the reputation of the organization during an important event. The first employee who fell sick and failed to participate in the event due to heavy drinking developed a perception in the mind of the customers that the employees of the company are careless. On the other hand the second employee who made silly and rude comments in front of the customers has affected the company’s image and value. The second employee’s actions were severe and he must be penalized in order to avoid such incidents in future. Relevant Statute and Case Law According to the Employment Rights Act 1996, Part IX; dismissal of employment cannot be performed without providing prior notice to employees. In this particular case two employees of the company have misbehaved during the progression of an important event. Behavioural issues are very sensitive in terms of a company’s reputation. The first employee got heavily drunk and fell sick. He was not able to co-operate with other employees and it had a negative impact on the company’s image in front of the clients. The second employee also got drunk and misbehaved with other members of the organization and also made some rude and silly comments before the important customers of the organization. His action was completely illegal and he must be charged for his behaviour. The issue can be appropriately handled with respect to a similar incident that occurred in the case of Suffolk Mental Health Partnership NHS Trust v Crawford and Anor 2012 (Suffolk Mental Health Partnership NHS Trust v Crawford and Anor 2012). The incident clearly illustrates that actions against an employee must be taken appropriately and with proper evidence. The court of Appeal made in the case made perfectly clear that even in clear cases where employees can be easily suspended based on their actions; it should be exercised with special care and in rare circumstances. Proper notice should also be given to employees against the severity of the offence. Employees can be asked to resign in order to avoid a direct dismissal from work. Based on the actions of the two employees the Employment Rights Acts provides the best way to judge the severity of their offence. The law not only protects the rights of the employees it also helps the employer to make appropriate decision and take legal actions. This would help the company to act in a transparent way and refrain from getting involved in legal troubles. The employees should definitely be penalized for their offences but they should also be given a fair trial and notice. Recommendations Many employers believe that suspension of an employee following disciplinary charges is a common phenomenon and it should be under legal acts. However, according to the Court of Law actions taken against disciplinary charges should be done in a formal manner and the employees rights should be preserved while suspending them. Therefore, I recommend that the employees should be treated in a fair manner. First of all it is important to verify the performance and actions of the employees. It is also important to know whether the employees have been given any prior verbal or written warnings for any other issues. If the offence is for the first time a written warning can be given following their suspension for any disciplinary actions in future (Stone, 1995, p.8). If the employer and the senior officials feel that the action had a purpose then a suspension notice can be given to the employee before the actual suspension is conducted. Email 3 Email 3 is based on HR issues in the sales department in the organization. Key Issues The commercial director is facing a real problem in appointing sales trainer. Actually, the organization has 15 part-time sales trainers. But, major problem is that in certain times they are not available during the time of serious requirement. The commercial director has become frustrated and not at all satisfied with this current approach. The commercial director is deciding to redundant these 15 part-time trainers. Moreover, he is trying to recruit five new sales trainers in order to overcome the current issue. Relevant Statute and Case Law Employment Rights Act 1996, Part X, Chapter 1 can be adopted and considered in this case. It is true that the organization is facing difficulty to get the services of 15 part-time sales trainers and trying to recruit full-time employees. Therefore, consideration of this act is highly justified in this case. Tesco v Wojciechowski, 2011 can be considered as the real legal case referred to this specific email case. In the year 2011, Tesco Plc has terminated its 16 security guards due to unavailability of the license and recruited new employees. The organization has given prior time to them before dismissal, which is reasonable. This specific case is very much related to the incident that took place in Tesco Plc (Tesco v Wojciechowski, 2011). Most importantly, the commercial director is trying to redundant the 15 part-time sales trainers and also going to appoint five new sales trainers. It is quite similar to the real case and application of the mentioned act is highly justified. Recommendations In this case, the commercial director should redundant the current 15 sales trainers as they are not effective enough. It is highly important for the organization to consider the ongoing issue and provide an effective solution to the ongoing issue. Most importantly, they are not the liability of the organization. According to the redundancy act under employment act, the commercial director has the right to dismiss them on the basis of redundancy (Chandler, 2003, p.48). First of all, the commercial director should circulate a notice stating the ongoing issue and reason for dismissal. Moreover, they should be given a time of four weeks to make this approach and process quite transparent and risk-free. On the other hand, human resource department should welcome the approach of the recruitment of five new trainers as it will cover the fairness of the act and approach. There should be no problem with this approach as long as it is a fair dismissal activity. And will help the organization to grow legally and ethically. Email 4 Email 4 is based on the HR issues in the Finance department in the organization. Key Issues With response the fourth Email, I would like to state that availability of the accountants for work is very important. According to my understanding, Ella has maternity related issues and she has to be allowed the leaves based on the company’s policies. If Ella is allowed for the maternity leaves there would be shortage of one accountant which would increase the work-load of the other two accountants. Peter’s issue is related to paternity leaves for twelve weeks, which is for a long period of time. If Peter is given the leaves then the work-load of the company will be distributed among the other two and similar issue arises in case of Mia. It is also important to understand that all the three accountants have some problems for which the company’s policy allows them leaves. Moreover, all the three accountants have asked for the leaves in the same time-frame. If the accountants are not allowed leaves then it would be unfair to all of them. If only one or two of them is allowed the leaves then it would reduce their workability and they might treat that unfair. Proper action must be taken by abiding the company’s policies and by taking care of the employment acts. Relevant Statute and Case Law With respect to the Maternity and Parental Leave Regulations 1999, it can be stated that maternity and parental leaves are the rights of employees and they should be allotted the leaves based on the company’s employment policies. According to the U.K.’s court of law compulsory leaves for maternity related issues can go from 2-4 weeks and in ordinary cases maternity leaves can be up to 26 weeks. On the other hand paternity leaves can also be issued to males from 2-26 weeks based on the requirement of the employee and workforce of the company. In this case all the three accountants have provided serious reasons for their leaves to be approved. Based on the case McInally, v Taylorplan Catering Ltd 1980, the issue can be executed appropriately because the incident is similar to this case (McInally, v Taylorplan Catering Ltd 1980). Since additional leaves and absences were the major issues faced by the Taylorplan Company and the employee was not granted additional leaves because it would affect the work of the company therefore, similar action should be taken in this case. Although, Ella can be allowed for the leaves based on the Work and Families Act 2006, but the other employees must be retained in the job. Recommendations From the above issues and the case law stated above it is significant that all three employees cannot be allowed to take the leaves together in the same time-frame. Since, Ella’s issue is genuine and she must be allowed for maternity leave based on her medical condition so she should be given the first priority. Mia can be given the second preference of parental leave if she is the only parent. If Mia has a partner her leave can be refused straight-away. Mia should also be explained the reason for the dismissal of her leave. In order to reduce complexity of the situation there should be transparency maintained by the company. Peter can be explained that his issue is not urgent and severe compared to Ella and Mia. Hence, both Peter and Mia should be given leaves alternatively before Ella’s leaves are granted (Channing, 2013, p.114). You as a Finance Manager should try to retain two employees at any time and motivate them to come to work depending on the work pressure. It is also highly recommended that Ella should be explained the entire situation and be motivated to take only urgent leaves based on her medical condition. Distributing leaves appropriately would not hamper the work of the company and it would also preserve the rights of the employees. Email 5 Email 5 is all about HR issues in the IT department of the organization. Key Issues In this case, the IT manager is trying to introduce a new IT policy in which the manager can check the emails and internet of the employees during working hours in the organization in order to prevent social media and internet misconduct during working hours. Relevant Statute and Case Law Data Protection Act 1998 can be considered while solving the issue. Basically, an organization cannot just check e-mails and internet sources of an employee in an organization. It is considered as violation of privacy aspect of an individual during the working hours. Therefore, consideration of Data Protection Act 1998 is highly justified. Susan Fredman Design v Maremont, 2014 case can be referred to solve the mentioned issue in the e-mail. In the particular case, Maremont legally claimed that SFDG’s consultant was using Facebook and Twitter account to the benefit of SFDG in spite of written conduct. This particular case is quite similar to the case mentioned in e-mail. Recommendations It is unethical to implement such policy as according to the data protection act and employee privacy rights, an individual in the organization cannot check or access others’ e-mails or social media networking accounts. It is a legal as well as unethical offence (Ryley, 2006, p.19). The IT manager cannot create and implement this policy as it will hurt the morale and motivation level of the employees. It is recommended that the operation manager should change his or her mind and talk individually with the employees to motivate them regarding the use of social media networking sites and private emails. It will help the organization to maintain effective workplace environment. References Books, Journal, Website Chandler, P., 2003. Waud’s Employment Law. London: Routledge. Channing, J., 2013. Safety at Work. London: Sage. Derbyshire., 2008. Equalities Policy. [Online]. Available at: < https://jobs.derbyshire.gov.uk/northeastderbyshire/gentext.asp?id=105>. [Accessed on March 6, 2015]. Ryley, M., 2006. Employment Law. London: Routledge. Stone, K., 1995. Mandatory arbitration of individual employment rights: the yellow dog contract of the 1990s. Journal of UK employment law, 12(1), p.8. Statute Data Protection Act 1998. Employment Rights Act 1996, Part IX. Employment Rights Act 1996, Part X, Chapter 1. Maternity and Parental Leave Regulations 1999. Racial Discrimination Act 1976. Sexual Discrimination Act 1975. UK Disability Discrimination Act 1995. Cases Crawford and Anor v Suffolk Mental Health Partnership NHS Trust 2012. Maremont v Susan Fredman Design, 2014. Noeleen McAleenon v Autism Initiatives 2013. Rolls Royce Ltd v Walpole 1980. Two Muslim Workers v Tesco Plc 2006. Velayduhan v Ford Motor Company Ltd, COIT 1327/220, in IDS Employment Law Supplement 71, 1994. Wojciechowski -v- Tesco, 2011. Read More