Question 1: Compliance of contract changes with current employment legislation
Scenario; You are a freelance HR consultant, London Organic Foods LOF) is retailer based in Holborn, with a staff of 50 comprising of drivers; sale persons; cashiers; administrative staff and cleaners. The LOF Director, Alex Harik, has contacted you requesting advice on several urgent HR issues arising in the Company. You task is to present a report to the Director addressing these 4 questions:
The LOF Director, Alex Harik has changed some of the staff contracts:
? Those on maternity leave will only receive one month paid leave
? Paternity leave can only be taken as annual leave.
? All staff salaries have had a pay cut by 20%. No discussion has been made with the employees nor their Trade Union representatives.
Advise LOF whether these changes comply with current employment legislation and evaluate how this will impact the employees. Also advise what the company might do to ensure legal compliance
LOF is keen to abide the current UK wage legislation and has prposed the following pay structure changes:
? Apprentices will not receive any wage during training
? National Minimum Wage(NMW) for 16-17yrs will be £3.50
? National Minimum Wage(NMW) for 21-24yrs will be £6.50
? ‘Zero-hour’ contract staff have been told they are not entitled to the Minimal National Wage [MNW] as they have only worker status and are not entitled to receive statutory annual leave or statutory sick pay. Advise LOF whether they have fulfilled the legal requirement in light of the latest changes to the NMW, April 2019. If this is not the case, explain what recommendations are needed in order for LOF to be legally compliant
There has been a high turnover of staff at LOF. Alex Baker has been ill for several weeks during the year. The manager discovered that Alex was undergoing gender reassignment and was suffering from depression. Mr Harik has dismissed Alex on grounds that neither gender reassignment nor depression were recognised as sick leave.
Advise LOF as to whether Mr Harik has any legal grounds for doing this. What are Alex’s legal employment rights?
Daisy Smith is a Christian, and wears a cross to show her faith, she works as a cashier. Recently she has been told by Mr Harik that she cannot wear a cross as this may offend the customers, even though Amina, is allowed to wear a headscarf and Raj Singh allowed to wear a turban, both work as cashiers. Currently, there are no HR policies in place reflecting dress code. Daisy wants to join the trade Union UNITE to negotiate her wearing a cross. Advise LOF of what HR policies and strategies should be in place to avoid staff dress code discrepancies, explain your reasons. Explain whether Trade Unions have any legal position to negotiate terms with LOF and whether LOF can refuse staff joining UNITE. What HR strategies would you recommend avoiding future conflict