Knowledge and Understanding
1.Knowledge and Understanding: Demonstrate a secure knowledge and accurate understanding of the fundamental principles and concepts of the English Law System and the Law of Contract, including an appreciation of the impact of the Law of Tort and Employment Law upon the area of business/commerce
2.Knowledge and Understanding: Analyse and critically evaluate the legal implications of decisions, plans or proposals in the business environment
3.Knowledge and Understanding: Identify, locate and synthesize complex legal materials in order to evaluate straightforward factual problems, using appropriate reasoned arguments
4.Intellectual, practical, affective and transferable skills: Critically evaluate and discuss the operation of aspects of Business and Employment Law in contemporary society.Â
Task: The Assessment for this module contains one element with two questions. It is crucial that you answer BOTH questions
In both questions, you MUST use appropriate legislation and/or case law in order to support your answers.
The questions and background information upon which you must base your answers can be found below:Â
Question 1 â EssayÂ
âItâs all about safety. Itâs our customersâ safety and our staffâs safety. The quicker we get on top of this dreadful disease, the quicker we can all return to normal and get this countryâs economy back on track. I know there are critics out there painting this as a human rights issue, but all I want is to ensure both our people and our customers are safeâ.
Charlie Mullins, Founder and CEO, Pimlico Plumbers Ltd
Â By reference to appropriate legislation and case law, evaluate the merits of this statement on the measures businesses should take to recover from the effects of the COVID-19 pandemic and the potential legal claims that may result from those measures. Â Â Â Â Â Â (50 Marks)
Question 2 â Problem QuestionÂ
Best Kitchens Ltd. Â Is a company designing and manufacturing fitted and Â custom-made kitchen Â furniture Â operating Â from Â a Â Business Â Park Â in Chelmsford. The company has further sales outlets in Cambridge, Ipswich and Norwich. There are 250 workers in the company, which has been operating successfully for fifteen years. Â You are the new Human Resources Manager based at the Head Office. Â You have found since you started your job that there appears to have been no formal training on handling difficult HR issues for line management. There is a formal disciplinary procedure and a formal grievance procedure Â in Â place, both Â of Â which Â appear Â to Â have Â been Â copied Â from Â an Â out-dated Government website without modification. There is also a âStaff Handbookâ, which is given to all new employees when they start work at Best Kitchens Ltd., but which also appears to be quite flimsy and out of date.Â
Extracts from the Disciplinary and Grievance procedures, and the Staff Handbook, are all reproduced at the end of this case scenario.
This Procedure applies Â to Â all Â current Â employees Â of Â the Â company Â and Â covers Â all Â issues which are amenable to local determination and resolution. Â The guiding principle of this
Procedure is that issues should be resolved as near their point of origin as possible and as soon as possible. Â In consequence the timescales included in the Procedure may be extended or shortened by mutual consent.Â
An employee Â who Â wishes Â to Â raise Â any Â issue Â in Â which Â s/he Â is Â directly Â concerned Â must first raise it with their immediate manager, making it clear that s/he is taking the first step in the procedure.Â
Their immediate manager will arrange a meeting as quickly as possible so that the issue can be discussed with the employee(s). Â This meeting will be held in a room away from the general work environment.
If a satisfactory solution has not been reached within a maximum of 5 working days the
employee Â may Â refer Â the Â issue Â to Â their Â Managerâs Â superior Â under Â Stage Â 3 Â of Â the Procedure.
The Managerâs superior will arrange a meeting as quickly as possible so that the issue can be discussed with the employee(s). Â If the employee wishes to have a fellow employee as their representative present at this meeting, then the employee must notify the manager of their representativeâs name and they will be invited to attend. If a satisfactory solution has not been reached within seven working days, the employee may refer the issue to the HR Manager who will arrange for a Senior Manager to meet with the employee(s) and (where requested) their representative under stage 4 below.
The Senior Manager will arrange a meeting as soon as possible so that the issue can be
discussed Â with Â the Â employee(s) Â and Â his/her Â representative Â â Â this Â meeting Â shall Â take place not more than seven working days from the employeeâs request.
If the Senior Manager is unable to resolve the grievance, the employee(s) can request a final âAppealâ meeting with the Managing Director.