There has been an ongoing dispute with Michael Howes, a disruptive employee in Zuzu’s Head Office. Zuzu’s MD is considering having an ‘off the record’ conversation about mutually agreeing terms to terminate his employment with Zuzu’s prior to the acquisition taking place.
Your briefing document should be submitted using the EML assessment activity 1 template. The template contains the key headings, and the following gives you further information on what to include under each of those headings and where each aspect links to the assessment criteria.
Introduction
To give some overall context for your briefing explain the aims and objectives of employment regulation and how employment law is enforced. (1.1, 1.2)
Advise Peter on the main provisions of TUPE and how and why it protects employees. (3.3)
Risks to Hell’s Kitchen
Explain how discrimination can come into recruitment and selection activities and in general employment. (2.1)
Apply this to the recruitment and selection practice and performance management of Bernard Reader in Zuzu’s Newcastle, making reference to applicable case law.
Explain how the contractual terms and conditions of staff employed at Zuzu’s in the last 2 years have come about. (2.2)
Advise what should be done to firm up the arrangements and what should be included in any documentation making reference to appropriate Statute.
Explain the process to follow to broach a settlement agreement with Mike. If Mike does not accept the agreement and later claims constructive dismissal, outline the circumstances in which a settlement agreement can be a useful option during an employment tribunal process. (1.3)
Recommended actions
To address changing the pay day, explain economical, technical and/or organisational (‘ETO’) reasons for contract changes following the transfer and the process by which to agree the change. Also explain how the changes might be made without an employee’s agreement. (3.1)
Outline the legal basis of redundancy law and map out a plan of action for Hell’s Kitchen to follow to ensure a fair and compliant redundancy process for the duplicated head office roles. (3.2)
Assessment activity 2
Lawful treatment of staff Q&A
Answering the following four questions on the lawful treatment of staff will allow you to demonstrate criteria 5.1, 5.2 and 5.3. You will need to submit your work on document EML assessment activity 2 template. Answer each question within the specified word count (+/-10%). Your submission should include a list of cited references and a separate bibliography of sources consulted but not specifically mentioned. Your references and bibliography as well as all the grey highlighted words in your template are excluded from your word count.
Identify 3 requirements of The Health and Safety at Work Act (HASAWA) 1974. (250 words)
Give 2 examples of where an employee might make a personal injury claim. One of your examples should relate to discrimination. (200 words)
Explain the following implied duties in the contract of employment. (500 words)
Duty of care
Mutual trust and confidence
Duty to provide the employee with reasonably competent fellow employees
Explain freedom of association in employment and how it may manifest itself. (200 words)