Assume you are a HR specialist working a Sporting Arrow Ltd. Explain whether Jane has a claim under unfair dismissal. What should have been done in terms of procedure? Advise Rachel as to the best course of action to be taken by Megabyte Ltd now.
Learning Outcomes Tested in this Assignment:
1. Understand and explain the main concepts and principles in the development of employment law;
2. Critically evaluate the contractual relationship between employer and employee;
3. Assess the various forms of employment protection given to different types of workers;
‘Employment tribunals continue to be beset with delays, including in the average time taken to deal with the first stage of the litigation process and for parties receiving judgments….It is the latest sign that tribunals are struggling to cope with the surge in claims since the Supreme Court ruled last year that the fees introduced in 2013 were unlawful.
In March, the Gazette reported that claims to tribunals had soared by 90% since the ruling. The figures, included in the government’s quarterly statistics for October to December 2017, showed 8,173 single claims were brought, up from 4,200 in the same period in 2016.’
A. In the form of a diagram explain the process in bringing a claim to an employment tribunal for your HRM department. (25 Marks)
B. With reference to recent events (or any experience within your own organisation) critically assess the effectiveness of UK employment tribunals in resolving employment disputes.
Megabyte Ltd is a high street computer and software retailer that has in recent years become very successful. The managing director is Rachel who personally appoints all member of staff in the store. One recent appointee was Jane who was asked to become a shop manager after the previous employee left at short notice. Jane, who was previously one of the sales staff, was initially reluctant, but agreed after Rachel offered a very attractive financial package. The contract sent to Jane included a clause in which she agreed to opt-out of her right to a maximum working week of 48 hours under the Working Time Regulations
Jane initially worked 5 days a week, but during a time of staff shortages she worked through the weekends as well. After 4 weeks of this Jane asked Rachel if she could take a day off – this was refused. Jane worked through the next week, before calling Rachel asking to be allowed the next weekend off. Rachel again refused this request asking Jane to ‘hold the fort’ for a few days more until more staff were employed. This led a fierce argument breaking out with Jane stating that she was not prepared to work on so many consecutive days. Rachel became angry and fired Jane over the phone.
Assume you are a HR specialist working a Sporting Arrow Ltd. Explain whether Jane has a claim under unfair dismissal. What should have been done in terms of procedure? Advise Rachel as to the best course of action to be taken by Megabyte Ltd now. (50 Marks)
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