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I need to complete a Summative assessment for my Employment law module This ass

I need to complete a Summative assessment for my Employment law module
This assessment covers the following learning outcomes for this module.
Unit Learning outcomes
Employment Law 1 Explain the core principles that underpin
employment law as it applies in the UK,
including common law, their purpose, origin
and practical implications.
2 Advise colleagues about significant legal
implications of decisions, plans or proposals in
the employment field.
3 Advise about the appropriate action that
should be taken in workplace scenarios where
employment regulation applies.
4 Play a leading role in determining the
appropriate organisational response when
legal action on the part of a work or employee
is anticipated, threatened or taken.
Case study
ABC Ltd is a leading marketing business based in London, and has a
wide range of contracts with a variety of industries. The business will
be celebrating its tenth anniversary next year and wants to ensure
they use this opportunity to announce the opening of its new offices
in the Midlands. Currently ABC Ltd has a total of 200 employees and
the opening of the Midlands office will take their total headcount up to
300 employees. ABC Ltd is a very close knit business and provides a
supportive environment for all of its employees. There is a small proportion
of employees who are members of a trade union but these tend to be the
older employees and the union has very limited impact on the operations
of ABC Ltd.
One of the key aims of ABC Ltd is to provide personal and bespoke
marketing solutions for its customers. It has achieved this largely due
to the commitment of the Senior Director, Joe Tuckman. Joe has been
with the business from the beginning and has some concerns about its
rapid growth. Lydia Skinner joined five years ago and is also part of the
executive team; she maintains responsibility for creative development.
Currently Joe and Lydia have different views about the direction of the
Company. Joe believes opening in the Midlands is not a wise move; he
is concerned with the current mood of the economy and lack of appetite
amongst businesses to spend money. The senior team is made up of four
directors and Lydia and Joe have both expressed their views about which
way the business should go. The other two directors are John Vroom
(Operations), and Peter Herzberg (Sales and Customer Relations). The
directors have decided to move forward with the opening of its offices in
the Midlands. Lydia is due to take the lead on this project and is quick to
make progress in searching for office space.
Six months later a number of existing clients have terminated their
contracts with ABC Ltd as they believe they are no longer given the one
to one customer care they had become accustomed to. Joe is outraged
as he has long protested that too many of the existing staff are diverting
their efforts and attention towards the opening of the Midlands office. Joe
believes this has contributed to the deterioration of the working relationship
with two of their biggest clients and has now cost them dearly.
The opening of the Midlands office is thus put on hold, and in order to
ensure the business suffers no further financial losses, a discussion
on redundancies has commenced. Ted Maslow, the Human Resources
Director has been tasked with identifying the best way forward. After a
review of the current staffing structure it has been decided that a total
of 22 redundancies will need to be made. Ted Maslow is left to manage
these changes and to identify appropriate selection criteria.
After long discussions it has been decided that the areas of the business
that are most critical should be maintained and grown. The recognised
areas that are being preserved are operations, sales, customer relations
and Joe’s area of finance. A total of 22 redundancies have been identified,
the majority of these being administrative roles from across the business
and some more senior posts from the creative team.
Four of the roles identified as being at risk of redundancy have caused
the HR Director (Ted) some concern; and he has raised this issue with
the executive team. Ted has urged the executive team to re-think their
approach based on some of the comments from four employees who
have been told that they are at risk of redundancy.
Lydia Skinner
The first employee who is at risk of redundancy is Lydia Skinner, the
Creative Director. To a large degree the executive team hold Lydia
responsible for pushing the attention of key employees away from their
existing roles and clients to focus on the opening of the Midlands office.
They also believe her failure to carry out a full and effective due diligence on
the move to the Midlands led to the senior team being misinformed about
the pros and cons of opening in the Midlands. Lydia has never had any
disciplinary action taken against her and is insisting on reviewing the criteria
used to decide her selection for redundancy.
Employment Law
On examination Lydia discovers the criteria being used are: absence,
performance, disciplinary warnings, flexibility and attitude and finally length
of service. Out of the executive team she scored poorly as all the other
directors have longer service and attend meetings abroad and away from
home at short notice and therefore are more flexible. Lydia is unable to do
this as she has a young five year old son.
Sarah Briggs
Another employee who is at risk is Sarah Briggs, the Creative Team Senior
Manager. The logic here is that because the creative team will have
reduced significantly in size, it no longer requires a senior manager. Sarah
believes she has been identified as she is currently on maternity leave and
therefore is not at work when key decisions are being made about her
future. She is thus unable fully to represent herself. Sarah has suggested
she could work reduced hours until the business picks up, but this has
been dismissed.
Bob Myers
A third employee who is at risk is Bob Myers, a junior manager in the
creative team. Bob is 62 and nearing retirement but has already expressed
an interest in working beyond retirement. The senior team are keen to
use the redundancy process to remove employees who they perceive
to lack the energy and drive needed to ‘take the business forward to
the next level’. Bob has expressed his concern, as he believes he has
been selected in part because he once raised a grievance against one of
the senior executive team (Peter Hertzberg). On investigation no action
was taken, but Bob was unhappy as he had clearly overheard Peter
talking about homosexuals and how there was ‘no place for them in the
business’. Although Bob is not gay, his 28 year old son has come out and
this is well known across the business.
Dan Mayo
The fourth employee is Dan Mayo, who works as part of the administration
team. Dan has been working for ABC Ltd for six years and has scored
poorly on the selection criteria due to his absence record. Dan has had a
number of absences due to his diabetes and his increasing dependency on
insulin which has led his doctor to re-evaluate his condition.
Having considered these cases in more depth, the executive team instruct
Ted to move forward with the redundancies. As a consequence of this
decision the following situations have arisen.
1 Lydia Skinner raised in her consultation meeting that she
had discovered her level of pay was not the same as the
other directors. Lydia insisted she was given an explanation
for the difference in pay. Ted was happy to confirm the
position of ABC Ltd as Lydia unlike the others had not
worked with the larger clients abroad and didn’t have the
same qualifications. Furthermore she had not been with ABC
Ltd as long as the other directors.
2 Pam Truman has seven years’ service and works within the
creative team as a team leader, although her role was not
made redundant she has encountered a number of difficulties
as a result of the job losses in her department. Pam feels she
has been treated unfairly. Over the last few months she has
seen her workload double. She is given conflicting deadlines,
has been provided with no additional resources and is now
required both to learn and train staff to use a new IT package.
3 Pam has raised her concerns a few times and been told that
if she wants to break into senior management she needs
to put in the hours. Last week Pam was told to cancel her
leave as an important deadline had to be met, but she is
reluctant to do so as she has not had any leave for months.
Management hears that Pam has now joined the union and
hints to her that she needs to ensure she is clear about
‘where her loyalties lie’.
4 Diane Golding is one of the freelance writers within the
creative team and although she is not employed she has
felt the impact of the changes. Managers at ABC Ltd are
increasingly demanding to know whether she will be working
on key projects and are also tightening deadlines. They
also want to know when she is on leave and hence unable
to commit to ABC Ltd. Diane feels increasingly obliged
to account for her whereabouts and as a result in her last
appraisal has asked to be part of ABC Ltd’s bonus scheme.
This idea has been dismissed as she does not have a
contract of employment.
Employment Law
Answer the following questions in no more than 3,000 words. Your report
should be cogent, articulate and focused, yet draw on as many sources of
worthwhile and authoritative evidence that you can find. All such sources
should be properly identified and referenced.
1 Identify and explain what legal risks ABC Ltd might be taking
in pursuing redundancies in respect of the four named
employees who have raised concerns about their dismissals?
2 Advise ABC Ltd on the legal risks that may emerge once
redundancies have been confirmed, and whether the impact
on other employees (Lydia, Pam and Diane) should present
any concerns for ABC Ltd?
3 What advice would you give the senior management team
when running an exercise of this kind in the future? Justify
your answer.

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