Posted: April 16th, 2015

required to answer all for questions which are equally weighted for marking purposes. Your answers should be supported by appropriate case law and statutory references,

You are required to answer all for questions which are equally weighted for marking purposes. Your answers should be supported by appropriate case law and statutory references, where appropriate and the total length of your combined answers should be no more than 4000 words.

Q)1
No test on its own is adequate and employment status can only be determined by examining all of the relevant facts and circumstances.
Critically discuss and review this statement.

Q)2
Gabrielle is employed as an assistant in the Sunderland branch of a local building society and on Friday, her manager tells her that from the following Monday that she is to work from the Seaham branch, some five miles away.

What legal issues are involved here and what would you recommend to the employer in dealing with these issues in terms of both employment law and human resource practice?

Q)3
One afternoon when Eve logged onto her computer at work in a large customer service organization, she discovered an offensive e-mail message. It contained some sexist comments and a picture attachment. It appeared that it had been sent to everyone in the department by Ray who had a reputation as a ”character”. She was upset by the message and discussed it with her supervisor. He said that she should laugh it off and forget about it. When Eve mentioned this to other female staff, they told her to ignore it and said that Ray was “just a bit of a lad”. Steve who worked with Eve, told her that he did not like Ray’s behaviour and that something should be done about it. The next day, Eve accidentally met Ray in the lift and he made an offensive personal comment to her and told her that she was a “cry –baby” for complaining about his e-mail. No-one else was in the lift, so this conversation was not witnessed. She went to see Janice in the HR department and told her that she was thinking of leaving. The company had recently adopted an harassment policy as a result of a recent employment tribunal case which had attracted a great deal of adverse publicity.

What advice should Janice give Eve about the courses of action open to her? What reasonable steps would you expect the employer to take if Eve lodges a grievance?

Q)4
John, 24 has worked as a sales representative at Gerrards, a large retail organization for two years. He is a full time, permanent employee. Working in a team of four, his job involves following up on sales leads and achieving sales. His working hours are from 8.30am to 5.00pm. Over the last four months his performance has been less than satisfactory. He has been 30 minutes late for work on a number of occasions. He had recently separated from his girlfriend and is now back living with his parents and this necessitates a longer commute to work than before. He received an informal, oral warning from his line manager and then a formal, written warning from his line manager after the third and fourth times he was late. He has just been late for work for a fifth time.
In addition to the lateness, in each of the last two weeks, John has failed to stay for an allocated evening shift(from 5 to 7)which all employees are required to do one day a week, explaining that he was “stressed” and needed to go home to rest.

As the HR Manager of Gerrards you have been asked to give advice as to how this case should be handled. In particular you have been asked to comment on whether the company may be able to dismiss John for poor performance. What advice would you give to management?

And I will upload a file later, please must following the instruction.
Thanks

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