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HRM Assignment Employment Law (ELW)

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Added on  2019-10-16

HRM Assignment Employment Law (ELW)

   Added on 2019-10-16

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Advanced Level Diploma in HRMAssignment Assessment FormParticipant's name:Jovana PapaphilippouCIPD Membership No.Facilitator:Sue Wade Programme:L7, year 2Module Title and CodeEmployment Law (ELW)BACKUPCriteriaCommentsGrade % Business OrientationJovana, you have identified some of the legal issues raised in the case study but have not examined Mike Replica’s ideas to the level of detail required. As a result your responses to questions 2 and 3 do not contain enough detail and discussion. In relation to Mike’s ideas, changing to a wholly commission basedpayment system raises a number of legal issues and these were not examined: nationalminimum wage, national living wage issues, breach of contract, unlawful deductions. The issues surrounding dismissing the poorest performing members of the sales team and requiring the sales team to undergo regular medicals, smokers attend classes to persuadethem to give up and over weight staff to diet. These issues were not examined in enough detail. Jovana, you have identified the legal issues contained in the case study including the changes Mike wants to introduce to the Sales team. However, your understanding of the legal issues raised is not sufficient in terms of the legal complexities involved and as a result you have missed some key legal points.For example, objective justification in relation to Aldo, retirement and age discrimination in relation to Derek. You need to carry out a 43%45%
HRM Assignment Employment Law (ELW)_1
more in- depth analysis and make greater useof supporting legislation to strengthen the overall discussion Application CapabilityYou have applied relevant legislation and case law to the discussion in the assignment although there was insufficient discussion andanalysis of the complex legal issues to enableyou to present a series of informed recommendations. For example, your answer to question 3 focused on the recruitment process only and was very descriptive. The recommendations need to take into account the wider legal issues including Mike replica’s plans and need to provide strategic advice about that would reflect good practice and include performance management as well as how to implement contractual change lawfully.The recommendations are not specific enough in relation to the legal issues raised and are very descriptive. The answers you have provided to question 2 are very descriptive and legally inaccurate. For example, the company can say it didn’t discriminate against Julie on grounds of gender and age but this is no defence in law. They would have to show an ‘occupational requirement’ which would be hard. The same defence, however, could be used for Aldo in that there is an occupational requirement for him to write reports. You need to analyse the issues taking into account legislation and where necessary, relevant case law43%43%Knowledge and UnderstandingJovana, you demonstrated a level of knowledge and understanding about some of the legal issues contained in the case study but this needs to be developed further. Whilstyou briefly explained the issues relating to Mike replica’s plan in your response to question1, these were not considered in your responses to question 2 and 3. You need to be precise when using case law to support thepoints you are making as well as cite legislation in full, including the relevant section of the relevant Act.40%
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