HRM Assignment Employment Law (ELW)

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Advanced Level Diploma in HRMAssignment Assessment FormParticipant's name:Jovana PapaphilippouCIPD Membership No.Facilitator:Sue WadeProgramme:L7, year 2Module Title and CodeEmployment Law (ELW)BACKUPCriteriaCommentsGrade%BusinessOrientationJovana, you have identified some of the legalissues raised in the case study but have notexamined Mike Replica’s ideas to the level ofdetail required. As a result your responses toquestions 2 and 3 do not contain enoughdetail and discussion. In relation to Mike’sideas, changing to a wholly commission basedpayment system raises a number of legalissues and these were not examined: nationalminimum wage, national living wage issues,breach of contract, unlawful deductions. Theissues surrounding dismissing the poorestperforming members of the sales team andrequiring the sales team to undergo regularmedicals, smokers attend classes to persuadethem to give up and over weight staff to diet.These issues were not examined in enoughdetail.Jovana, you have identified the legal issuescontained in the case study including thechanges Mike wants to introduce to the Salesteam. However, your understanding of thelegal issues raised is not sufficient in terms ofthe legal complexities involved and as aresult you have missed some key legal points.For example, objective justification in relationto Aldo, retirement and age discrimination inrelation to Derek. You need to carry out a43%45%
more in- depth analysis and make greater useof supporting legislation to strengthen theoverall discussionApplicationCapabilityYou have applied relevant legislation andcase law to the discussion in the assignmentalthough there was insufficient discussion andanalysis of the complex legal issues to enableyou to present a series of informedrecommendations. For example, your answerto question 3 focused on the recruitmentprocess only and was very descriptive. Therecommendations need to take into accountthe wider legal issues including Mike replica’splans and need to provide strategic adviceabout that would reflect good practice andinclude performance management as well ashow to implement contractual changelawfully.The recommendations are not specificenough in relation to the legal issues raisedand are very descriptive. The answers youhave provided to question 2 are verydescriptive and legally inaccurate. Forexample, the company can say it didn’tdiscriminate against Julie on grounds ofgender and age but this is no defence in law.They would have to show an ‘occupationalrequirement’ which would be hard. The samedefence, however, could be used for Aldo inthat there is an occupational requirement forhim to write reports. You need to analyse theissues taking into account legislation andwhere necessary, relevant case law43%43%KnowledgeandUnderstandingJovana, you demonstrated a level ofknowledge and understanding about some ofthe legal issues contained in the case studybut this needs to be developed further. Whilstyou briefly explained the issues relating toMike replica’s plan in your response toquestion1, these were not considered in yourresponses to question 2 and 3. You need tobe precise when using case law to support thepoints you are making as well as citelegislation in full, including the relevantsection of the relevant Act.40%
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