HRM Law Case Analysis: Redundancy Payment and Employment Tribunal
Verified
Added on 2023/06/13
|6
|1326
|144
AI Summary
This report analyzes a case scenario of Karl who was made redundant by VULPUS and discusses his legal claim to an employment tribunal, entitlement to a redundancy payment, and other issues with how VULPUS handled the redundancy.
Contribute Materials
Your contribution can guide someone’s learning journey. Share your
documents today.
HRM law case analysis
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
Table of Contents INTRODUCTION..........................................................................................................................3 TASK..............................................................................................................................................3 Legal claim to an employment tribunal? What claim might he make? What other information might we need to decide whether Karl has a claim?...................................................................3 Is Harold likely to be correct regarding his assessment of Karl’s entitlement to a redundancy payment? Why?...........................................................................................................................4 Are there any other issues with how VULPUS! have handled the redundancy? If so, what are these and what are the wider implications for how HR is conducted within the company?.......4 CONCLUSION...............................................................................................................................5 REFERENCES................................................................................................................................6
INTRODUCTION Employment is an important conceptin which all the person who are being involved in working are called as employees and the employers. This is mainly the work which is being framed by the individuals in order to manage the growth and the profit and also to rein-curse the adaptabilitythroughwhichtheorganisationalprogresscanbemanaged.InUKthereis employment tribunal which provides all the necessary areas for the protection of the rights of the Work force. This manage all the basic areas which comprise of salary issue, unfair dismissal, redundancy, rights of the employees and many more. In this report there is given a case scenario of Karl who was being working under the VULPUS and was told to change the position due to the longer illness and the incapacity to be present and he was informed to take the redundancy payment(Farafontova, and et. al., 2021).This report will cover legal claim for the employment tribunal in which the essential concepts of redundancy along with the employers duties for payment are being asked. TASK Legal claim to an employment tribunal? What claim might hemake? What other information might we need to decide whether Karl has a claim? Redundancy is mainly the concept in which employer in the organization reduce the workforce and this is being made due to certain issues which can be like any of the business closure, lay off, loss in the current situation. This is mainly the auxiliary factors as this is not any kind of reflection in the employees ability. In Employment right act 1996 section 139 provides that any of the employees who are being dismissed so as to carry on the general business and in an intention to ceaseso the employers intends to remove or cease all the employees who are being employed by them. This is being made so as to manage the requirements for general and particular kind and also to manage the employed areas by the employer (Gousev, and Yurevich, 2021). Karl in order to protect himself from the removal or the redundancy can take the claim of statutory redundancy pay as in this all the employees who are being working in the organization for 2 years and more are being undertaken and will have certain implications which are like: Their will be implied that all the employees will get half week pay for whole full year
one week payment will be given for full year in case the age is 22 or more but not more then 41. and the payment will be given one and half week for full year to the employeeswho were being 41 year or older. Thus, their can be applied that all the payments as in relation to the employment should be given to Karl as their implicate that Karl was being working over their since 4 years and he has the right to get the payment for the work which was being made by him as theses are his statutory rights (Mazaroff, and Horn, 2021). Is Harold likely to be correct regarding his assessment of Karl’s entitlement to a redundancy payment? Why? Redundancy as is generally a major type of dismissal in which there is no requirement of any of the role in the company and some of the main element are like the closing of the company, pr there is any changing of the roles in the organization for the certain work and also in case when the company is changing location. All the employer have the right that they can actually remove any of the employed in case when there is implied that all the legal issues and the management are being addressed.Harold as in order to manage the loss and the generate the revenue can take the help of redundancy so as to manage the growth and also to apply the framing and the work growth and balance (Kiersztyn, 2021). Their is been given that but he cannot at all such instance can make the employees to be forced to take any of the decisions according to their own sake. Which means that all the employees have the right to get the payment on timely basis and their should not be any alternation which can be applied in all the areas for the redundancy. As inPackman Lucas Associates v Fauchon,court held that all the reduction of the employees from the job can not only be made for the fixed terms on which the there is given that all such employee who are being sick on leave due to medical conditions cannot be removed or be the part of redundancy. As this will not be amounted to redundancy in ERA 1996. Are there any other issues with how VULPUS! have handled the redundancy? If so, what are these and what are the wider implications for how HR is conducted within the company? The VULPUS as being the known company can eventually manage the redundancy by considering the steps in which they should prepare the reasons and the ways in which the issues which the company is being facing. The there is required to gave the selection for the employees
Paraphrase This Document
Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
and the issues that the company is aligning. Later on there is being needed to manage the individual consultation in which all the methods and the working are being applied accordingly. Further all the employees who are being selected for the redundancy are needed to get the notice which is required ti be served on proper and timely manner. Finally the termination is needed to be given according to the ways and also with the payment which is being made. CONCLUSION From this above report it is concluded that employee law is an act which helps in protecting the rights of the employees in the company and also give them statutory obligation in which they can manage the performance. Redundancy is all such situation in which the employees are being removed from the company in order to manage their lay off and cost cutting. Further it is also concluded that no employees are being removed from the organisation in case of their health issues and also for any of the health and other reasons.
REFERENCES Books and Journals Mazaroff, S. and Horn, T., 2021.Maryland Employment Law. LexisNexis. Farafontova, E.L., and et. al., 2021. Legal Problems Of Human Resource Management In The Employment In Russia. Gousev, A.B. and Yurevich, M.A., 2021. Globalization of Employment Amid COVID-19 Pandemic.MGIMO Review of International Relations,14(1), pp.148-173. Kiersztyn, A., 2021. Who moves from fixed-term to open-ended contracts? Youth employment transitions in a segmented labour market.Acta Sociologica,64(2), pp.198-214.