Organic Health Foods (OHF): Analyzing Key Employment Relations Issues

Verified

Added on  2023/06/18

|11
|3650
|254
Report
AI Summary
This report analyzes several employment relations issues at Organic Health Foods (OHF). It addresses scenarios involving national minimum wage violations, denial of maternity leave and religious accommodations, and discrimination based on gender reassignment. The analysis utilizes key employment legislation such as the Employment Rights Act 1996 and the Equality Act to evaluate the company's practices. The report advises the Director, Mr. Peter Chan, on necessary actions for amicable resolution and legal compliance, referencing relevant case studies to support its recommendations. The issues covered include minimal payoff to employees, dissentation of contract, maternity leave denial, religious discrimination, and sick pay refusal based on gender reassignment, providing a comprehensive overview of the legal and ethical considerations for OHF.
Document Page
Analytical Report
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
Table of Contents
INTRODUCTION ..........................................................................................................................3
SCENARIO 1...................................................................................................................................3
SCENARIO 2...................................................................................................................................5
SCENARIO 3...................................................................................................................................7
SCENARIO 4...................................................................................................................................8
CONCLUSION .............................................................................................................................10
REFERENCES..............................................................................................................................11
Document Page
INTRODUCTION
The employ relations is connected with the legal assurance linkage between the
superiors and subordinates. It has existence when one person agrees to work for particular
conditions in against on basis of remuneration, leaves, illness and working environment to
establish their priority of working in the organization. It is also describing the employees as well
as employers rights & obligations towards the culture of the company. The main objective of this
relationship is to maintain the positivity, loyalty and more engagement at workplace. The major
task of the HR leader or supervisor is to provide them decent attention regards their issues such
as fair compensation, other facilities, real-life balance and resolution of their problematic
situations. By doing this, they have gained life-time guarantee of their efforts, hard work and
commitment at job (Carroll, 2018). In this particular case study, the four scenarios are defining
the employment activity at various stages for different people. As an HR consultant of Organic
Health Foods, the key conceptual situations regarding issues facing for their employment rights
such as wages, castination, annual leaves, sickness from working and reduction-able claims in
job etc. and their applicability to resolve this issue under the correct & concise legislation in the
nation.
SCENARIO 1
OHF is a retail merchant establish in Covent Garden, UK with a overall force of 50
inclusion of drivers, sales people, cashier, administrative personnel and even cleaning staff. The
executor of the company has made several contractual modification without the consent of their
subordinates. They have decided National Minimum Wage for different categories such as:
For 16-17 years - £2.80
For 21-24 years - £3.90
No waging concept for freshers.
Zero-hour workings - flat £5 per hour rate.
Key issues of this situations:
1. Minimal payoff to employees right: The director of the company has definite the lowest
salary-slab of their workers for 16-17 aged is £2.80, 21-24 years is £3.90, no benefits for
Document Page
apprentice and extra time pay will be £5 per hour. But according to Government policies,
the National borderline wages of these conditions are for 16-17 is £4.62, for 21-24 is
£8.36, additional pay-rate for newly appointed is £4.30 which is much higher in against
for their efforts (Baxter, 2017). The employees of the OHF are getting lower payment
which is unacceptable because it becomes against the concept of national rules &
regulations.
2. Dissentation of contract: This is showing the un-engagement in decisions making of
working people while making agreement for their employability. In this company, the
executive-director is not giving the right to show presence and acceptance of contractual
agreeableness to their functional workers and made agreement on their own. According
to UK government policies, this is also against with the privilege of the individuals.
Concepual analytics of particular regulation action relate with the above issue:
Employment Rights act, 1996 : It is a United Kingdom law passed by the conventional
government for the modification in the UK labour law. It is showing the consolidation of actual
enacted adherence with the individual righteousness. It includes issues such as unfair
termination, reduction in remuneration, safety & protection of pay-offs, over time workings,
suspension etc. these all shows the presence of on the job holders at correct place & period. In
this particular study, the corporation is entitled with the two major problems which is directly
related with this law of action (Milner, 2021).
This enactment showcase the authorised payment which should be given to each
one of individual according to their age criteria. As we seen the payment structure of the OHF
which is highly lower for their concern which is against the law. And employees should take
stand & have a right to receive the nationalistic minimal remuneration of their country's
announced. They should collect the boundryline waging system for 16-17 is £4.62, for 21-24 is
£8.36, additional pay-rate for newly appointed is £4.30 on minimum basis.
In this, other perspective of the system is to give proper attention and wholly engagement
of the procedural contractual norms defining by the employer. But with the OHF firm,
they are not indulge other person while making any agreement, this become the 'Breach
ofEmployment Righteousness'. By this fraction, the subordinates are getting
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
untrustfulness and less confidence about the company and will do least efforts to
maintain their consistency.
Applicability of the Employment Rights Act towards the remuneration activity:
The application of the accessible righteousness of employees should include in overall
places within or out of the legal context (Rubery and Hebson, 2018). Because they are
effortlessly doing their tasks for the organization.
In OHF company, the subordinates should take exact valued amount which is legally
bounded by the government of nation. They can vocal up their voices against the
company about their minimum wages acceptability. If the firm not gives any legalised
compensation to them, they can go further to the 'Industrial Tribunal Committee'
where they can standing up with unity against the organization unauthorised and unfair
decision.
The workers can also mentioned about the unnotified personnel contract is being formed. This
shows that the organization is breaking the legal formation of the conditions which is
unauthorised in nature because they are making contracts without the consession of the
individual people. They can also confront with the 'Civil Courts' for any affection of activity
within the entity. They are working slowly but have not charged for claims in any form.
SCENARIO 2
A female cashier, named Zuki Khan is working since one year in Organic Health Foods. Now,
she is been told that she cannot ear her headscarf in office, and is not entitled to any maternity
leave. Instead she can take the annual leave.
Key Problems of the case:
1. Wearing Headscarf at workplace: As Zuki is a Muslim women, the UK law allows the
employees to wear the religious attire, and it should not be a concern for the
organisation.
2. No maternity Leave: The director of the Organic Heath Food, has said no to give the
maternity leave, and even asked her to take annual leave if she want to (Ahmad, 2017).
From the above problems, it has been noticed that the legislation of Employment rights Act and
Equality Act must be considered and if it not applicable at the workplace, it is the violation of the
Document Page
law. Every employee has the right to protest against the false law which is being following by the
company.
Employment Rights Act: It is an statutory obligation which should be followed by the
organisations. In this act, the maternity leave criteria is followed. Every pregnant women has the
right to take the maternity leave from at least 11 weeks before the birth of the child. The
maternity pay is paid for up to the 39 weeks. It is an obligation for the employer that he have to
grant the maternity paid leaves on 90% of paying the gross salary.
Employee Equality Act: The discrimination on the basis of religion is illegal in UK. It has been
protected gain the unfair behaviour between the employees based on the religious belief. For
example, in this case, a Muslim women want to wear a headscarf which is a part of Muslim attire
(Spangsdorf and Forsythe, 2021). So the organisation has no right to say no for wearing it. The
employers should ensure that the policies are made regarding the dress code does not a
unjustifiable disadvantage for the employees of specific religion such as Sikh, Muslim, etc. It is
good to have a dress code fixed, as it maintains a safe and a god environment at the workplace.
Application:
If the dress code is fixed in the Organic healths food, then also the director has no right to
prohibit the headscarf for Muslim women's. This will lead to the violation of the principle
of the religious rights of the employees. Zuki must make the manager understand the law,
and after that also the discriminatory action is done, then she can go to the employment
tribunal and file a case of unlawful victimisation against the Organic Healths food.
Zuki needs to ask for the leave from the employer and has to give the proof of pregnancy.
At least 28 days prior notice should be given to the manager by her that she is stop
working to have a baby. She also needs to be sure to complete all her due work before
going on the off (Hill, 2020)(Walters, 2018).
Zuki have to submit her medical report and the letter from doctor within 21 days of the
start of her maternity leave, stating that she is pregnant.
If the owner of the business said no for the leave, then Zuki can file the complaint against
the laws and policies of the organisation. Because it the legal right of any women to take
the maternity leave and being paid for it. This right has been issued by the government by
Document Page
seeing and facilitating the working women, so that their future career should not be
affected. Zuki can file the complaint for the violation of the principle.
SCENARIO 3
Ezra Cohen has claimed for the sick pay as he has been going under Gender Reproject.
But the director of Organic Healths Foods has refused to grant leave saying that it is not a
authorized illness. Ezra has also been dismissed by Mr. Chan on the basis of that depression and
gender reassignment is not a disease.
Gender Reassignment: It means transition from the birth gender to another gender. The
government of UK has declared it as a medical treatment because many sessions are being
attended through medical appointment. It involves medical intervention.
Termination on the basis of the asking for the right of leave and not considered depression an
illness: The employee has the right to ask for the leave and cannot be dismissed on this basis
(Glover and Branine, 2017).
Depression an illness: According the law of United Kingdom, depression is considered a
disease of mental health and the employee can ask for the leave showing the medical report
signed by the doctor.
Law that are applicable in this case:
Equality Act: This enactment has forbidden discrimination on the basis on gender
inequality. It contains the law that every sex has been given an equal right and no
favouritism should be done on this basis. It is considered to be an unfair treatment.
Sick Pay: It allows the employee to take leave regarding the diseases related to illness.
Generally, a person in have to take a minimum of 4 days of sick leave including the week
off's and would also need a sick note if taking leave of more than seven days. The
employee can take sick leave even when they are on holidays. Sick pay is not entitled to
self employed people.
Application:
Gender transformation is also listed as a disease from the legislative point of view and
every individual has the right to take leave when he is going under the process of gender
reproject (Chaubey, Sahoo and Khatri, 2019). The principle of equality applies here, that
every individual has the right to be treated equally.
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
Ezra is undergoing a Gender reassignment, which is considered am illness according to
the law and has the right to take leave on this basis. Because for Gender reassignment,
one have to undergo a surgery and need to take some time off for the medical
appointments.
If Mr. Chan gives the sick pay to another employee for example, when an employee has
broken his leg. Then it will be considered a case of unlawful discrimination (Lin And et.
al., 2019). Then Ezra case file a case against the director.
In this case, Ezra has been terminated because Mr. Chan got to know about his sexuality
and he was dismissed on this basis. So, this situation arises of the unlawful practices. The
other employees should protest against the organisation because it it has happened with
one person, it could go on with others also. So, this is an issue which should be addressed
and bring to the light of all the employees and the senior executives.
Even after protesting, is the top management has been stiff with their decision, then Ezra
should file a suit against the director of Organic Health Foods for discriminating on the
basis of gender and for this reason dismissing from the job on the ground on the
sexuality.
SCENARIO 4
When the pandemic due of Covid raised, the staff member were terminated or some were
made unnecessary. Now, the staff has been told that they cannot wear any jewellery representing
their religion.
Key issues of the situation:
1. Redundancy in culture: The OHF firm are also doing unnecessary redundant & laid-off
activity due to Covid Pandemic which become hectic situations for the employees
because they have only employability option in their hand and made critical situation for
the surveillance (Gorriaran, 2020).
2. Restricted to join trade unions: The company also give some other instructions about
the non-joining the unity group for making one unit in being strong & powerful. It is not the
corrective order giving to subordinates. This is showing the authoritative nature of the employers
towards employees.
Document Page
3. Abstracting from their religious activity: The corporation also mentioned some rules to
people who believe in their religion and have to wear its ornaments with the dressing on
regular basis. But the company denied to wear such religious dresses along with its
jewellary for the agnostics nature of them (Bäckström and Lindberg, 2019). This become
rediculous action with the feelings of employees. And even they did not prepare any
prospects or training programme of how to do proper dressed up. This shown the inactive
personality of the superiors and management.
Conceptual Analysis:
1. Under the act of Employment Rights, the redundancy of the employee who is being
dismissed as a part of unfair basis or company's some beneficiery terms. Due to covid pandemic,
OHF also taken laid-off actions which being unfair with those who gives proper attention, efforts
and loyalty towards them.
2. With the law of trade union act, every employee has the right to choose their
employability group on their own, nobody can interfere in it. They have all righteousness
towards the position they have acquired. But the OHF firm has banned to select the unity
programme of their choices. Through this, personnel assistance of employment being faded.
3. Along with the act of employ righteousness, every employee should have right to choose
and wear their traditions on their own choice without hurting any other person's
sentiments (Williams and Horodnic, 2017). This become the huge scenario of the
discrimination at work. As thought the similar, the company is only thinking upon the
overall sentiments but not the individual feelings.
Applications:
1. It is important for every individual to work in the organisation with full honesty and
determination and the same should go with the employers as well. If the workers will be
dismissed without any notice and in the extreme emergency where the situation was that
the people are starving is not a sign of good individuality and it will demean the Organic
Health Food.
Document Page
2. The company should give every employee to do demand and choose in accordance with
the favourable and beneficiary policies while selecting unions. This makes subordinates
strong and enough confident to make their points precise and clear (Campion and Knapp,
2018).
3. There are selective criteria for every employee for the dress code which should be
mandatory for all the employees. There is no differentiation in the individual's choice of
dressing and this cannot be hurtful for the other person in the organisation.
CONCLUSION
The report is about the different cases which has been occurred in the organisation named
Organic Healths Food. The scenarios which has been given is a serious problem which the
organisation should improve and should think about the employees and treat them as their family
and a part of the organisation. The employees play a vital role in enriching the company, if the
employee are not happy with their environment and about the attitude of the business towards
them, it will increase the employee turnover. This could lead to decrease in its profits as well as
the goodwill of the Organic Health foods. It is the obligation for every business to follow the
statutory norms issued by the government for the welfare of the workers as well as the governing
body. If the rules and regulations are not being followed the employee has the right to sue the
firm under the Employees Right Act. So, from this report, it has been concluded that if Organic
Health Food will not follow the law, the cases against the firm will be filed by the employee in
the Employment Tribunal.
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
REFERENCES
Books and Journals
Ahmad, N., 2017. Racism in India: Equality Constitutionalism and Lego-Institutional
Response. Available at SSRN 2903995.
Bäckström, I. and Lindberg, M., 2019. Varying involvement in digitally enhanced employee-
driven innovation. European Journal of Innovation Management.
Baxter, J., 2017. Women leaders and gender stereotyping in the UK Press: A poststructuralist
approach. Springer.
Campion, J. and Knapp, M., 2018. The economic case for improved coverage of public mental
health interventions. The Lancet Psychiatry. 5(2). pp.103-105.
Carroll, N., 2018. Lone Mothers’ Negotiation of Competing Employment and Parenting
Demands in the Contemporary British Context of “Worker Citizenship”. In The Work-
Family Interface: Spillover, Complications, and Challenges. Emerald Publishing
Limited.
Chaubey, A., Sahoo, C.K. and Khatri, N., 2019. Relationship of transformational leadership with
employee creativity and organizational innovation: A study of mediating and
moderating influences. Journal of Strategy and Management.
Glover, I. and Branine, M., 2017. Introduction: the challenge of longer and healthier lives.
In Ageism in work and employment (pp. 21-40). Routledge.
Gorriaran, A.J., 2020. Employee Status, Years of Education, Work Experience and Ethical
Attitude (Doctoral dissertation, Capella University).
Hill, K., 2020. She Will Rise: Becoming a Warrior in the Battle for True Equality. Hachette UK.
Jeffrey, D.L. and Levin, J., 2020. Are the Wages of Sin Really Death?: Moral and Epidemiologic
Observations. Christian Scholar's Review. 49(3). pp.263-279.
Lin, H.C. And et. al., 2019. Leverage and employee compensation–the perspective of human
capital. International Journal of Managerial Finance.
Milner, S., 2021. Social and employment policy. In The Routledge Handbook of Gender and EU
Politics (pp. 253-264). Routledge.
Rubery, J. and Hebson, G., 2018. Applying a gender lens to employment relations:
Revitalisation, resistance and risks. Journal of Industrial Relations. 60(3). pp.414-436.
Spangsdorf, S. and Forsythe, A., 2021. The glass slipper effect: understanding the Nordic gender
equality paradox from an identity fit perspective. Career Development International.
Walters, T., 2018. Gender equality in academic tourism, hospitality, leisure and events
conferences. Journal of Policy Research in Tourism, Leisure and Events. 10(1). pp.17-
32.
Williams, C. and Horodnic, I.A., 2017. Under-declaring work, falsely declaring work: Under-
declared employment in the European Union. Available at SSRN 3053148.
chevron_up_icon
1 out of 11
circle_padding
hide_on_mobile
zoom_out_icon
[object Object]