Legal Compliance and ER Resolution at Organic Health Foods (OHF)

Verified

Added on  2023/06/15

|10
|3450
|151
Report
AI Summary
This report analyzes several employment relations issues facing Organic Health Foods (OHF), a retailer in Covent Garden, based on a scenario brief where the director, Mr. Peter Chan, has made contract changes without proper notification. The analysis covers issues related to the National Minimum Wage Act 1998, religious discrimination concerning an employee's right to wear a headscarf, maternity leave entitlements, and gender reassignment considerations under the Equality Act 2010. The report references the Human Rights Act 1998, Employment Act 1996, and relevant case law to provide advice on ensuring legal compliance and amicable resolutions to employment disputes. It emphasizes the importance of adhering to statutory obligations, respecting employee rights, and fostering a fair and equitable workplace environment. Desklib is a valuable platform for students seeking similar solved assignments and study resources.
Document Page
HR
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
TASK ..............................................................................................................................................3
Scenario 1....................................................................................................................................3
Scenario 2....................................................................................................................................4
Scenario 3....................................................................................................................................6
Scenario 4....................................................................................................................................7
CONCLUSION ...............................................................................................................................9
REFERENCES..............................................................................................................................10
Document Page
INTRODUCTION
The business organisations helps in managing the effective growth and the generation of
revenue through which the management and the productivity is idealised. Their is been seen that
the vary nature and the principles are being laid through which the business can be work in
proper manner. Their is been seen that Employment Tribunals Act 1996 manages all the rights
and the regulations of the employees through which the statutory obligation and the rights for the
protection of the employees are being maintained. Their are various clause that are being
incorporated in it in order to make the systematic working approach they are like the maternity
leave, sick leave, health and safety at work, trade unions etc. it also helps to provide the equality
to all the employees in the organisations (Sengupta, 2021). This report will cover the scenarios
regarding the discrimination for religion, trade unions, maternity leaves. Further it will also cover
the right to practise religion and also to propagate and manifest the religious belief.
TASK
Scenario 1
National Minimum Wages Act 1998, is an important act which manages and provides the
general and the important clause through which all the salary and the general pay is being
defined and maintained. In UK this act implies to mandate all the flagship policy through which
the obligatory rules and the necessary amendments are being attained. This act accumulate and
frame the review and the general analysis on the low pay commission through which the changes
in the government rules and the applicability is attained. This act is in framed on all the general
and the personal areas of the contractual terms through which the reduction of the work and the
entitlement of the sum is managed (Brown, 2020).
This act provides the calculation of all the rights and the pays which are needed to be
given to the work force for their work and their structural and the general tendency of working.
This act regulate all the salaried working hours, time work, output work and all the unmeasured
work through which the company is managing their process and the procedural working. As per
the government guidelines all the pay scale is defined in a proper manner that no wages count
can be below the amount which is being decided by them. All the companies and the
organizations will have to manage the work according to it.
Document Page
NMW is mainly being enforceable by the HMRC and also by the contractual claims that
are being attained by the workers. It carries all the Employment tribunal claims and the rights.
The contractual claims are assigned and managed on the basis of the section 18 through which all
the compensation and the other working dismissal are aligned. In UK every year their bis the
complete check and the revision of the wages which are to be given to all the workers. As of
now the minimum wages for above 23 years old is £8.91 to £9.50 for an hour. For all the age
group of 21-22 it is £8.36 to £9.18. for all the employees under 18 years are £4.62 to £4.81
(Motala, 2020).
As the OHF being the retailer with the major staff has made the changes in the contract
without even notifying will not be acceptable as their can be seen that no authority without the
permission can at any time changes the terms or the clause which are being made in the national
minimum wages. Their is aligned that it serves to be important to at least give the notice before
changing any of the contractual terns as no person is allowed top make any of the changes
without being properly addressing and managing the laws and the imposition being aligned and
managed. So Peter Chan can not just change the contractual terms without giving the proper
discussion and details.
Scenario 2
Religion is an important part in all the individuals life and there is been seen that is
directly being linked to all the work and the effectiveness through which the work and the other
religious belief is majorly being affected. The workplace should always needed to manage and
mandate all the nature and the religious belief through which the attainment of the regulations
and the practising of the religious belief is mandating. As in Human Rights Act 1998, there is
being given all the purpose in relation to manage the effectiveness and the working in the
company with non- discrimination and equality for all(Dowsett, and Fromm, 2020). The Article
9 HRA 1998 provides that it is important to protect the right to practise and the freedom to
thoughts, belief and the religion. no person can at any time be restricted to practise their religion.
This can be like to wear the religious clothing or any of the religious signs or something. Their is
full freedom to practise the religion in any of the phase and in ways of time. the EU conventions
of the Human Rights manage to attain and implies the balance through which all the nature and
the varied rights are being framed. So the freedom to conscience the thoughts, religion and the
practising to manifest their belief will not be at any time be restricted. As in W v. UK their is
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
been seen that no person will be restricted to practise and manifest their religious belief and
cultures.
Wearing any of things which relates and reflects their religious belief will be considered
as a part of right to religion and no person will there by be restricted to do any of such activities.
The organizations will have no rights to restrict or discriminate any person o0n the basis of
religion(Jamal, and Higham, 2021).
Under Employment Act 1996, section 74 and 75, there is provided the general maternity
leaves as all the employees who are being pregnant and are not being working during their
maternity period will be entitled to manage and get all the pay in that time period. This is
managed as according to the date on which she informs and manages to be on the relevant
maternity leave. The government has given the proper rules and the guidelines that all the
women for about the sixth week pregnant till the time she give the birth to the child will get the
pay leave and no organizations can at any time denies for all such leaves. All the female workers
get the maximum 12 weeks of the leaves for their maternity tenure and also the post natal leave.
Their is been given the statutory and the contractual pay through which all the payment and the
salary is being defined. Thus their inclines that no women will be restricted for taking the
maternity leaves as ion all such cases they can go and ask for the tribunal regarding the complain
of the company(Asad, 2020).
Annual leave is mainly the entitled paid leave through which all the compilations and the
terms as in regard to the management and there working days are accountable. All the statutory
annual leave is merely the the holidays or the off which are being managed and addressed by the
government. Their are some of the major clause regarding the employment act in annual laeve
condition they are like:
all the workers accrue and manages the proportionate basis of working through which the
calculation and the working days are being aligned.
The annual leave for the part time employees will be according to the regulations in
which the bank holidays , days off and all the other entitlements is being managed. This
provides that all the general working and the holidays which are given by the government
will be counted in it.
Contractual annual leave entitlement provides that the employer can at any time manage
the statutory annual leave entitlement through which they manage all the contract and the
Document Page
additional nature of working. It also carries the discretion through which the contract and
the working can be managed. It implies to mandate the rules through which the
dependency and there working can be framed.
Annual leave for all the maternity and the adoptions is managed that there is continued to
accrue to all the statutory leave in which the major entitlement of 5.6 weeks with the
additional of the contractual terms and the agreement is laid. It involves that all the
maternity leaves will be calculated as in accordance to the the ordinary and the additional
leaves through which the annual leave is being managed(Ramadani, and et. al., 2020).
Thus, there is been seen that the maternity leave is the rights of the women and this
cannot be taken in any of the case or nature. All the employees are entitled to get such leaves
through which they manages their working and also to mandate and make the working according
to the general rights and nature. Their is being provided that ball the maternity leaves are the
employment regulations and this are imposed so as to make the person to gain the proper rest and
the payment.
Zuki Khan as been working from 1 year cannot be restricted to wear headscarf as there is
seen that no person will thereby be restricted to wear any of the religious and it implies that all
the employers and the organizations will have to follow the Human rights act 1998 in which the
article 9 implicates to freedom to practise and propagate the religious practises. Their is also
been seen that in all such areas she can go to the tribunal and can ask for the issues. Along with it
the person will have to manage and their will be given that no annual leave can be taken in the
maternity record as there are the provision in which the employee will not be restricted to take
the maternity leave and this will reflect and make the work to be attained and manageable. Their
is involved that all the employees will further manage and mandate the nature and the working
accruing through which the nature and the regulations can at any time be induced(Clark, 2020).
Scenario 3
Gender Re-project is mainly the re assignment of the genders of the person and there is
involved all transmission of the gender and their considerable areas. It is been majorly attained as
the main element through which all the areas are to be managed and implemented accordingly.
As this generally involves the surgery and some of the major health and the other areas through
which the operations and surgery is been taken place. This is the main concerns as it requires to
be affected with the mental and the physical state of the person is majorly being affected. NHS
Document Page
manages all the assessment and the work through which the effective working and their
considerable areas are being incorporated. It is been seen that there is widely analysed according
to the Equality Act 2010 their can be seen that all the individuals are needed to be treated in an
equal manner and their should not be any kind of discrimination on the basis of race, sex, class,
gender etc. the employees who are being working in the company usually have the right to
manage all the work to be attained and created accordingly. This manage that if any of the
employees is under going through the gender reassignment then they will be applied and
managed through the sickness and injury and are liable for the sick leave. Their can be seen that
in case when the employees are there by being working and they are not attained to applied and
managed for all the work and the adherence then this will be incorporated under it. The sick
leave are needed to be managed and there is applied to be managed the reasonable fairness
through which the discrimination and the employers work (Brimner, 2020). As there is being
managed that all the gender re project will be assigned as the major rights for the sick leave as
this will be counted under the mental health and the depression is majorly being reframed.
According to all such areas and the work the gender re project is the major effective working
areas through which the sick leave can be given to the employees and there is relatively being
provided all the nature and the consequential work through which all the framework and the
effective working challenges are managed. Thus, Ezra Cohen has the right to take the sick leave
as mental health is also a major part and this will be provided as the main implication and
condition(Herbert, 2020).
Scenario 4
Redundancy is majorly the methods in which the employees are being removed and laid
off from the company in order to make them and manage the work or due to other several
reasons. Their are generally five major reasoning for the redundancy in which it will not be
questioned they are mainly: Punctuality as in which the organizations generally opts and analyse that all the
employees who are being in the company are punctual or not. Their will be implied that
all the measures and their working systematic approach are thereby being measured. Attendance history through which the company will check the working methods and also
the ways in which the organizations is opt to manage the work. their is been seen that all
the employees while being removed will have to manage and maintain the work
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
accordingly and there is been seen that all the timely attendance and coming on time is
being analysed. Performance is another important concept through which there is analysed that all the
employees should manage the work in a systematic approach and there is required that
the working patterns and their nature through which they maintain their work is being
calculated. Disciplinary is another terms in which the organizations terms out and maintain the
growth and the regular opportunity through which they evaluate and assign the win and
keep check that which employee is doping the work and the assigned task in a proper
manner(Riva, and Rizza, 2021).
Skills this is the last important element through which all the working nature and the
skills which are being opt in the organizations is being calculated. Their is managed that
all the work and the assigned task are given to the employees and the person who is not
able to manage it in prop[er manner will be covered in it.
The Trade Union Act 2016 implements out and manages all the restrictions and the
working on which the trade unions are managed and this also provides that all the person or the
work force who are in the company can at any time join the union through which the conduct of
the duties and the management of the assigned areas in the legal incorporation is managed. All
the employees in the company have the right to join the trade union and no employers or the
company can at any time make the person to stop or make them to not join the trade unions.
As in the Human Rights Act 1998 there is been seen that all the employees in the
company as according to Article 9 will not be discriminated on the basis religion this should be
the right of all the employees and no employees will there by be discriminated for wearing any
of the religious jewellery. Their implies that this is mainly the manifestation of belief and will
not be made and applied on any of the reason.
Other then this all the companies should manage to have the handbook in which the
details and the all the requirements of the organizations are implied to be managed. This provides
that the dress code, training and the other important details are required to be mentioned under it.
In European Convention Of Human Rights there is been provided that all the actions and the
major decision making is being given through the nature and the working patterns through which
Document Page
the implementation of the plans can be made. All the company and their variable areas can
distinguish the nature and the ways through which all the work can be attained.
Thus, no employees can be laid off or removed from the company without the important
reason and their is been seen that all of them are required to manage the work other general
rights and the inflicting areas. Other then this the no employees can be removed from the work
without managing and the proper applicability of the plans (Wilson, and et. al., 2020). Lastly all
the person has the right to practise and propagate all the region and they will not be
discriminated in any manner.
CONCLUSION
From this above report it is concluded that employment act 1996 helps in managing the
rights and the regulations of the employees and also attain to provide the general principles
through which all the work and their vary management id being applied. The Human rights act
1998 improviser and mandates that all the person should not be restricted on the basis of race,
sex, religion etc. the maternity leave is an important right of the employees and this cannot be
taken in any way all the women are entitle to get the maternity leave. Further it is aloes analysed
that all the trade unions are the major areas thr0oyugh which the employees usually corporate
and make a union to work together.
Document Page
REFERENCES
Books and Journals
Wilson, S., and et. al., 2020. English legal system. Oxford University Press.
Riva, E. and Rizza, R., 2021. Who receives occupational welfare? The importance of skills
across Europe’s diverse industrial relations regimes. Transfer: European Review of
Labour and Research, 27(1), pp.97-112.
Herbert, D., 2020. Towns and cities. In The changing geography of the United Kingdom (pp.
190-212). Routledge.
Clark, D., 2020. Artificial Intelligence for Learning: How to Use AI to Support Employee
Development. Kogan Page Publishers.
Ramadani, V., and et. al., 2020. Entrepreneurial Family Businesses. Springer International
Publishing.
Asad, T., 2020. 4 Redeeming the “Human” Through Human Rights. In Formations of the
Secular (pp. 127-158). Stanford University Press.
Jamal, T. and Higham, J., 2021. Justice and ethics: Towards a new platform for tourism and
sustainability. Journal of Sustainable Tourism, 29(2-3), pp.143-157.
Dowsett, J. and Fromm, E., 2020. Managing personality disordered offenders in the community:
A psychological approach. Routledge.
Motala, E., 2020. The state, education and equity in post-apartheid South Africa: The impact of
state policies. Routledge.
Brown, M.F., 2020. Heritage as property. In Property in Question (pp. 49-68). Routledge.
Sengupta, P., 2021. Making (Ab) sense of Women’s Agency and Belonging in Citizenship
Debates in India: Analysing the Shaheen Bagh Protests as ‘Act (s) of Citizenship’.
Social Change, p.00490857211040248.
Brimner, L.D., 2020. Birmingham sunday. Astra Publishing House.
chevron_up_icon
1 out of 10
circle_padding
hide_on_mobile
zoom_out_icon
[object Object]