Reference no: EM133302031

Learning outcome 1: Explain the core principles that underpin employment law as it applies in the UK, including common law, their purpose, origin and how those are enforced in practice.

Learning outcome 2: Advice colleagues about significant legal implications of decisions, plans or proposals in the employment law field, and manage change and reorganisation lawfully.

Learning outcome 3: Advice about the appropriate action and lawfully manage the process that should take place in workplace scenarios

Learning outcome 4: Assist in determining the appropriate organisational response when legal actions on the part of a worker or employee are anticipated, threatened, or taken.

Learning outcome 5: Demonstrate a critical understanding of the process of preparation, presentation and sewing of employment tribunal cases and the role of ACAS.

Learning outcome 6: Demonstrate a critical awareness of how to set up and manage HR policy in an organisation that will ensure compliance

SCENARIO

You are the Head of the Employee Relations Specialist Team at Ecoplanet Ltd. You have been invited to a meeting with Malvin Gates, the Head of Marketing of Ecoplanet Ltd. Malvin tells you that he was very surprised to receive the ET1 from one of the staff, Casey Davies, who works as a Junior Marketing Executive on the new solar panel product launched in June of this year. He informed you that this was the first time he had heard about Casey's concerns over the new solar panel. As far as Malvin is concerned, Casey was employed as a junior marketing executive and failed her probationary period because she didn't fit in well with the team. Malvin had been told by Anita Smith, Casey's line manager, that Casey was lazy, argumentative, made numerous personal phone calls on the office phone during work hours and wasn't a team player. Anita had even received complaints from other departments about Casey's behaviour. Anita told Malvin that Casey had been given informal feedback on numerous occasions about these issues but still hadn't improved. In fact, Anita had come back into the office after speaking with Casey about these issues to find Casey making another personal phone call! Casey looked shifty and embarrassed, but Anita didn't speak to her about the call.

Instead, Anita made the recommendation to Malvin that Casey should not be kept on after her probation, which was nearly over. 11 Accordingly, Malvin dismissed Casey at her end of probation interview on 12 August 2021. Malvin didn't go through EcoplanetLtd's disciplinary procedure because he thought it didn't apply to anyone with under two years' continuous service. In fact, Malvin thought that unless an employee has two years' continuous service, he or she could not bring any kind of unfair dismissal claim. For that reason, he didn't bother sending Casey a letter; he just dismissed her in the meeting and made sure she was paid in lieu of her notice. Malvin didn't receive any communication from ACAS regarding pre-claim conciliation, but he thinks that Anita might have done. He will find out and let you know. There was an Environment Agency investigation about the solar panels, the result of which was very favourable for Ecoplanet Ltd; the Environment Agency were in fact impressed with the quality of the new solar panels. Malvin was not aware that Casey had contacted the Environment Agency.

He had assumed that the investigation was just a normal part of the Environment Agency's regulatory duties. Malvin can only assume that Casey called the Environment Agency out of spite, because she was annoyed that Anita had brought up her substandard workplace practices. The report that Casey saw was from the very early developmental stages of the product. Ecoplanet Ltd would never knowingly release a product which was unsafe. Malvin does not think that Casey can have any kind of whistleblowing claim. He was the one who dismissed her and he did not know anything about her concerns. Also, her concerns had no basis in reality. There wasn't anything wrong with the solar panel; the report she relied on was just part of the testing and quality assurance process.

Task: Oral Presentation

Malvin has now invited you and your team to a case management meeting with him and the CEO where you are required to advice on the merits of the claim(s) from the perspective of the Claimant and the Respondent so that the decision can be made whether to settle the claim with Casey;

From the Respondent perspective, your team is required to address the following issues:
a. Explain the Employment Tribunal proceedings
b. Identify and explain the claims that Casey is pursing with reference to the relevant legislations.
c. Set out the response to Casey's claim that Ecoplanet can use as is legal defence.
d. What compensation/remedies Casey can get if she were to win her case

e. List the key features of a Settlement Agreement Finally, as a HR professional make few recommendations to Ecoplanet about significant implication if they are non-compliant with law and legislations.
From the Claimant perspective, your team is required to address the following issues;
a. Explain the Employment Tribunal proceedings
b. Identify and explain the claims that Casey is pursing with reference to the relevant legislations 12
c. Set out the legal arguments that Casey can make to ensure the success of her claim(s)
d. What compensation/remedies Casey can get if she were to win her case
e. List the key features of a Settlement Agreement Finally, as a HR professional make few recommendations to Ecoplanet about significant implication if they are non-compliant with law and legislations.

The written record of your oral presentation addressing the above questions must be submitted on Turnitin in Week 14.

You need to demonstrate your knowledge of the current literature, caselaw and the key issues of the area. You should use ProQuest or another academic search engine (e.g. Emerald) - not Google or Google Scholar - to develop your research (these tools will be examined in class).Professional organisations and bodies like ACAS, the CIPD (their factsheets are especially useful), the TUC, the ILO, House of Commons Library Research Papers, various House of Commons Select Committees and the Equality and Human Rights Commission may produce work that you may find helpful as are publications like People Management and the Financial Times Key points:

• Consider and use the marking criteria in preparing your answers.

• Use evidence or cite sources to support your claims. Weaker assignments tend to make assertions or claims, often rather wide-ranging ones, without supporting evidence. Conversely, stronger assignments make clear the basis of any claims made. The source of any claims should be identified.

• Use Harvard referencing.

The library provides detailed guidance. Use RefWorks if in doubt. (referencing makes up 10 per cent of the marks).

• Proof read (and/or get someone to do so). Many assignments are marred by minor errors and an easily rectifiable lack of clarity. Proof reading will reduce this (clarity of expression is a key criteria).

• Wikipedia. While this is a very useful source, it is also one beset with errors. It is not an appropriate reference for academic work.

• Certain sources are inappropriate for academic work. Sources such as the Sun, Daily Mirror and Daily Mail are highly unreliable and not credible sources.

• Do not rely too heavily on journalism. Good journalism is the icing on the cake, not the main course.