CIPD 7OS01 Advanced Employment Law in Practice Assignment Example
Introduction
Your knowledge and understanding of the material covered in this specialist unit will be assessed by the submission of an assessment.
You will write four answers of approximately 1000 words to the questions posed and submit them together in a single document. This constitutes your assessment for this unit. The total word count for the assessment will therefore be 4000 words, plus or minus 10%. The bibliography, list of references and essential appendixes (if applicable) are not included in the total word count – but the latter must be kept to a minimum across all assessments.
You must demonstrate within the submitted evidence (through headings and sub-headings) which learning outcomes and assessment criteria have been cited. We are unable to moderate your work if this is not included.
As this is an Advanced Diploma, it is important that you are able to demonstrate not only good knowledge and understanding of the material associated with each learning outcome, but also the ability to develop an original argument and justify it persuasively with reference to wider reading. Examples of approaches taken in a range of organisations are also an effective means by which to justify your arguments.
The six main criteria that CIPD requires centres to use when marking the assignments are outlined below, but it may be that not all these criteria are present in every question.
- focus
- depth and breadth of understanding
- strategic application and professional advice
- research and wider reading
- persuasiveness and originality
- presentation and language
Assessment questions
You have recently started working as a Human Resource Manager for a local courier company called Rush-It. The firm is privately owned and employs 300 people based on three sites. You report to the owner and managing director, Mr Frank Woolley, a pleasant and well-meaning man who worries a great deal and finds it difficult to make decisions.
Frank is particularly stressed at the moment because he is finding it difficult to cope without the support of his long-serving secretary and personal assistant, Olga, who has now been away on maternity leave for five months. Since she left, he has had one problem after another to cope with and he misses her badly.
The problems began before Olga left to have her baby. Frank realised that he would need to replace her on a temporary basis with someone else, but he could not find anyone suitable. He was not prepared to pay Olga’s replacement anything like as much as he pays Olga, and this meant that high quality candidates were not attracted to the post. As a result, when Olga left there was no-one in her job for several weeks and a substantial backlog of work built up. Eventually he appointed a new PA of Asian heritage called Amina, but she has not been happy in the role, and now Olga is angry with him too. He comes to see you and tells you the following:
- In order to persuade Amina to take the on the role at a lower hourly rate than Olga, Frank had to promise to provide her with a company car. As no cars were available, he decided to let her use Olga’s car for the duration of her temporary contract. Olga gave up the car, but now wants it back.
- Amina complained soon after she started that she could not cope with the workload. In order to deal with the backlog, as well as with the current work, she is having to work 10 hours on most days and quite often for longer still. Frank has explained that Olga always worked whatever hours were necessary to get her tasks finished and that he expects Amina to do the same.
- Amina keeps asking Frank for something she calls a ‘Section 1 Statement’. Apparently, she is uncertain about her terms and conditions of employment and wants them put in writing.
- Amina has complained several times about the temperature in her office. She feels very cold on most days and wants him to provide her with a plug-in heater. Frank is very concerned at the moment about the size of his fuel bills and is reluctant to accede to this request. Olga never complained about the temperature, so why can’t Amina work comfortably in that office?
- Amina recently took a fortnight’s holiday. When she returned, she stated that she became ill on the day she was due to fly to Portugal and had to cancel the trip. She has been recovering at home and now wants to book a replacement trip next month. Frank refuses this request as she has already now been away on holiday for five weeks since she started. He will not pay her for any more time away from her job.
- Amina has apparently ‘had the gall’ to ask Frank to show her the references that were written about her by her former employers when she applied for the job. He has refused to do this.
But the biggest problem Frank has is that his very reliable Finance Director, Tony does not get along with Amina and they have been spotted arguing a few times. Tony is now demanding that Frank fires Amina or else he will start to look for a new job. Frank finds it difficult enough to cope without Olga. Losing Tony as well is too terrible a thought to contemplate.
Frank would be delighted if Amina was to leave, but he is reluctant to dismiss her because he badly needs a PA to help him with his work and she is a competent performer. He is also concerned because in her offer letter Amina was not informed about any notice period. The letter simply offers to employ her for a period of 12 months during Olga’s maternity leave.
Yesterday Frank called Olga and asked her if she would return to work earlier than originally planned. She replied that she would consider doing so if she could work on a part-time basis. Moreover, she stated that she would only want part-time work in any case were she to return to work as planned later in the year. There is no way that Frank is prepared to allow her to do this because the job requires someone who will give it full-time commitment.
What should Frank do? He wants to dismiss Amina but worries about doing so. He is hoping that she will resign of her own accord if he continues to ignore her complaints about the temperature in her office, her hours, her holiday and not being able to see her references. But she may not, and then he may lose Tony. He wants Olga back badly but is not happy about her working part-time. He asks your advice.
Write a report of approximately 4000 words, so 1000 words per question, which addresses each of the following questions. You should refer to leading cases as well as employment statutes when justifying your key points.
Question 1 (AC 1.2)
Explain how the Employment Tribunal, the County Court, The Health and Safety Executive and the Information Commissioner might each have a role to play were Amina and/or Olga decide to bring legal complaints in respect of the decisions discussed in the case study?
Question 2 (AC 2.2)
What potential legal risks can you identify in respect of discrimination law? What defences might the company be able to put forward were any of these matters to come before an employment tribunal?
Question 3 (AC 3.2)
What legal risks might Frank’s company assume in respect of dismissal law if he was to dismiss Amina in order to retain Tony?
Question 4 (AC 4.3)
Olga writes to complain about her company car being given to Amina and Frank’s refusal to allow her to return to work on a part-time basis. How should he respond from a legal perspective? Justify your answer
Generic grade descriptors
