Case Notes Employment Law - Free Essay Example

Sample details Pages: 7 Words: 2191 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Tags: Employment Essay Did you like this example? Case Notes Nicholas Sheridan à ¢Ã¢â€š ¬Ã¢â‚¬Å" Ref NS1 Background I had a meeting today with Nicolas Sheridan Tuesday the 5th of October 2013. Nicholas is in full time permanent employment with Home Securities. He made an appointment today in relation to concerns he has about his job security with his employer à ¢Ã¢â€š ¬Ã…“Home Securitiesà ¢Ã¢â€š ¬Ã‚ . Don’t waste time! Our writers will create an original "Case Notes Employment Law" essay for you Create order Nicolas talked me through his work, his duties and the hours he works. He brought to my attention his working conditions and his working environment. As a result of his environment and excessive working hours he has had to seek medical help in dealing with theses issues and subsequently has been diagnosed as suffering with depression and anxiety. He believes this can be attributed to his working conditions and the excessively long hours he works mostly by himself. He mentioned he has to put in the extra hours on a regular basis over and above what his contract states. Nicholas mentioned that due to the recent diagnosis of depression he has had to take several weeks off work to recuperate and he is concerned as his employers do not appear to be happy with the amount of time he has had off. As Nicolas has been diagnosed with depression this is classed as a disability. Under the à ¢Ã¢â€š ¬Ã…“Employment Equality Acts [1998 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 2011]à ¢Ã¢â€š ¬Ã‚  it details in à ¢Ã¢â€š ¬Ã…“Section (a) For the purposes of this Act, a person who has a disability shall not be regarded as other than fully competent to undertake, and fully capable of undertaking, any duties if, with the assistance of special treatment or facilities, such person would be fully competent to undertake, and be fully capable of undertaking, those dutiesà ¢Ã¢â€š ¬Ã‚  à ¢Ã¢â€š ¬Ã…“An employer shall do all that is reasonable to accommodate the needs of a person who has a disability by providing special treatment or facilities to which paragraph (a) relates.à ¢Ã¢â€š ¬Ã‚  Based on this his employer will have to put Nicolas back on day shifts and reduce the amount of hours. It cannot be deemed as unreasonable to work on the day shift to accommodate his illness since there are day shifts available. Nicolas mentioned there are companies they work for where two or more security guards are required so he could be put on a shift where he is not isolated. à ¢Ã¢â€š ¬Ã…“A refusal or failure to provide for special treatment or facilities to which paragraph (a) relates shall not be deemed reasonable unless such provision would give rise to a cost, other than a nominal cost, to the employer.à ¢Ã¢â€š ¬Ã‚  There should be no cost to the employer to put Nicolas on day shifts and reduce the amount of hours he works and to put him on a shift where he works with other security guards. When looking at point B above and the information that Nicolas has provided I can also refer him to the à ¢Ã¢â€š ¬Ã…“The Organisation of working time Act ( 1997)à ¢Ã¢â€š ¬Ã‚ . In this Act working time is referred to as time spent at employers disposal carrying out duties or tasks and is limited to a maximum of forty eight hours per hours per week with some shifts in the week including mandatory breaks with defined rest periods. My client has shown me his time sheets which confirms he regularly works in excess of sixty hours per week. I noted some shifts are in excess of 12 hours each. This is in direct violation of the à ¢Ã¢â€š ¬Ã…“The Organisation of working time Act ( 1997)à ¢Ã¢â€š ¬Ã‚  in the act is states in à ¢Ã¢â€š ¬Ã…“Section 15.à ¢Ã¢â€š ¬Ã¢â‚¬ (1) An employer shall not permit an employee to work, in each period of 7 days, more than an average of 48 hours, that is to say an average of 48 hours calculated over a period (hereafter in this section referred to as a à ¢Ã¢â€š ¬Ã…“reference period à ¢Ã¢â€š ¬Ã‚ ) that does not exceedà ¢Ã¢â€š ¬Ã¢â‚¬  4 months, or 6 monthsà ¢Ã¢â€š ¬Ã¢â‚¬  (i) in the case of an employee employed in an activity referred to in paragraph 2, point 2.1. of Article 17 of the Council Directive, or (ii)where due to any matter referred to in section 5 , it would not be practicable (if a reference period not exceeding 4 months were to apply in relation to the employee) for the employer to comply with this subsectionà ¢Ã¢â€š ¬Ã‚  From the case history I can agree that his medical condition is closely linked to his working environment. Nicolas is suffering from depression that has been confirmed by his GP. In light of this I also reviewed the à ¢Ã¢â€š ¬Ã…“Safety, Health and Welfare at Work Act, (2005)à ¢Ã¢â€š ¬Ã‚  where this also mentions that depression falls under the umbrella of a disability This Act obligates employers to ensure they do everything reasonably practicable to ensure the safety, welfare and health of their employees. In light of this I asked Nicolas had he informed his employer that that the stress he was under was related to his work environment and the shifts he was put on and he advised me no he did not. He advised me that the certificate from the GP stated that he was unfit for work and that it did not specify that he had mental health issues. I referred him to the case of à ¢Ã¢â€š ¬Ã…“Barber (Appellant) v. Somerset County Council (Respondents)à ¢Ã¢â€š ¬Ã‚  where in paragraph 43 in the judgment from Lord Justice Hale she detailed a number of practical propositions applicable to cases where complaint is made of psychiatric illness brought about by stress at workà ¢Ã¢â€š ¬Ã‚ . I can link her judgment directly linked to Nicolasà ¢Ã¢â€š ¬Ã¢â€ž ¢s caseà ¢Ã¢â€š ¬Ã¢â‚¬  à ¢Ã¢â€š ¬Ã…“(3)Foreseeability depends upon what the employer knows (or ought reasonably to know) about the individual employee. Because of the nature of mental disorder it is harder to foresee than physical injury, but may be easier to foresee in a known individual than in the population at large à ¢Ã¢â€š ¬Ã‚ ¦ An employer is usually entitled to assume that the employee can withstand the normal pressures of the job unless he knows of some parti cular problem or vulnerability.à ¢Ã¢â€š ¬Ã‚  Based on this comment from Lord Justice Hale Nicolas needs to inform his employer of his mental health issues however he has complained about the excessive working hours. à ¢Ã¢â€š ¬Ã…“(7)To trigger a duty to take steps, the indications of impending harm to health arising from stress at work must be plain enough for any reasonable employer to realise that he should do something about ità ¢Ã¢â€š ¬Ã‚  I asked Nicolasà ¢Ã¢â€š ¬Ã¢â€ž ¢s would his employer know he was stressed at work and he said no as he works alone on the night shift and his employer would not see him. I asked had he communicated to his line manager about being stressed and he said no but that he has complained about the excessive working hours. I referred him to the case of à ¢Ã¢â€š ¬Ã…“Intel Incorporation (UK) Ltd v Daw, Court of Appeal [2007]à ¢Ã¢â€š ¬Ã‚  In this case the employee did not let the employer know she was stressed but she did complain about the work load and the employer made no attempts to reduce her workload as a result they were found liable and Mrs Daw was awarded  £114,764 plus interest. The employer was deemed to have failed in their duty of care to Mrs Daw. This again can be seen in the case of à ¢Ã¢â€š ¬Ã…“Dickens v O2 PLC [2008]à ¢Ã¢â€š ¬Ã‚  Again in this case the employee complained of being overworked and her pleas were ignored and she was signed off on anxiety and depression (recognised disabilities). This employee was awarded in excessive of  £100,000. Based on the above there is a clear duty of care owed to Nicolas from his employer. Reviewing the information provide to me and the review I have done on the à ¢Ã¢â€š ¬Ã…“Employment Equality Acts [1998 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 2011]à ¢Ã¢â€š ¬Ã‚  which lends itself due to the circumstances to the , à ¢Ã¢â€š ¬Ã…“Safety, Health and Welfare at Work Act, (2005)à ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“The Organisation of working time Act ( 1997)à ¢Ã¢â€š ¬Ã‚  I have made the following suggestion to Nicolas (1) Firstly he needs to approaches his employer make them aware of his condition. (2) He needs to request that he be put on the day shift where there are other employees on the same shift (3) His workings hours are to be reduced in line with what was set out in his contract of employment. Failing I mentioned to him that his employer has the right to refer him to a medical practitioner nominated by the company at any stage to verify his illness. The basis of this referral has to be made clear to the employee. Case Notes Carrie Kiernan à ¢Ã¢â€š ¬Ã¢â‚¬Å" Ref CK1 Background I had a meeting with Carrie Kiernan on Wednesday 1t of September 2013 regarding her pregnancy and her employment with Home Securities. Carrie is currently 15 weeks pregnant and she works in a physical job. Carrie is currently employed as a CCTV camera installer and repairer. I asked Carrie to give me a breakdown of he r daily duties and working conditions. Carries starts work at 7.30am daily Monday to Friday and finished at 5-5.30 pm. Her day includes the installation of CCTV cameras and any hard ware associated with the equipment. To install the cameras Carrie has to use scissor lifts, cherry pickers, safety harness and ladders to access the areas where cameraà ¢Ã¢â€š ¬Ã¢â€ž ¢s have to be installed. Carries job on occasion also involves her having to access enclosed spaces to run cables and installations accessories. Carries wants to know where she stands in regards to job security when she is no longer physically able to perform her duties detailed in her contract of employment as her pregnancy progresses. After reviewing the Maternity Protection Act (1994 to 2004) I ascertained that the employer will have to perform a rick assessment on if not already done detailing Carrie duties and work environment to ascertain what the risks are to Carrieà ¢Ã¢â€š ¬Ã¢â€ž ¢s Health and Safety and w ell being in her normal day to day duties. I advised Carrie that until I see this assessment I cannot advise her fully. I referred her to the case of à ¢Ã¢â€š ¬Ã…“Susanne Bunning à ¢Ã¢â€š ¬Ã¢â‚¬Å"v- GT Bunning and Sonsà ¢Ã¢â€š ¬Ã‚  that is not enough for her employers to perform a generic risk assessment as in this case it was ruled the Tribunal said (at paragraph 31): Taken as a whole, we consider the risk assessment to be a superficial and cursory one, inadequate as a generic assessment of risk and bearing no indication that it paid any particular regard to the needs of a woman of child-bearing age. I also referred Carrie to the case of à ¢Ã¢â€š ¬Ã…“Collins V First Quench Ltd [ 31 January 2003]à ¢Ã¢â€š ¬Ã‚  where Mrs Collins successfully sued for  £179,000 because her employer failed to carry out a risk assessment and failed to ensure she was not harmed during her work under i.e safe from attack à ¢Ã¢â€š ¬Ã…“under Regulation 3 of the Management of Hea lth and Safety at work Regulations 1999à ¢Ã¢â€š ¬Ã‚  However in the meantime I advised Carrie that under the à ¢Ã¢â€š ¬Ã…“Maternity Protection Act (1994 to 2004)à ¢Ã¢â€š ¬Ã‚  she is obliged to let her employer know 4 weeks before she plans on going on maternity leave. I advised Carrie that in light of her current duties that she should advise her employer as soon as reasonable practical à ¢Ã¢â€š ¬Ã¢â‚¬Å" section 9 para 1(a) of the act requires her to furnish them with a medical certificate to confirm the pregnancy. I advised Carrie that because of her qualification and the nature of her work if the risk assessment she couldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t work in her current position and they could not find her work in another department within the company she have to take health and safety leave as laid out in the à ¢Ã¢â€š ¬Ã…“Maternity Protection Act (1994 to 2004) Section 18 paragraph 1 A Bà ¢Ã¢â€š ¬Ã‚  it states à ¢Ã¢â€š ¬Ã…“that the employee cannot be moved on a duly sustained grounds and that the work in which the employer proposes is not suitableà ¢Ã¢â€š ¬Ã‚  meaning that they cannot put Carrie in work that is not suitable for her. If Carrie has to apply for the Health and Safety leave the employer is obliged[CK1] to pay full salary /wages for the first three weeks and to provide certification after to acknowledge that is leave under the Health and Safety Leave section 18 2 AB . It should be noted that the company must first try to place Carrie in suitable work to avoid unnecessary leave if this situation arises. In relation to the period up to the birth of her child and subsequent maternity leave Carrie if she availed of the Health and Safety benefit she would be paid Health and Safety benefit and paid her normal salary/ wage as it is stated in her contract of employment with Home Securities. This cannot be disputed as it is stated in the Maternity protection Act. Per à ¢Ã¢â€š ¬Ã…“Section 22 subsection 1(a) and Employee on mate rnity (protected leave)à ¢Ã¢â€š ¬Ã‚  of the à ¢Ã¢â€š ¬Ã…“Maternity Protection Actà ¢Ã¢â€š ¬Ã‚  I also informed Carrie that if she had to avail of this leave it cannot be treated as being absent from employment and must be included in payment if contractual and also paid for any accumulated leave of public holidays accrued whilst on she is Maternity leave. In summary my advice to Carrie is to notify her employer of her pregnancy all antenatal appointments. Carrie is also to request the health and Safety assessment they performed for women of childbearing age in that work environment and if it not prepared for one to be prepared for her. If it is deemed her work would put her in danger they can (a) offer her alternative role or if not she can (b) avail of Health and Safety leave. [CK1]

Integrating Risk Management And Management Control

Integrating risk management (RM) and management control together has been considered as a significantly essential approach to bring about high quality of RM. This idea has been developed since the Committee of Sponsoring Organizations of the Treadway Commission (COSO) published integrated framework for internal control in 1992. Ten yeas later, Section 404 compliance, which is part of Sarbanses-Oxley Act, was enacted in 2002 for the purpose of reviewing and reporting on effectiveness of internal control. In 2004, COSO also released Enterprise Risk Management (ERM), which is a framework to realize establishment of internal control and compliance with Section 404. As an initial step in developing risk management capability, this begins by†¦show more content†¦Additionally, it makes sure to keep financial reporting reliable in order not to face unnecessary trouble, such as fraud. Not only that, ensuring that enterprises follow laws and regulations thoroughly is also an essential part of this. If this is not put in place enough, organizations are very likely to damage their reputation, which is considered to be one of potential risks for them. Hence, it is clear that internal control could act as a regulator to minimize risks, which means establishing and maintaining proper internal control could be an effective way to constantly benefit from outcomes of RM. 2.2. The Coso Cube Among five interrelated factors composing internal control (Figure1: The COSO Cube), there is monitoring. This is mainly conducted by internal and external auditors to assess whether implemented internal control are functioning properly and effectively. In the course of this ongoing monitoring, if some deficiencies are to be discovered, then auditors report upstream to managers and the board. Compared with internal auditors, external auditors could bring about more

Management Research Marks And Spencer Essay Example For Students

Management Research Marks And Spencer Essay ManagementPast StructureMarks and Spencer used to be structured under a Functional or U-Form design which works by breaking the company into departments like operations, marketing, finance, human resources, and research and development. This design works well with smaller companies but with bigger companies there is too much information for the top manager to handle and deal with. This is exactly what happened to Marks and Spencer. In 1991, Sir Richard Greenbury took over Marks and Spencer for seven years and structured the company to fit the Functional design. He made the company very aristocratic and rigid where by â€Å"Head office knows best† (The Economist). This created an atmosphere where by the company focused on their products instead of focusing on their customers. Although Marks and Spencer grew and made huge profits within this time, in 1998 their profits fell very quickly and sharply. Marks and Spencer closed a chain of stores which they owned in Canada and rumours were spreading that they would also close two chains of stores which they owned in the United States. The combination of Marks and Spencer’s quick expansions and the aristocratic rule had definite visible implications on Marks and Spencer’s well-being. The combination of Marks and Spencer’s aristocratic rule and structure just couldn’t handle everything that was going on. Another one of Marks and Spencer’s weaknesses stemmed from their heavy reliance on inside promotions. The company would hire college students and have them work their way up the ladder. Very rarely did the company hire outside candidate for senior positions. This prevented outside innovations from coming into the organisation. Reformed StructureIn 1998 Marks and Spencer needed to do something drastic because it was losing out on its market share and their reputation was going down the tubes. The company decided it was time to restructure. The new structure of Marks and Spencer would be more like the Conglomerate or H-Form design. In this design the organisation is set up basically as a holding company comprised of unrelated products. The new Marks and Spencer would have seven different business units: women’s swear, men’s wear, lingerie, children’s wear, food, beauty, and home. This would allow the company to create a more flexible structure which could respond to the fast changing environment. This flexible structure would give autonomy to individual business units helping them tailor to their customers better. Marks and Spencer would no longer operate under the â€Å"head office knows best† principle and would give the customers what they really wanted. Another change was also made in the management of the company. At first, Peter Salsbury took over Marks and Spencer after Sir Richard Greensbury resigned and currently Luc Vandevelde heads the company. The company’s head management is running under a short term strategy in order to find someone who can lift Marks and Spencer out the hole. Luc Vandevelde came to the company in May 2000 and will stay on for a year unless he can turn the profits around. To help him out, Roger Holmes, an expert in profit turnaround and customer-focused organisational change, will also join Marks and Spencer in January of 2001 as executive director. The only problem facing the two is that neither have much experience in retailing food or clothing so if they can’t turn profits around, the company board will look to acquire a top level manager from Wal-Mart, the worlds largest retailer.Business Essays

Types of halogen compound Essay Example

Types of halogen compound Paper The purpose of this experiment is to find out how the rate of hydrolysis of an organic halogen compound depends on: a the identity of the halogen atom. b the nature of the carbon-hydrogen skeleton. Theory Experiment: In this experiment, the rate of hydrolysis of 1-chlorobutanne, 1-bomobutane, 1-iodobutane, Chlorobenzene is compared. A general equation for the hydrolysis is: R-X + H2O R-OH + H+ + X- (Where R = alkyl or aryl group; X= halogen atom) Hydrolysis of organic halogen compounds is a nucleophilic substitution reaction. In a nucleophilic substitution a lone pair of electron on a nucleophile, H2Ois attracted to a carbon atom, with a partial positive charge. The nucleophile is then substituted for the atom or group attached to the carbon atom. Since halide ions are being substituted out. By following the rate of the reaction by carrying it out in the presence of silver ions, so that any halide ions produced form a silver halide precipitate. Ag+(aq) + X-(aq) AgX(s) By comparing the time for appearance of precipitate, we can compare the rate of hydrolysis. The smaller the time needed, the faster the rate of hydrolysis. Hydrolysis is a chemical process in which a certain molecule is split into two parts by the addition of a molecule of water. One fragment of the parent molecule gains a hydrogen ion (H+) from the additional water molecule. The other group collects the remaining hydroxyl group (OH-). Types of halogen compound We will write a custom essay sample on Types of halogen compound specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Types of halogen compound specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Types of halogen compound specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Haloalkanes: organic compounds having one or more halogen atoms replacing hydrogen atoms in alkanes. The general formula of haloalkanes: CnH2n+1X. Classification of haloalkanes: Halobenzenes- organic compounds in which the halogen atom is directly attached to a benzene ring. Physical property: halogen compound has a little higher boiling point that corresponding alkane of comparable molecular mass. This is due to the dipole-dipole attraction between the molecules which is much stronger the the van der waals force held between alkane molecules. They are insoluble in water due to the inability to form extensive H-bond with water molecules. Chemical properties The features of the molecules of haloganoalkanes which make them susceptible to nucleophilic substitution: Owing to the high electronegativity of halogens, the C-X bond is highly polar. The polarization of the C-X bond makes the electron deficient carbon atom susceptible to attack by a electron rich nucleophile. Halogen atom can form a stable leaving ion.