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1
Legal Implications in Human Resource Management
Case of Schwartz Group
Zeeshan Ahmed
K1820578
2
Question 1
Q1 – a
Schwartz Group is confronted with the terrible test of
establishing changes into their business and
their strategic policies to decrease working expenses and
unavoidably being compelled to make
redundancies. Maybe the exact opposite thing that Schwartz
company needs in such a
circumstance is to reduce the risk of additional costs that may
occur because of poor execution of
right repetition methods (Carter, et al., 2017).
Repetition is one of the most challenged and questionable parts
of business, particularly
concerning economies with negative monetary atmospheres. The
expression "repetition", with
regards to business law, alludes to the situation of the Schwartz
company wherein a business
lessens their workforce if a specific activity/employment are
not, at this point required, i.e., they
become "excess". Such circumstances may emerge because of
elements that are outside the
control of the worker itself, for example, however not
constrained to:
1. the business shutting down
2. expecting to cut costs
3. appearance of counterfeit innovation (AI)
or different advances that have made that activity superfluous.
Much of the time, excess
isn't an impression of the representative's capacity to carry out
their responsibility, rather
it is brought about by assistant elements (Brewster, 2017).
Q1 – a
The hypothesis to be tested is the influence of the value of the
rights on the exercise of the action.
Dismissed employees whose rights are of low value are very
little active before the courts. If the
3
number of redundant employees with this type of rights
increases over time, the number of appeals
may decrease. Also, we question the role that increased job
instability could play once reducing
the number of employees at Schwartz. Thus, the observation to
which "there is a weakening of
protections for employees which owes nothing to the repeal of
previous legal standards, but which
is the product of economic changes which the law does not
come to accompany" could find
empirical verification. We can clearly observe an inverse
relationship between the share of
redundant employees who have not been able to acquire two
years of service and the rate of
recourse to proud men in the case of dismissal for personal
reasons (Bratton & Gold, 2017).
Q1 – a
This position has long been defended by British employers as
well as by the OECD and many
economists. It was already in response to this criticism that the
administrative constraints weighing
on redundancy affirmed that this reform was likely to allow the
creation of 367,000 jobs, a
prediction that never came true. The OECD considers that there
is a correlation between the level
of job protection and unemployment: “Do job protection
regulations have an impact on the
recruitment and dismissal policy of companies and is this
impact different according to
demographic groups? Does the existence of such regulations
explain the importance of the use of
temporary work in certain countries? […] Job protection tends
to damage the prospects of the
unemployed returning to work, thus lengthening the duration of
unemployment spells. In fact,
when making hiring decisions, employers take into account that
in the future, they may have to
bear redundancy costs (Cheema & Javed, 2017).
Q1 – b
Competition and coordination build a sufficient system which
includes a certain degree of
redundancy which makes it resistant to higher unemployment.
Development is supported by two
4
processes. "Proactivity" captures the idea of achieving
management in the business environment
of Schwartz. The emergence of more complex representations
depends on the employee’s
interactions in his environment. "Progressive specialization"
accounts for the idea that the events
experienced by the HR determine how he will adapt to it, and
this also determines how he will
adapt to future events (Currie, et al., 2017).
Q1 – b
To arbitrate the choice to develop or continue the development
of innovation projects at Schwartz,
the HR can set up a selection process in three stages:
aizen method of quality
assurance and/
against productivity
During this first stage, the organization collects the projects and
decides how to study the projects.
Two scenarios arise: either, the organization decides to study
the projects as they arrive; either, it
can examine the files either on a fixed deadline (every 3 or 6
months, for example), when it has a
sufficient set of projects. Once collected, the projects are
evaluated during the second stage. There
are many methods for choosing innovation projects, both
quantitative based on economic or
financial criteria (Heinrich, et al., 2017).
Other alternatives to redundancy for Schwartz can be to
investigate extra training of employees to
ensure higher levels of job satisfaction and security which leads
to less need for redundancy due
to better work performance. However, if Schwartz is using
redundancy to cut costs than this can
be dangerous to remaining employees as it reduces confidence
of job security which can affect
5
quality of work. An alternative to cutting costs for redundancy
is to investigate changing
management styles of the business, outsourcing future
employees or relocating to a cheaper base
for headquarters.
Question 2
Q2 – a
The employer's responsibility will vary according to whether he
is the holder of either the
actual subordination or the formal subordination. The employer
holding the formal subordination
should be jointly liable with the dominated entity in the event
of dismissal for economic or
structural reasons for the respect of working conditions. This is
important, because it makes it
possible to consider the instability or the degrees of power in
Labour relations. The effectiveness
of this approach has been tested by European competition law.
This proposal considers the
dynamic nature of the employment relationship. The client's
intrusion into the salary relationship
or when the employer turns into a client can lead to a double
bond of subordination, or even to his
displacement towards the client (Moideenkutty, et al., 2016).
Q2 – a
An employee cannot obtain damages for unfair dismissal on the
grounds that the employer has
known for several years that the card produced by him was a
forgery, the irregular situation
sufficient to justify the termination (Cass. Soc. 8 December
2009, appeal n ° 08- 42100).
Conversely, when the employer places himself on the ground of
serious misconduct to break the
employment contract like either of the suspects at Schwartz, he
must respect the disciplinary
procedure provided for by the Labour code (interview prior to
the pronouncement of the sanction,
respect for the deadline for prescription of faulty acts, etc.). If
the employer intends to invoke a
6
serious fault, the production of a false title in this case, he must
state this in the letter of dismissal
otherwise, redundancy rates. (Mosca, et al., 2015).
Q2 – a
Whereas the employer complains of the judgment ordering him
to pay compensation for non-
compliance with the dismissal procedure, then, according to the
means, only the provisions of
article L. 1232-2 of the code of work do not apply to the
termination of the contract of a foreign
employee motivated by his irregular employment; that by
granting the foreign employee whose
termination of the employment contract was motivated by his
irregular employment
compensation for procedural irregularity, the Court of Appeal
violated article L. 8252-2 of the
Labour code. Whereas the employer who has placed himself on
the disciplinary ground by
dismissing an employee in an irregular situation for serious
misconduct must respect the
provisions relating to the disciplinary procedure; that the Court
of Appeal, which noted that it
had not been established that the preliminary interview took
place within the legal deadlines,
does not incur the complaint of the means of unfair dismissal
(Noe, et al., 2017).
Q2 – a
For its part, the case-law of the Court of Cassation has
constructed a mechanism specific to
undocumented workers, by putting them aside from a substantial
part of the law on dismissal.
The eviction of these protective rules (subject to the
disciplinary procedure), whether they
concern the form, that is to say the dismissal procedure, or the
merits, here the requirement of a
real and serious cause dismissal, gave rise to important
doctrinal and union criticism and some
resistance from the courts of appeal. Industrial tribunal
proceedings tend in practice to be
organized around two main questions: knowledge or ignorance
of the administrative situation of
the foreigner (and therefore incidentally the good or bad faith of
the employer), '' a part, and the
7
role played by the employer in the implementation, if necessary,
of a regularization process for
the benefit of the employee in place (Stone, et al., 2015).
Q2 – b
The law continues to play an essential role of subjugation to
hierarchical power, disciplinary
control and confinement of the freedoms of employees within
companies. In recent times, it is
mainly through the mechanism of the five-year law that there
has been a great involution of Labour
law. The law of December 20, 1993 indeed called into question
the principles of civil and Labour
law as they existed in France since l789. In other words, the
modification that the artisans of the
defence of workers' rights can expect from the left is the
outright deletion of article L 32l-l-2 of
the Labour code (Bratton & Gold, 2017).
At Schwartz, to identify the suspects – it is ideal to hold a
meeting with the employees and be firm
but welcoming, it would be a good idea to have a psychologist
and body language therapist present
to ensure the honesty of the employees. The meeting is the first
step of the investigation; the second
step should be to check the rota to identify which employee
received the £50,000 transaction from
the customer, CCTV may also be checked if necessary. Once the
investigation is complete, if there
is still no suspect at hand then a search warrant may be applied
for from the law holders who may
allow for the personal bank accounts of employees to be
checked for the missing amount of money.
8
References
Bratton, J. & Gold, J., 2017. Human resource management:
theory and practice. s.l.:Palgrave.
Brewster, C., 2017. Policy and practice in european human
resource management: The Price
Waterhouse Cranfield survey.. s.l.:Taylor & Francis..
Carter, B. et al., 2017. Uncomfortable truths–teamworking
under lean in the UK. The
international journal of human resource management,, 28(3), pp.
449-467..
Cheema, S. & Javed, F., 2017. The effects of corporate social
responsibility toward green human
resource management: The mediating role of sustainable
environment.. Cogent Business &
Management, 4(1), p. 1310012..
Currie, D., Gormley, T., Roche, B. & Teague, P., 2017. The
management of workplace conflict:
Contrasting pathways in the HRM literature.. International
Journal of Management Reviews,
19(4), pp. .492-509..
Heinrich, R., Merkle, P., Henss, J. & Paech, B., 2017.
Integrating business process simulation and
information system simulation for performance prediction..
Software & Systems Modeling,,
16(1), pp. 257-277..
Moideenkutty, U., Murthy, Y. & Al-Lamky, A. .., 2016.
Localization HRM practices and financial
performance: evidence from the Sultanate of Oman.. Review of
International Business and
Strategy..
Mosca, J., Puches, L. & Buzza, J., 2015. Human Resource
Managers Impliment Effective
Organizational ChangeThrough Leadership & Process
Management.. International Journal of
Management & Information Systems (Online),, 19(4), p. 115.
Noe, R., Hollenbeck, J., Gerhart, B. & Wright, P., 2017. Human
resource management: Gaining a
competitive advantage. New York, NY: McGraw-Hill
Education..
Stone, D., Deadrick, D., Lukaszewski, K. & Johnson, R., 2015.
The influence of technology on the
future of human resource management.. Human Resource
Management Review, 25(2), pp. 216-
231..
Assignment Briefing (level 5)
Module Name
Human Resource Management
Module Code
BH5101
Assignment Title
Applied Case Analysis – Schwartz Group HR Scenarios
Type of Submission
On-line written assignment via Canvas/Turnitin
Weighting of the assignment in the overall module grade
50%
Word Count
1500 (+/- 10% excluding cover page, text of questions,
reference list & any appendices)
Issue Date
April 23 2020
Submission Date
9am Thursday 14 May 2020
Date of Feedback to Students
11 June 2020
Where feedback can be found
Canvas/Turnitin
Assignment Task
Students are required to demonstrate their knowledge and
understanding of the syllabus content by writing a case analysis
report based upon the following terms of reference.
The report should be 1500 words (+/- 10%), excluding cover
page, text of questions, reference list & any appendices. (Note -
there is NO requirement for an executive summary, introduction
or conclusion.)
Not adhering to the limit will result in losing marks.
Reports must be anonymised and provide a wordcount.
Case Background
You have been contacted again by the Schwartz Group to
provide further HR consultancy. As you will recall, the
Schwartz Group is a large privately held organization based in
the UK. The main business of the Schwartz Group is providing
insurance services and it has two main divisions, Domestic and
Corporate.
The Domestic division employs 500 people, the majority of
whom work at a call centre operation in Ealing, west London.
This offers car, home and life insurance products and
undertakes both outgoing (sales) and incoming (customer
service) calls. This is a high volume operation with the
emphasis on efficiency, meeting targets and customer
satisfaction. The staff here comprise recent A-level / college
graduates and workers in a range of other age ranges with
previous call centre or other work experience.
The Corporate division operates from an office in the City of
London and focuses on providing insurance services to owners
of commercial property (e.g. offices, factories) as well as
shipping vessels, with an international as well as UK focus. The
200 staff here undertake high-value, complex work where the
emphasis is on meeting the specific requirements of individual
clients. Employees here include recent university graduates and
others with experience in this sector of the insurance industry.
Read the business developments below and in your report
address the questions outlined. Provide advice for management
drawing on the sources provided.
Scenario A: Reduction in Headcount at the Domestic Division
Business demand in the domestic division has fallen due to
intense competition in the car, home and life insurance markets
stimulated by price comparison websites such as
‘confused.com’ and ‘gocompare.’ As a result of the fall in
customer demand, management have identified a need to reduce
numbers employed by ten percent. Fifty people are to be let go.
(In contrast, business demand in the corporate division remains
high, with notable expansion in some foreign markets.)
Lewis, the managing director of the domestic division, has
asked the Schwartz group’s HR manager for help in
“implementing these cuts as a matter of urgency, as quickly as
possible.” He has commented that because the Schwartz group
does not recognise a trade union he expects the process to be
“very straightforward.” Lewis has also suggested that the
employees to be let go should be made up of those recruited
recently and those with a poor attendance record.
Provide advice to the Schwartz Group HR manager as to how
handle this situation. Your advice should address the following
points:
(a) Summarise relevant legal obligations or considerations for
companies in such a situation.
What law defines ‘redundancy’? Do the facts of this case meet
the criteria outlined for a redundancy? (6
marks)
What legal obligations exist as to consultation with employees
regarding possible redundancies? Address here (i) in what
circumstances a consultation duty arises; ii) who to consult
with; iii) when this should take place; iv) the content of the
consultation
(12 marks)
Who is eligible to receive statutory redundancy pay? What level
should this be paid at? (6
marks)
(b) Advise about how to manage this process in a way that both
complies with the law and principles of best practice HR.
Consider ONLY the following issues:
· alternatives to redundancy (include what they may be and the
process for considering them)
· Choice of & process of applying selection criteria
(17.5 marks)
Scenario B: Missing Money in the Corporate Division
Fifteen people work in the Customer Accounts department at the
corporate division, which is headed by Samira. Their role is to
collect insurance premia from Schwartz group customers
including office, factory and ship owners. Three of these, Raj,
Sarah and Dexter, handle the accounts with the ship owners.
They are all employees and have worked at the Schwartz for
three (Raj), seven (Sarah) and ten (Dexter) years respectively.
The manager of this team, Ahmed, has just found out that a
£50,000 premium payment from the customer, Hellenic Vessels,
has gone missing.
Ahmed is shocked and wants to find out what has happened. He
recalls that Raj has been rather stressed recently citing “money
worries.” Ahmed has seen him checking his personal bank
account during work times and knows he recently sold his
expensive BMW car which he used to drive to work. Sarah has
arrived at work this week with a new designer hand bag and
sunglasses. No change has been observed in Dexter’s behaviour,
he just get’s on with the job and then goes home to his family.
Ahmed has asked the Schwartz Group HR manager for advice as
to handle this situation. He explained that he has invited Raj
and Sarah to come to a meeting together with him so that “we
can identify and dismiss the culprit as quickly as possible.”
Your advice to the HR manager should address the following
points:
(a) Summarise relevant legal obligations or considerations for
companies in such a situation.
What are the main sources of legal obligations on companies in
the areas of discipline & dismissal? (3 marks)
What groups of workers can normally claim unfair dismissal
and which workers in this scenario can potentially claim? (6
marks)
What two things must an employer show in order to prove a fair
dismissal? What are potentially fair reasons for dismissal
according to the legislation? (6 marks)
In what circumstances can an employee request to be
accompanied in a disciplinary meeting? Who are employees
permitted by law to request to represent them? (6
marks)
(b) Advise as to how to manage this process in a way that both
complies with the law and principles of best practice HR.
Consider ONLY the following issues:
· Investigation of conduct issues
· Management of disciplinary meetings, outcomes & appeals
(17.5 marks)
In preparing the report, you must refer to at least three
academic reports on scenario A, AND at least three academic
reports on scenario B.
By academic report we mean academic textbook or other book,
journal papers or high quality practitioner reports – see the
assignment page on Canvas.
Structure
All report should have the following sections: cover page;
section A; section B; list of references. NB – there is NO
requirement for an executive summary, introduction or
conclusion.
Readings
A number of readings are outlined below. However this is not
an exclusive list and other workshop readings, library books or
sources identified on iCat may also be used if seen to be
relevant. See also the materials on Canvas.
Hook and Jenkins textbook, chapter 12 ‘Discipline and
grievance’ & 13 ‘Dismissal, redundancy and outplacement’ (or
equivalent chapter in previous editions of Foot and Hook
textbook).
Gennard J., Judge G., Bennett, T. and Saundry, R. (2016):
Managing Employment Relations, 6th edition, London: CIPD
(chapters 12, 13 & 14).
Beardwell, J. and Thompson, A. (2017): Human Resource
Management: A Contemporary Approach, 8th edition, Harlow:
Pearson (Chapter 10 ‘The Employment Relationship &
Employee Rights at Work’, by Alan Ryan, especially pp. 367-
373).
ACAS (2015): Code of Practice on disciplinary and grievance
procedures, London: ACAS (available from
https://www.acas.org.uk/codes-of-practice).
Ashman, I. (2012): "‘The nature of bad news infects the teller’:
The experiences of envoys in the face to face delivery
of downsizing initiatives in UK public sector
organisations", ACAS Research Paper, 3/12, London: ACAS.
Ashman, I. (2012): 'Downsizing envoys: A public/private sector
comparison', ACAS Research Paper, 11/12, London: ACAS.
Suff, R. (2013): ‘Discipline and Grievance: 2013 XPertHR
Survey’, available from XPertHR (available at
www.xperthr.co.uk)
van Wanrooy, B., Bewley, H., Bryson, A., Forth, J., Freeth, S.,
Stokes, L. and Wood, S. (2013): Employment Relations in the
Shadow of the Recession: Findings from the 2011 Workplace
Employment Relations Study, Basingstoke: Palgrave.
Websites
https://www.acas.org.uk/redundancy
https://www.acas.org.uk/disciplinary-and-grievance-procedures
XpertHR – login via iCat –various materials on dismissal &
redundancy
https://www.gov.uk/dismiss-staff
https://www.gov.uk/calculate-employee-redundancy-pay
https://www.gov.uk/staff-redundant
https://www.gov.uk/taking-disciplinary-action
Allocation of Marks
Section/element
Allocated Marks
Scenario A – outline of the law
24
Scenario A – discussion of best practice
17.5
Scenario B – outline of the law
21
Scenario B – discussion of best practice
17.5
Presentation (structure, formatting, grammar, spelling, writing
style)
10
Referencing (extent & appropriateness of referencing, accuracy
of in-text citations & reference list at the end)
10
Total
100
FEEDBACK ON THE WRITTEN ELEMENTS OF THE
MODULE WILL BE BASED ON UNDERGRADUATE L5
GRADE CRITERIA:
CLASS
%
LETTER GRADE
OVERALL DESCRIPTION
GUIDELINE GRADE DESCRIPTIONS
First
85-100
A+
Outstanding
Your work meets all of the criteria described below for the A
and A- grades. On top of that, it shows that you have an
impressive grasp of the skills and knowledge covered in this
module. Your work is also consistently effective in analysing
key concepts that we studied and you draw on a comprehensive
range of evidence, reflection and reasoned argument. Your work
shows that you have followed good academic practice in terms
of citation and referencing, presentation format and clear,
accurate English.
1st
75-85
70-74
A
A-
Excellent
Very Good
Your work shows a detailed knowledge and understanding of
the material covered in this module. You have taken a creative
approach to the ideas and topics that we studied. Your work
shows your ability to analyse ideas critically using evidence,
reflection and reasoned argument based on the theories and
principles that we covered. Your work shows that you are
consistently able to identify and define problems and/or
practical issues clearly and to choose appropriate methods to
resolve them. Your work shows that you have followed good
academic practice in terms of citation and referencing,
presentation format and clear, accurate English.
2.1
67-69
64-66
60-63
B+
B
B-
Good
Your work shows a good knowledge and understanding of the
material covered in this module and you tackle a range of
different ideas and/or contexts. Your work also shows that you
are able to analyse ideas critically using the principles, theories
and approaches that we covered in the module. Your work also
shows that you are able to define problems and/or practical
issues clearly and to choose appropriate methods to resolve
them. Most of your work shows good academic practice in terms
citation and referencing, presentation format and clear, accurate
English.
2.2
57-59
54-56
50-53
C+
C
C-
Satisfactory
Your work shows some knowledge and understanding of the
material covered in this module. Your work also shows that you
are able to analyse material critically, but it does not always
focus on key points. Your work shows that you have applied
appropriate methods and tools to identify resolve the more
straightforward problems and/or practical issues covered in the
module. Your work follows good academic practice to some
extent in terms of citation and referencing, presentation format
and clear, accurate English
3rd
47-49
44-46
40-43
D+
D
D-
Adequate
Your work shows that you have gained a basic knowledge and
understanding of the material covered in this module. Your
work tends to be descriptive, and your analysis is
oversimplified. There is some evidence in your work that you
have applied the methods and tools covered in the module
appropriately to resolve straightforward problems and/or
practical issues. Your work shows some evidence of good
academic practice in terms of citation and referencing,
presentation format and clear, accurate English, but this is not
always consistent throughout.
Marginal Fail
35-39
F5
Unsatisfactory
Your work shows only a limited knowledge and understanding
of the material covered in this module. Your work is descriptive
and shows little attempt to analyse ideas or arguments. You
make some assertions without sufficient evidence to back up
your arguments. Your work does not apply what we learnt
appropriately to straightforward problems and/or practical
issues. Your work has not followed good academic practice in
terms of citation and referencing, presentation format and clear,
accurate English.
Fail
34 and below
F4
Poor
Your work shows little knowledge or understanding of the
material covered in the module. Your work is descriptive and
shows no attempt to analyse ideas or arguments. You make
assertions without putting forward the evidence to back them
up. Your work suggests that you have not understood the
methods and tools covered in the module well enough to apply
them to ideas or problems. Your work does not meet most of the
Learning Outcomes for this module. Your work has not
followed good academic practice in terms of citation and
referencing, presentation format and clear, accurate English.
Avoiding plagiarism
When you write an essay, report or dissertation you should
always cite the published sources to which you quote, refer to
or use as evidence, otherwise you are likely to be committing
plagiarism, which is a form of academic misconduct with
potentially very serious consequences. References need to be
made both within the text and in a list at the end.
The aim in doing this is to ensure that somebody reading your
work can easily find these sources for themselves. This applies
to whether you are using a book, a report, a journal article or an
Internet site..There is help available from MyKingston, the
library and online, including a range of videos such as those
given below:
https://mykingston.kingston.ac.uk/myuni/academicregulations/P
ages/plagiarism.aspx
https://mykingston.kingston.ac.uk/library/help_and_training/Pag
es/referencing.aspx (SEE HARVARD REFERENCING FOR
BUSINESS STUDENTS IN MIDDLE OF PAGE)
https://www-citethemrightonline-
com.ezproxy.kingston.ac.uk/Basics
Do remember you can submit your work as many times as you
like before the final deadline. It is a good idea to check your
Originality Report and ensure that any potential plagiarism is
eradicated for your work by rewriting in your own words and
referencing correctly. The staff on the BLASC desk in the LRC
will be able to advise on this. Here you can find out how to
access your Originality Report:
Additional helpful resources can be found here:
http://www.youtube.com/watch?v=1yYf8AihndI
The best way to avoid academic misconduct or plagiarism is to
use your own words at all times; do not cut and paste from other
work.
Illness or other mitigating circumstances
By submitting an assignment you are declaring yourself fit to
take the assessment therefore please make sure that if you are
unwell you understand our mitigating circumstances process.
The most important thing to do is keep us informed if you are
experiencing problems! See our regulations on this link:
https://mykingston.kingston.ac.uk/myuni/academicregulations/P
ages/Mitigating-Circumstances-and-Extensions.aspx
1

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Legal Implications of Redundancy at Schwartz Group

  • 1. 1 Legal Implications in Human Resource Management Case of Schwartz Group Zeeshan Ahmed K1820578 2 Question 1 Q1 – a Schwartz Group is confronted with the terrible test of establishing changes into their business and their strategic policies to decrease working expenses and unavoidably being compelled to make redundancies. Maybe the exact opposite thing that Schwartz company needs in such a circumstance is to reduce the risk of additional costs that may occur because of poor execution of right repetition methods (Carter, et al., 2017).
  • 2. Repetition is one of the most challenged and questionable parts of business, particularly concerning economies with negative monetary atmospheres. The expression "repetition", with regards to business law, alludes to the situation of the Schwartz company wherein a business lessens their workforce if a specific activity/employment are not, at this point required, i.e., they become "excess". Such circumstances may emerge because of elements that are outside the control of the worker itself, for example, however not constrained to: 1. the business shutting down 2. expecting to cut costs 3. appearance of counterfeit innovation (AI) or different advances that have made that activity superfluous. Much of the time, excess isn't an impression of the representative's capacity to carry out their responsibility, rather it is brought about by assistant elements (Brewster, 2017). Q1 – a The hypothesis to be tested is the influence of the value of the rights on the exercise of the action.
  • 3. Dismissed employees whose rights are of low value are very little active before the courts. If the 3 number of redundant employees with this type of rights increases over time, the number of appeals may decrease. Also, we question the role that increased job instability could play once reducing the number of employees at Schwartz. Thus, the observation to which "there is a weakening of protections for employees which owes nothing to the repeal of previous legal standards, but which is the product of economic changes which the law does not come to accompany" could find empirical verification. We can clearly observe an inverse relationship between the share of redundant employees who have not been able to acquire two years of service and the rate of recourse to proud men in the case of dismissal for personal reasons (Bratton & Gold, 2017). Q1 – a This position has long been defended by British employers as well as by the OECD and many
  • 4. economists. It was already in response to this criticism that the administrative constraints weighing on redundancy affirmed that this reform was likely to allow the creation of 367,000 jobs, a prediction that never came true. The OECD considers that there is a correlation between the level of job protection and unemployment: “Do job protection regulations have an impact on the recruitment and dismissal policy of companies and is this impact different according to demographic groups? Does the existence of such regulations explain the importance of the use of temporary work in certain countries? […] Job protection tends to damage the prospects of the unemployed returning to work, thus lengthening the duration of unemployment spells. In fact, when making hiring decisions, employers take into account that in the future, they may have to bear redundancy costs (Cheema & Javed, 2017). Q1 – b Competition and coordination build a sufficient system which includes a certain degree of redundancy which makes it resistant to higher unemployment.
  • 5. Development is supported by two 4 processes. "Proactivity" captures the idea of achieving management in the business environment of Schwartz. The emergence of more complex representations depends on the employee’s interactions in his environment. "Progressive specialization" accounts for the idea that the events experienced by the HR determine how he will adapt to it, and this also determines how he will adapt to future events (Currie, et al., 2017). Q1 – b To arbitrate the choice to develop or continue the development of innovation projects at Schwartz, the HR can set up a selection process in three stages: aizen method of quality assurance and/ against productivity
  • 6. During this first stage, the organization collects the projects and decides how to study the projects. Two scenarios arise: either, the organization decides to study the projects as they arrive; either, it can examine the files either on a fixed deadline (every 3 or 6 months, for example), when it has a sufficient set of projects. Once collected, the projects are evaluated during the second stage. There are many methods for choosing innovation projects, both quantitative based on economic or financial criteria (Heinrich, et al., 2017). Other alternatives to redundancy for Schwartz can be to investigate extra training of employees to ensure higher levels of job satisfaction and security which leads to less need for redundancy due to better work performance. However, if Schwartz is using redundancy to cut costs than this can be dangerous to remaining employees as it reduces confidence of job security which can affect 5 quality of work. An alternative to cutting costs for redundancy is to investigate changing
  • 7. management styles of the business, outsourcing future employees or relocating to a cheaper base for headquarters. Question 2 Q2 – a The employer's responsibility will vary according to whether he is the holder of either the actual subordination or the formal subordination. The employer holding the formal subordination should be jointly liable with the dominated entity in the event of dismissal for economic or structural reasons for the respect of working conditions. This is important, because it makes it possible to consider the instability or the degrees of power in Labour relations. The effectiveness of this approach has been tested by European competition law. This proposal considers the dynamic nature of the employment relationship. The client's intrusion into the salary relationship or when the employer turns into a client can lead to a double bond of subordination, or even to his displacement towards the client (Moideenkutty, et al., 2016).
  • 8. Q2 – a An employee cannot obtain damages for unfair dismissal on the grounds that the employer has known for several years that the card produced by him was a forgery, the irregular situation sufficient to justify the termination (Cass. Soc. 8 December 2009, appeal n ° 08- 42100). Conversely, when the employer places himself on the ground of serious misconduct to break the employment contract like either of the suspects at Schwartz, he must respect the disciplinary procedure provided for by the Labour code (interview prior to the pronouncement of the sanction, respect for the deadline for prescription of faulty acts, etc.). If the employer intends to invoke a 6 serious fault, the production of a false title in this case, he must state this in the letter of dismissal otherwise, redundancy rates. (Mosca, et al., 2015). Q2 – a Whereas the employer complains of the judgment ordering him to pay compensation for non-
  • 9. compliance with the dismissal procedure, then, according to the means, only the provisions of article L. 1232-2 of the code of work do not apply to the termination of the contract of a foreign employee motivated by his irregular employment; that by granting the foreign employee whose termination of the employment contract was motivated by his irregular employment compensation for procedural irregularity, the Court of Appeal violated article L. 8252-2 of the Labour code. Whereas the employer who has placed himself on the disciplinary ground by dismissing an employee in an irregular situation for serious misconduct must respect the provisions relating to the disciplinary procedure; that the Court of Appeal, which noted that it had not been established that the preliminary interview took place within the legal deadlines, does not incur the complaint of the means of unfair dismissal (Noe, et al., 2017). Q2 – a For its part, the case-law of the Court of Cassation has constructed a mechanism specific to
  • 10. undocumented workers, by putting them aside from a substantial part of the law on dismissal. The eviction of these protective rules (subject to the disciplinary procedure), whether they concern the form, that is to say the dismissal procedure, or the merits, here the requirement of a real and serious cause dismissal, gave rise to important doctrinal and union criticism and some resistance from the courts of appeal. Industrial tribunal proceedings tend in practice to be organized around two main questions: knowledge or ignorance of the administrative situation of the foreigner (and therefore incidentally the good or bad faith of the employer), '' a part, and the 7 role played by the employer in the implementation, if necessary, of a regularization process for the benefit of the employee in place (Stone, et al., 2015). Q2 – b The law continues to play an essential role of subjugation to hierarchical power, disciplinary control and confinement of the freedoms of employees within
  • 11. companies. In recent times, it is mainly through the mechanism of the five-year law that there has been a great involution of Labour law. The law of December 20, 1993 indeed called into question the principles of civil and Labour law as they existed in France since l789. In other words, the modification that the artisans of the defence of workers' rights can expect from the left is the outright deletion of article L 32l-l-2 of the Labour code (Bratton & Gold, 2017). At Schwartz, to identify the suspects – it is ideal to hold a meeting with the employees and be firm but welcoming, it would be a good idea to have a psychologist and body language therapist present to ensure the honesty of the employees. The meeting is the first step of the investigation; the second step should be to check the rota to identify which employee received the £50,000 transaction from the customer, CCTV may also be checked if necessary. Once the investigation is complete, if there is still no suspect at hand then a search warrant may be applied for from the law holders who may allow for the personal bank accounts of employees to be checked for the missing amount of money.
  • 12. 8 References Bratton, J. & Gold, J., 2017. Human resource management: theory and practice. s.l.:Palgrave. Brewster, C., 2017. Policy and practice in european human resource management: The Price Waterhouse Cranfield survey.. s.l.:Taylor & Francis.. Carter, B. et al., 2017. Uncomfortable truths–teamworking under lean in the UK. The international journal of human resource management,, 28(3), pp. 449-467.. Cheema, S. & Javed, F., 2017. The effects of corporate social responsibility toward green human resource management: The mediating role of sustainable environment.. Cogent Business & Management, 4(1), p. 1310012.. Currie, D., Gormley, T., Roche, B. & Teague, P., 2017. The management of workplace conflict: Contrasting pathways in the HRM literature.. International Journal of Management Reviews, 19(4), pp. .492-509.. Heinrich, R., Merkle, P., Henss, J. & Paech, B., 2017. Integrating business process simulation and information system simulation for performance prediction.. Software & Systems Modeling,, 16(1), pp. 257-277..
  • 13. Moideenkutty, U., Murthy, Y. & Al-Lamky, A. .., 2016. Localization HRM practices and financial performance: evidence from the Sultanate of Oman.. Review of International Business and Strategy.. Mosca, J., Puches, L. & Buzza, J., 2015. Human Resource Managers Impliment Effective Organizational ChangeThrough Leadership & Process Management.. International Journal of Management & Information Systems (Online),, 19(4), p. 115. Noe, R., Hollenbeck, J., Gerhart, B. & Wright, P., 2017. Human resource management: Gaining a competitive advantage. New York, NY: McGraw-Hill Education.. Stone, D., Deadrick, D., Lukaszewski, K. & Johnson, R., 2015. The influence of technology on the future of human resource management.. Human Resource Management Review, 25(2), pp. 216- 231.. Assignment Briefing (level 5) Module Name Human Resource Management Module Code BH5101 Assignment Title
  • 14. Applied Case Analysis – Schwartz Group HR Scenarios Type of Submission On-line written assignment via Canvas/Turnitin Weighting of the assignment in the overall module grade 50% Word Count 1500 (+/- 10% excluding cover page, text of questions, reference list & any appendices) Issue Date April 23 2020 Submission Date 9am Thursday 14 May 2020 Date of Feedback to Students 11 June 2020 Where feedback can be found Canvas/Turnitin Assignment Task Students are required to demonstrate their knowledge and understanding of the syllabus content by writing a case analysis report based upon the following terms of reference. The report should be 1500 words (+/- 10%), excluding cover page, text of questions, reference list & any appendices. (Note - there is NO requirement for an executive summary, introduction or conclusion.) Not adhering to the limit will result in losing marks. Reports must be anonymised and provide a wordcount. Case Background You have been contacted again by the Schwartz Group to provide further HR consultancy. As you will recall, the
  • 15. Schwartz Group is a large privately held organization based in the UK. The main business of the Schwartz Group is providing insurance services and it has two main divisions, Domestic and Corporate. The Domestic division employs 500 people, the majority of whom work at a call centre operation in Ealing, west London. This offers car, home and life insurance products and undertakes both outgoing (sales) and incoming (customer service) calls. This is a high volume operation with the emphasis on efficiency, meeting targets and customer satisfaction. The staff here comprise recent A-level / college graduates and workers in a range of other age ranges with previous call centre or other work experience. The Corporate division operates from an office in the City of London and focuses on providing insurance services to owners of commercial property (e.g. offices, factories) as well as shipping vessels, with an international as well as UK focus. The 200 staff here undertake high-value, complex work where the emphasis is on meeting the specific requirements of individual clients. Employees here include recent university graduates and others with experience in this sector of the insurance industry. Read the business developments below and in your report address the questions outlined. Provide advice for management drawing on the sources provided. Scenario A: Reduction in Headcount at the Domestic Division Business demand in the domestic division has fallen due to intense competition in the car, home and life insurance markets stimulated by price comparison websites such as ‘confused.com’ and ‘gocompare.’ As a result of the fall in customer demand, management have identified a need to reduce numbers employed by ten percent. Fifty people are to be let go. (In contrast, business demand in the corporate division remains
  • 16. high, with notable expansion in some foreign markets.) Lewis, the managing director of the domestic division, has asked the Schwartz group’s HR manager for help in “implementing these cuts as a matter of urgency, as quickly as possible.” He has commented that because the Schwartz group does not recognise a trade union he expects the process to be “very straightforward.” Lewis has also suggested that the employees to be let go should be made up of those recruited recently and those with a poor attendance record. Provide advice to the Schwartz Group HR manager as to how handle this situation. Your advice should address the following points: (a) Summarise relevant legal obligations or considerations for companies in such a situation. What law defines ‘redundancy’? Do the facts of this case meet the criteria outlined for a redundancy? (6 marks) What legal obligations exist as to consultation with employees regarding possible redundancies? Address here (i) in what circumstances a consultation duty arises; ii) who to consult with; iii) when this should take place; iv) the content of the consultation (12 marks) Who is eligible to receive statutory redundancy pay? What level should this be paid at? (6 marks)
  • 17. (b) Advise about how to manage this process in a way that both complies with the law and principles of best practice HR. Consider ONLY the following issues: · alternatives to redundancy (include what they may be and the process for considering them) · Choice of & process of applying selection criteria (17.5 marks) Scenario B: Missing Money in the Corporate Division Fifteen people work in the Customer Accounts department at the corporate division, which is headed by Samira. Their role is to collect insurance premia from Schwartz group customers including office, factory and ship owners. Three of these, Raj, Sarah and Dexter, handle the accounts with the ship owners. They are all employees and have worked at the Schwartz for three (Raj), seven (Sarah) and ten (Dexter) years respectively. The manager of this team, Ahmed, has just found out that a £50,000 premium payment from the customer, Hellenic Vessels, has gone missing. Ahmed is shocked and wants to find out what has happened. He recalls that Raj has been rather stressed recently citing “money worries.” Ahmed has seen him checking his personal bank account during work times and knows he recently sold his expensive BMW car which he used to drive to work. Sarah has arrived at work this week with a new designer hand bag and sunglasses. No change has been observed in Dexter’s behaviour, he just get’s on with the job and then goes home to his family. Ahmed has asked the Schwartz Group HR manager for advice as
  • 18. to handle this situation. He explained that he has invited Raj and Sarah to come to a meeting together with him so that “we can identify and dismiss the culprit as quickly as possible.” Your advice to the HR manager should address the following points: (a) Summarise relevant legal obligations or considerations for companies in such a situation. What are the main sources of legal obligations on companies in the areas of discipline & dismissal? (3 marks) What groups of workers can normally claim unfair dismissal and which workers in this scenario can potentially claim? (6 marks) What two things must an employer show in order to prove a fair dismissal? What are potentially fair reasons for dismissal according to the legislation? (6 marks) In what circumstances can an employee request to be accompanied in a disciplinary meeting? Who are employees permitted by law to request to represent them? (6 marks) (b) Advise as to how to manage this process in a way that both complies with the law and principles of best practice HR. Consider ONLY the following issues: · Investigation of conduct issues
  • 19. · Management of disciplinary meetings, outcomes & appeals (17.5 marks) In preparing the report, you must refer to at least three academic reports on scenario A, AND at least three academic reports on scenario B. By academic report we mean academic textbook or other book, journal papers or high quality practitioner reports – see the assignment page on Canvas. Structure All report should have the following sections: cover page; section A; section B; list of references. NB – there is NO requirement for an executive summary, introduction or conclusion. Readings A number of readings are outlined below. However this is not an exclusive list and other workshop readings, library books or sources identified on iCat may also be used if seen to be relevant. See also the materials on Canvas. Hook and Jenkins textbook, chapter 12 ‘Discipline and grievance’ & 13 ‘Dismissal, redundancy and outplacement’ (or equivalent chapter in previous editions of Foot and Hook textbook). Gennard J., Judge G., Bennett, T. and Saundry, R. (2016): Managing Employment Relations, 6th edition, London: CIPD (chapters 12, 13 & 14). Beardwell, J. and Thompson, A. (2017): Human Resource Management: A Contemporary Approach, 8th edition, Harlow:
  • 20. Pearson (Chapter 10 ‘The Employment Relationship & Employee Rights at Work’, by Alan Ryan, especially pp. 367- 373). ACAS (2015): Code of Practice on disciplinary and grievance procedures, London: ACAS (available from https://www.acas.org.uk/codes-of-practice). Ashman, I. (2012): "‘The nature of bad news infects the teller’: The experiences of envoys in the face to face delivery of downsizing initiatives in UK public sector organisations", ACAS Research Paper, 3/12, London: ACAS. Ashman, I. (2012): 'Downsizing envoys: A public/private sector comparison', ACAS Research Paper, 11/12, London: ACAS. Suff, R. (2013): ‘Discipline and Grievance: 2013 XPertHR Survey’, available from XPertHR (available at www.xperthr.co.uk) van Wanrooy, B., Bewley, H., Bryson, A., Forth, J., Freeth, S., Stokes, L. and Wood, S. (2013): Employment Relations in the Shadow of the Recession: Findings from the 2011 Workplace Employment Relations Study, Basingstoke: Palgrave. Websites https://www.acas.org.uk/redundancy https://www.acas.org.uk/disciplinary-and-grievance-procedures XpertHR – login via iCat –various materials on dismissal & redundancy https://www.gov.uk/dismiss-staff https://www.gov.uk/calculate-employee-redundancy-pay https://www.gov.uk/staff-redundant https://www.gov.uk/taking-disciplinary-action
  • 21. Allocation of Marks Section/element Allocated Marks Scenario A – outline of the law 24 Scenario A – discussion of best practice 17.5 Scenario B – outline of the law 21 Scenario B – discussion of best practice 17.5 Presentation (structure, formatting, grammar, spelling, writing style) 10 Referencing (extent & appropriateness of referencing, accuracy of in-text citations & reference list at the end) 10 Total 100 FEEDBACK ON THE WRITTEN ELEMENTS OF THE MODULE WILL BE BASED ON UNDERGRADUATE L5 GRADE CRITERIA: CLASS % LETTER GRADE OVERALL DESCRIPTION GUIDELINE GRADE DESCRIPTIONS First 85-100 A+ Outstanding Your work meets all of the criteria described below for the A and A- grades. On top of that, it shows that you have an impressive grasp of the skills and knowledge covered in this module. Your work is also consistently effective in analysing
  • 22. key concepts that we studied and you draw on a comprehensive range of evidence, reflection and reasoned argument. Your work shows that you have followed good academic practice in terms of citation and referencing, presentation format and clear, accurate English. 1st 75-85 70-74 A A- Excellent Very Good Your work shows a detailed knowledge and understanding of the material covered in this module. You have taken a creative approach to the ideas and topics that we studied. Your work shows your ability to analyse ideas critically using evidence, reflection and reasoned argument based on the theories and principles that we covered. Your work shows that you are consistently able to identify and define problems and/or practical issues clearly and to choose appropriate methods to resolve them. Your work shows that you have followed good academic practice in terms of citation and referencing, presentation format and clear, accurate English. 2.1 67-69 64-66 60-63 B+ B
  • 23. B- Good Your work shows a good knowledge and understanding of the material covered in this module and you tackle a range of different ideas and/or contexts. Your work also shows that you are able to analyse ideas critically using the principles, theories and approaches that we covered in the module. Your work also shows that you are able to define problems and/or practical issues clearly and to choose appropriate methods to resolve them. Most of your work shows good academic practice in terms citation and referencing, presentation format and clear, accurate English. 2.2 57-59 54-56 50-53 C+ C C- Satisfactory Your work shows some knowledge and understanding of the material covered in this module. Your work also shows that you are able to analyse material critically, but it does not always focus on key points. Your work shows that you have applied appropriate methods and tools to identify resolve the more straightforward problems and/or practical issues covered in the module. Your work follows good academic practice to some extent in terms of citation and referencing, presentation format and clear, accurate English 3rd 47-49 44-46 40-43 D+
  • 24. D D- Adequate Your work shows that you have gained a basic knowledge and understanding of the material covered in this module. Your work tends to be descriptive, and your analysis is oversimplified. There is some evidence in your work that you have applied the methods and tools covered in the module appropriately to resolve straightforward problems and/or practical issues. Your work shows some evidence of good academic practice in terms of citation and referencing, presentation format and clear, accurate English, but this is not always consistent throughout. Marginal Fail 35-39 F5 Unsatisfactory Your work shows only a limited knowledge and understanding of the material covered in this module. Your work is descriptive and shows little attempt to analyse ideas or arguments. You make some assertions without sufficient evidence to back up your arguments. Your work does not apply what we learnt appropriately to straightforward problems and/or practical issues. Your work has not followed good academic practice in terms of citation and referencing, presentation format and clear, accurate English. Fail 34 and below F4 Poor Your work shows little knowledge or understanding of the material covered in the module. Your work is descriptive and shows no attempt to analyse ideas or arguments. You make assertions without putting forward the evidence to back them up. Your work suggests that you have not understood the
  • 25. methods and tools covered in the module well enough to apply them to ideas or problems. Your work does not meet most of the Learning Outcomes for this module. Your work has not followed good academic practice in terms of citation and referencing, presentation format and clear, accurate English. Avoiding plagiarism When you write an essay, report or dissertation you should always cite the published sources to which you quote, refer to or use as evidence, otherwise you are likely to be committing plagiarism, which is a form of academic misconduct with potentially very serious consequences. References need to be made both within the text and in a list at the end. The aim in doing this is to ensure that somebody reading your work can easily find these sources for themselves. This applies to whether you are using a book, a report, a journal article or an Internet site..There is help available from MyKingston, the library and online, including a range of videos such as those given below: https://mykingston.kingston.ac.uk/myuni/academicregulations/P ages/plagiarism.aspx https://mykingston.kingston.ac.uk/library/help_and_training/Pag es/referencing.aspx (SEE HARVARD REFERENCING FOR BUSINESS STUDENTS IN MIDDLE OF PAGE) https://www-citethemrightonline- com.ezproxy.kingston.ac.uk/Basics Do remember you can submit your work as many times as you like before the final deadline. It is a good idea to check your Originality Report and ensure that any potential plagiarism is eradicated for your work by rewriting in your own words and referencing correctly. The staff on the BLASC desk in the LRC will be able to advise on this. Here you can find out how to access your Originality Report: Additional helpful resources can be found here: http://www.youtube.com/watch?v=1yYf8AihndI The best way to avoid academic misconduct or plagiarism is to use your own words at all times; do not cut and paste from other
  • 26. work. Illness or other mitigating circumstances By submitting an assignment you are declaring yourself fit to take the assessment therefore please make sure that if you are unwell you understand our mitigating circumstances process. The most important thing to do is keep us informed if you are experiencing problems! See our regulations on this link: https://mykingston.kingston.ac.uk/myuni/academicregulations/P ages/Mitigating-Circumstances-and-Extensions.aspx 1