BH3308 - Employee Relations and Legal Issues in HRM - Legislation and Employee Relations Knowledge - Underpinning Employee Relations - Business Assignment Help

BH3308: Employee Relations and Legal Issues in HRM  Business Assignment Help

Assignment Task:

The second issue relates to the teams who work out in the community, amongst the homeless. There are a number of core workers in each city who work a 35 hour week. To support them, there are individuals who have specialist skills, in areas such as debt management and counseling. They are called in to help when they are needed. They are paid for their time.

Two of these individuals (Dave and Pam) have been told they are no longer needed because they have proven to be unreliable. They are both arguing that they should be entitled to a redundancy payment. They have each worked for the charity for 5 years. Although they did not have a written agreement that they would work any regular hours, over recent years they have regularly worked every Monday and Tuesday, and some Fridays. They invoice for their time, and they can refuse any hours that are offered (although in reality they never have). The management has told them that they are not employees and hence they cannot have a redundancy payment.

You have been asked whether Dave and Pam are employees and whether they should receive a redundancy payment.

The third issue also relates to community teams. Christina is one of the full-time employees, and she recently joined a trade union. She did this because she is worried about some of the violence that staff members have experienced when working in the community, and she wanted advice and support from an external body. The management was not happy with her doing this and asked her to resign her trade union membership. They were concerned that she would encourage other colleagues to join the trade union, and that this would cause tensions.

She refused to resign her membership and her line manager got angry with her. She lost her temper and told him that he ‘Is a joke – we all laugh at how ineffective you are, and you are damaging this charity. Maybe a trade union could find us a manager that knows how to manage’.

The manager was furious and wants to dismiss Christina for gross misconduct. She has apologized for her outburst but argues that it was just a robust discussion between colleagues. No-one witnessed it, so she does not see it as gross misconduct.

You have been asked whether Christina can be dismissed and whether the management was right to ask her not to join a trade union.

You are an HR Consultant and have been asked to advise the management on the following three questions:

1. Why might the problems have arisen with the management team, and how could they be addressed?
2. Are Dave and Pam employees, and should they receive a redundancy payment?
3. Can Christina be dismissed, and was the management right to ask her not to join a trade union

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