Employment law (EML) assessment activity 1 template

TUPE due diligence – briefing document

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Introduction
It is paramount for every employer to be aware and to uphold the laid down
employment regulations. The main reason behind this is to ensure that all the
employees in the organization are treated fairly irrespective of their positions (Davies,
2017). These regulations also provide guidance on the relationships between
employees and the employers. This has been the norm in many organizations
including Hell’s Kitchen which is a hotel franchise looking forward to expanding
through taking over a chain of hotels known as Zuzu Newcastle. Managers at Hell’s
have been applying an assortment of regulation to deal with employees’ welfare some
of which are not applied at Zuzu. This has directly resulted to a better management
system for all the stakeholders at Hell’s compared to what has been going on at
Zuzu’s. Because of this primary purpose, it is important to understand the main
objectives and aims of employment regulations.
1.1 The aims and objectives of employment regulations
The aims and objectives of employment regulation includes:
To Enforce Social justice
This is one of the primary objectives of the employment regulations primarily because
all the employees need to feel alright while at work. Without social justice there are
employees who will feel left out mainly because of their backgrounds or believes.
Social justice give all the employees equal chances to make their contribution towards
the growth of their organizations. The employees with certain set of skills are given
the necessary opportunities to put their skills into practice. This objective of

CIPD Level 5 HR EML assessment activity 1 template v1.0

 employment regulation aims at providing open dialogue platforms where employees
can raise different issues without fear of being victimized. This contributes a lot
towards giving employees the sense of being free and well taken care of when they
are working.
To Facilitate Fairness
Employment regulations also plays an integral role in ensuring that their fairness in
different organizations. This aspect of fairness cuts on both sides where both the
employees are treated fairly in all their undertaking. The aspect primarily leans more
on the side of employees because they are the ones who are more venerable to being
intimidated by their employers. Fairness includes being given opportunities to give
one’s side of the story whenever there is a problem. This objective of employment
regulation aims at facilitating a working environment where there is optimum fairness
the productivity and motivation of the employees is usually high.
To Harness a better Economic environment for the business
The employment regulations have an objective to make sure that there is good
economic environment for both the employers and employees to thrive. Through this
objective, employment regulations aims to assure that employees benefit from the
salaries they get where they are able to dial with different financial obligations. On the
other hand, the employers need to be in a position to remunerate employees fairly and
still be able to make profits. It is not logical to put in place regulations which will
prevent the employers from being able to pay their employees. With too many
regulations it might become impossible for people to hire people and this will have a
negative impact (Roper & Higgins, 2016).
1.2. The role played by the tribunal and courts system in enforcing employment
law
This section outlines how employment law is enforced through the tribunal and courts
system. According to Yeandle, (2017) the tribunal and court system mainly plays the
role of arbitrator whenever there is an issue involving the employers and employees.
This is helpful especially for the employees who are treated unfairly by their
employers. If an employee feels aggrieved by something that was either done by the
employer or fellow employee, the system will listen the issue and offer a solution.
Employees can take issues such as unfair dismissal, reduction in wages, harassment
and discrimination among other similar issues.

CIPD Level 5 HR EML assessment activity 1 template v1.0

 Another important role of the tribunal and courts system is making sure that
organizations follow the stipulated laws. There are companies which would rather
take shortcuts to achieve their objectives instead of following the regulations. Such
companies can be punished in different ways including fines and closures to set
examples.
The system does regular checks on different companies to make sure that they are
following the regulations. This is especially the organizations whose employees might
not be able to file complaints with the system.
3.3 The main requirements of the law in business transfer
Advise Peter on the main provisions of TUPE and how and why it protects
employees.
(3.3)
This section advices Peter on the main Provisions of TUPE and how and why it
protects employess. When a business is changing its ownership, there are certain
conditions and laws which need to be followed (Yeandle, 2017). The business might
have been bought by other owners, being taken over because of unpaid loans,
inheritance or merging with another business among other reasons. For the transfer to
be effective legally, a number of steps and requirements need to be put in place.
Without these requirements, the transfer won’t be legal even if the management has
changed. Here are the main requirements as stipulated by this law;
 The transfer agreement should be written down and signed by all the parties
involved.
 There should be a clear reason why the transfer is happening.
 The transfer documents should show the likely changes after the business has
been transferred so that the employees can have assurance regarding their jobs.
 All tax compliant documents should be availed.
 There should be a specified date when the transfer will happen.
 The people doing the transfer should have legal ability to do the transfer
without breaking any law.
I suggest you find a way to introduce this subtopics but I think the content
here is fine no need to delete any. Just you find a way to introduce this
subtopics
How it protects employees
Why it protects employees

CIPD Level 5 HR EML assessment activity 1 template v1.0

 Peter Palmer who is the Operational Manager at Hell’s Kitchen should be well
conversant with all the laws before engaging with Zuzu’s. Understanding the
provisions of TUPE are also helpful because they protect employees by making sure
their affairs are dealt with in a fair manner. Peter need to understand the issues
regarding business transfer where he should not contravene any laws in taking over of
Zuzu’s. Another important aspect he needs to understand is services transfer where
Hell’s should inherit all the services in a smooth transition which will not affect any
of the employees negatively.

Risks to Hell’s Kitchen

2.1 The main principles of discrimination law in recruitment and selection in

employment
The links below can help you state the principles clearly.. Can you use the terms
like…the first principle…..the next principle….
Zuzu’s Newcastle case as u have tried…
https://www.nottingham.ac.uk/hr/equality-diversity/equality-law/equality-act/key-
principles-of-equality-law-.aspx

https://employmenttribunal.claims/employment-law/discrimination/discrimination-
law-general-principles/

Each and every qualified person deserves a chance to be hired provided the person has
met the necessary conditions. But there are instances of discrimination when it comes
to hiring employees and these issues are classified in different categories as per the
principle of discrimination law in recruitment. Section 5 of the employment act
prohibits employers from discriminating their employees based on issues such as
gender or age. The fact that Zuzu’s did not have a HR manager for two years allowed
discrimination to happen.
Discrimination can either be direct or indirect. Direct discrimination is where an
employee is denied something like a promotion or a transfer because he or she has
certain qualities. Such an employee is discriminated personally and it can significantly
reduce the morale of such employee. In direct discrimination on the other hand is

CIPD Level 5 HR EML assessment activity 1 template v1.0

 where an organization does not provide certain amenities in certain departments
because people with certain qualities work there. A good example is when only certain
departments are provided with state of the art safety amenities while certain
departments are denied.

Explain how discrimination can come into recruitment and selection activities and in
General employment. (2.1)
Apply this to the recruitment and selection practice and performance management of
Bernard Reader in Zuzu’s Newcastle, making reference to applicable case law.

Here is how discrimination can come into recruitment and selection activities and in
General employment. Please can u modify to answer the question HOW
discrimination can come into recruitment and selection activities and in General
employment ……? Through these discussion e.g. direct discrimination can occur in
selection and recruitment when the organization posts joss targeting a particular
religion and phasing out other…it can occur in total employment when organization
prefare employee of certain faith to other like Arabian may prefer Muslims….…just
one or two sentence…try modifying your discussion just a bit plz.
Try citing Zuzu’s Newcastle case…
1. Gender

There are certain jobs which are perceived to be best done by people of a certain
gender. These include manual jobs which are considered to be jobs which can best be
done by men. But the labor law stipulates that a person of any gender can do any job
provided the particular person has the necessary qualifications. A company that does
not offer certain jobs to people of a certain gender is practicing discrimination which
is unethical.
2. Race

Sometimes it might be advisable to hire employees of certain races depending on the

target markets. This means that if the company is targeting a market made up of
people from a certain race, it can hire more people who will understand the race in
question. But an applicant should not be denied an opportunity just because of
belonging to a certain race (Ljungholm, 2018). The labor and civil right laws

CIPD Level 5 HR EML assessment activity 1 template v1.0

 stipulates that a person of any race can be employed in any role provided the person
has met the outlined requirements.
3. Age

The age of a person should not be a major issue when hiring new employees. This is
especially considering that there are younger employees who are more qualified that
the more experienced employees. Younger employees are endowed with modern skills
on how to do different things and this can be very beneficial to any organization. This
also applies to refusing to hire an older person the way Zulu’s did.
4. Religion

It is also unethical for an employer to discriminate potential employees because of

religious reasons. The law stipulates that an employee who practices any religion has
the right to be hired provided he or she is qualified and religion does not interfere with
his or her duties. This is an important right especially in places where there are people
who practice different religions.
2.2 How contracts of employment are established
Employment law is founded on contract law. A contract of employment exists between
two parties, the employer and the employee. The employee agrees to work for an
employer and, in return the employer agrees to pay the employee. If either party
breaches this agreement, the other party may make a claim for breach of contract.
Contract law dictates that, in order to create a legally enforceable employment contract,
the following elements must be present:

 offer
 acceptance
 intention to create legal relations
 consideration
 Certainty as to terms.

Please see,
1. First you need to do general process of coming up with employee contracts, I
have copy and pasted above..u just need to paraphrase and add short
explanations to the bulleted steps or point
2. Second now introduce how the contractual terms and conditions of staff
employed at Zuzu’s in the last 2 years have come about
3. Last Advise what should be done to firm up the arrangements and what should
be included in any documentation making reference to appropriate Statute.

CIPD Level 5 HR EML assessment activity 1 template v1.0

 You need to modify your discussions to those sub tops / paragraphs references.
Plz reference to appropriate Statute is key

It as required that every employee signs an employment contract while commencing

employment in an organization. The contract gives a breakdown of the terms and
conditions of the employment as stated by Davies, (2017) in his work. In case the
employee or the employer breaches the terms of the contract, the issue can be taken
into a labor court. The contract is especially useful for professional employment
where employees are to use their skills to perform certain set of duties. Casual
employees who are employed for short periods might not require the contracts
especially if they are doing just manual duties.
For the contract of employment to be established, there must be an agreement
between the employee and the employer. Most employees apply for different jobs
while knowing what is required of them by their employers. But there are certain fine
details which require to be discussed before the employment can commence.
Sometimes it might even be necessary to have legal representation so as to explain
various legal details.
At Zulu’s there were no contracts for the employees for the last two years since there
was no HR manager. Even the contracts of the employees who had been hired when
there was a HR manager had not updated their contracts. Section 1 of the contract law
stipulates how the contracts of the employee who did not have formal contracts
should be formulated. It is also important to consider the culture of the organization
where the employees did not have contracts. The culture and practices will provide
guidelines on how the contracts will be formulated. Furthermore, consultation is
paramount when coming up with the contracts so that everyone can give his or her
opinions.
1.3 How cases are settled before and during formal legal procedures

Explain the process to follow to broach a settlement agreement with Mike. If Mike
does not accept the agreement and later claims constructive dismissal, outline the
circumstances in which a settlement agreement can be a useful option during an
employment tribunal process. (1.3)
Formal legal procedures take place from time to time whenever there are grievances
between the employers and employees. There are officials who are responsible of

CIPD Level 5 HR EML assessment activity 1 template v1.0

 ensuring that the procedures are according to the set laws and everyone involved gets
a fair hearing (Smith, 2019). This is achieved through following a set of steps.
Step 1
The very first step is the aggrieved party to present a complaint. In most cases,
employees are the ones who take complaints. But even the employers can present
grievances in case there is something that is beyond their control.
Step 2
After the complaints are presented, the officers involved goes through the complaints
with an objective of deciding how to proceed. There are some minor complaints
which can be resolved within a short time. There are also major complaints which
require more time to deliberate.
Step 3
After understanding the nature of the complaints, the officials summon the
complainant and the other stake holders to inform them on how the complaints will be
handled. The stakeholders summoned are enlightened about the various laws
involved and the best ways of solving the issues.
Step 4
After everyone involved is informed about the various issues and how they are to be
resolved, a hearing date is set. This is the date when the parties involved will present
their cases according to how they have been aggrieved. The parties involved might be
required to attend various hearings until their cases are resolved.
Step 5
Step five involves the judges and officials dealing with the issues presented to come
up with rulings. This is done according to the set regulations and laws (Clark, 2019).
If there is a party that feels that the ruling was not fair, there are always chances of
appeals. These include reviewing the laid out issues again to make sure that the final
rulings are fair and legal in all aspects.
Can you modify this lower section to directly strike this?
Outline the circumstances in which a settlement agreement can be a useful option
during an employment tribunal process
You can use terms likes…… a settlement agreement can be a useful option during an
employment tribunal process in circumstances where….

CIPD Level 5 HR EML assessment activity 1 template v1.0

 In case an employee refuses the settlement agreement, the employer can take further
legal action by producing more evidence showing the reason why the employee is
being let go. At Hell’s Mike is being let go because of being unable to perform his
duties. If he refuses the settlement agreement presented, he can then be compelled by
the labor court or the settlement can be adjusted. When such cases happen, it is
important for the organization to consider the ‘without prejudice’ section of the law. It
is also important to acknowledge that other such cases can happen in the future and as
a result, always be prepared.

Recommended Actions

3.1 How contracts can be changed lawfully

Sometimes it might be necessary to change certain aspects of the employment
contracts. The important thing is to make sure that the changes are recognized by the
law and therefore are fully legal. The RUPE provision allows an employer to provide
ETO’s reasons to change the contract legally. These reasons include;
Economical reason
This is when an organization is economically unable to honor the contracts it entered
with its employees. If the organization has not been doing well financially, it might
not have enough resources to pay high salaries to the employees. This will require a
deduction in wages and it can only be enforced through changing the contracts.
Technical reason
Technical issues can also result to a change in the original contracts and this is
allowed by the RUPE provision. The employer can cite issues such additional use of
technology which has resulted to some employees having fewer roles. All what is
needed is to make sure that the technical issues are genuine and admissible.
Organization
If the company decides to change its structure of management, some of the employees
will be affected where their roles might be reduced or increased. The changes need to
be reflected through changing the original contracts. Employers just need to inform
the employees so that the changes can be mutual.
A good example of changing the contracts legally is where Hell’s pays its employees
as the month ends unlike Zulu’s which pays its employees on the 15 th. The changes
mainly affect the managers at the top who are transferred. There two ways that the

CIPD Level 5 HR EML assessment activity 1 template v1.0

 changes can be done which include discussing with the employs or making the
changes without necessarily informing the employees. In case the changes are made
without informing the employees, there should be incentives such as breach loans to
let the employees withstand the changes. Sometimes the employees might resist the
changes and this requires the legal procedure of terminating old contacts to be
followed so the employees can be issued with new contracts based on new statutes.
Also explain how the changes might be made without an employee’s agreement.
Can you use direct wording like……the changes might be made without an
employee’s agreement when/through/by/durin/by use of…. Just a little modification
on this last past
3.2 The main requirements of redundancy law
The redundancy law requires that employees must be given sufficient notice whenever
there are significant changes happening in the organization (Clark, 2019). These
include in case the organization is planning to shutdown, relocate or lay off some
employees. The notice is meant to prepare the employees with enough time to
understand the changes or look for employment somewhere else. This law keeps on
changing from time to time depending on the organization and the working
environment. Despite the regular changes, there are some fundamental requirements
that are required for the law to be effective.
 An employee who has been working for an organization for more than twelve
years needs to be given a twelve week notice before the planned changes.
 An employee who has been working for an organization for more than two
months require to be giving a minimum of two weeks’ notice.
 The employee employed for more than two years needs to be given notices
which are equivalent to the number of years they have been working for the
company. This means that an employee who has been in the company for five
years needs a five week notice and the one who has been in the organization
for seven years needs a seven weeks’ notice.

For fair redundancy at the Zuzu’s it is important to tell all the employees. This will
make them understand the changes and be ready. The redundancy law should also
deal with survival aspect for the employees who see their colleagues leaving. Any
employee who sees a close colleague being fired will for sure experience some
psychological impact which should be considered by this law. A plan of action is

CIPD Level 5 HR EML assessment activity 1 template v1.0

 needed here read this: a plan of action for Hell’s Kitchen to follow to ensure a
fair and compliant redundancy process for the duplicated head office roles.

I expect
A plan of action for Hell’s Kitchen to follow to ensure a fair and compliant
redundancy process for the duplicated head office roles is shown below/will
involve/entail/ has the following steps e.t.c plz Google Examples of Redundancy
Plan for an organization, modify and use it here
References

Clark, I. (2019). Informalisation in Work and Employment: A Permissive Visibility or

Another (Hidden) Inequality?. In Inequality and Organizational Practice (pp.
199 219). Palgrave Macmillan, Cham.
Davies, J. (2017). CIPD's profession for the future project and its implications for the
HRD curriculum in UK universities.
Ljungholm, D. P. (2018). Employee–employer relationships in the gig economy:
harmonizing and consolidating labor regulations and safety nets.
Contemporary Readings in Law and Social Justice, 10(1), 144-150.
Roper, I., & Higgins, P. (2016). What most makes HR a profession? The difference of
views at national and organisational levels.
Smith, A. (2019). Introduction to Review Articles on ‘Good work: the Taylor Review
of modern working practices’, introduction by Andrew Smith. New
Technology, Work and Employment, 34(2), 91-94.
Yeandle, D. (2017). An employers’ organisation perspective. Adding Value Through
Information and Consultation, 29.

CIPD Level 5 HR EML assessment activity 1 template v1.0