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Paul (Keith supervisor) complained to the production manager (Shell Mali) about Keith attitude without involving Keith. Shell has never seen Keith doing anything that appeared to be unacceptable in the CATV and Keith has never been formally disciplined at work. Cohoes did not investigate the case but tell Paul to grow-up. Sock the victim Of one Of Keith practical jokes undid the screw from the kitchen units that Keith assembled, which lead to the collapse of the kitchen unit and fall of Keith who was leaning to it. Everyone stop working and start to laugh. Paul approaches them and angrily shouted Keith.
He did not wait for the response from other employee of what causes Keith to fall he just requested Keith to go to his office “……. 10 minutes on your own. “Keith was not given time to prepare for the meeting ,the meeting was informal, it lasted a short time and he was not talking in a professional way “.. This is the last straw, you ‘eve done it this time , you will never change you toothiest was not given time to explain what happened . Keith lodged a subsequent appeal against dismissal. He was not afforded the opportunity to ask any questionpresent any evidence and was not accompanied by anyone.
The meeting was heard by Shell on his own. Shell read out a pre- prepared statement and Keith was dismissed. FINDINGS Keith was one of the workers in the best kitchen as it was evidenced in the scenario that he was able to sign a contract confirming his terms and conditions, in the event of the worker being unable Linking to perform the services personally, he shall arrange at his own expense entirely, for another suitable person to perform the service. He receive weekly salary, tax was deducted directly from his salary. He is a fulfillment worked 8 ours) Monday -Friday.
Working ours per week, Company is paying for his staff boots and overalls, receive benefits and given a task to perform. According to employment Right Act 1 996,SASS -A Worker is an individual working under a contract, who performs the work personally, is not undertaking the work as part of their own business, receive a minimum period of paid holiday(annual leave),receive the national Minimum wage, not work more than 2 days on average per week, protected against unlawful discrimination and protected against unlawful deduction from wages.
The bob was tedious, which results to boredom that is the reason why Keith engaged in Horseplay. Paul did not take the right procedure of confronting Keith he just talked to Shell Mali(about the attitude Of Keith)without involving Keith . Shell did not take the right procedure for conforming the truth from both of the (Keith and Paul) by calling them both. According to the Dictionary Horse play is defined as boisterous fooling around, or rough play. According to the Disciplinary and grievance procedure of ACS Code of practice”the facts of the case should be investigated by the employer first. Ere in the scenario investigation was not carried out. According to ACS Code of practice” employers should notify employees of any problems and give them an opportunity to respond before and decisions are made. “Paul should have called Keith and talk to him to investigate his problem before going to Shell. Sock the victim of one of the Keith practical Jokes , undid the screws from the kitchen units that Keith assembled, which lead to the collapse of the kitchen unit and fall of Keith. Everyone stop working and start to laugh at Keith.
Paul become angry and shouted at Keith without waiting for he respond, he requested Keith to go to his office 1 Minutes on your own”. Keith was not given the time to prepare for the meeting. The meeting was informal . At lasted a short time and was not talking in a professional way, Keith was not given time to explain and was ordered to go and leave the office. According to best kitchen staff handbook grievance procedure-“no disciplinary action will be taken until the matter has been fully investigated and also employees will be informed of any allegations against them at least 3 days before any formal disciplinary meeting is held.
But in the Scenario Paul did not wait to hear Keith story and Keith was not given time to prepare for the meeting. According to Disciplinary procedure (ACS)-“Employers should inform employees of the problem give them an opportunity to explain their cases before any decisions are made. It also state that workers have statutory right to be accompanied at the meeting. “But here in the scenario Keith was not allowed to come with anyone. Paul just shouted”…. My office 10 minutes on your own. ” Keith lodged a subsequent appeal against the dismissal.
He was not afforded the opportunity to ask any questions present any evidence, and was not accompanied. The meeting was heard by Shell on his own. Shell read out a pre- prepared statement and Keith was dismissed. According to best kitchen Disciplinary procedure”at final stage only, employees will have the opportunity to state their case and be represented, if they wish, at the hearing by a fellow worker where deemed appropriate. “But in the scenario Keith was not accompanied by any fellow worker at the appeal and it was held by Shell Mali on his own.
Also Keith was not given the opportunity to explain Engine any evidence. It also state that “no employee will be dismissed for a first breach of discipline except in the case of gross misconduct. In the scenario Keith was not involved in gross misconduct he was supposed to be given oral warning which was not done then later written warning if he continue. According to Employment law (2000) “The employer must stout in writing the employee’s alleged circumstances ,which lead him to contemplate dismissing aking disciplinary action against the employees. In the Scenario there were not written down. According to ACS Code of practice “Employer should allow an employee to appeal against any formal decision made. “Case Ridged Baldwin(1 964) AC 40 where the Brighton police authority dismissed its chief authority Charles Ridge without offering him an opportunity to defend his actions. The House of the Lords held that Baldwin ‘committee has violated the doctrine of natural justice, overturning the principle outlined by the Denouement Committee thirty years before that the doctrine of natural justice could not be applied to administrative justice.
CONCLUSIONS Looking at all the findings and what best kitchen grievance procedure, ACS, employment law says . It shows that there was a wrongful dismissal in the scenario. Wrongful dismissal means that the right procedure was not taken into consideration. According to ACS Code of conduct disciplinary and Grievance procedure”the right to dismiss should only be taken by a manager who has the authority to do so, but in the scenario Keith was dismissed by the wrong person who is Paul.
According to best kitchen Disciplinary procedure “at final stage only, employees will have the opportunity to state their case and be represented, if they wish, at the hearing by a fellow worker where deemed appropriate. But in the scenario Keith was not afford that opportunity. Like in the case of Ridge Baldwin (1940) AC”The Brighton police authority dismissed its chief constable (Charles Ridge) without offering him an opportunity to defend his action”.
RECOMMENDATIONS In the light of the above findings recommend that; The manager must make the job more interesting by introduction of subornation, job enrichment and empowerment. Make the decisions based on solid facts rather than assumptions. To monitor the performance of the employees Benchmark Disciplinary committeeshould have a representative committee Strong dervish with all management levels in order to come-up with decisions that will satisfy all the stakeholders in the workplace. Would have health and safety policy signed by both employer and employees reinforce the Emory standard policy careful documentation and keep records on each employees including formal performance appraisal, informal warning ,comments and these should be prepared by a supervisor to demonstrate the employee’s poor workmisconduct and these records will evidence to support that there was a valid reason for termination. The reviewer should take time to confront the employees and hear his side of story prior to making the final dismissal decisions.
Ensure quality of customer service which can show the gap for training. SCENARIO 2 Michael Jobbing was a worker at best kitchen . He was labeled as unreliable worker because of his frequency absenteeism from work. (he had 6 periods of illness each of approximately 1-2 weeks cause disruption to other sales representatives, who has to cover his work. Michael did not call will in time to inform the manager but called in the afternoon. He did not fit in the organization culture and kept himself to himself nobody knows much bout his home life.
Michael did not consulted his manager (Farad)about his situation but wait for the manager to call him and tell him that his job is under threat that is when he blurted out and tell the manager that she had been that he has been in a man ‘s body for years , when he should be a woman . “Michael intends to undertake gender re-assignment over the coming 1-arrears. He intends to change the name to Michelle Jobbing, be the first representative in the commercial division at best kitchen.
He wish to change the uniform, start living like a female for some months before the IANAL stage of treatment can occur. Treatments will need significant time-off for period of treatment and recuperation. They need to build toilet downstairs, not sure how people will react to her after she undertake gender re-assignment. Findings Michael Jobbing was a worker at best kitchen -He was labeled as unreliable illness each of approximately 1-2 weeks duration),which cause disruption to will in time to inform the manager but called in the afternoon to inform the manager about his absence.
According to Best kitchen staff handbook” all staff who are unable to attend work because of illness must telephone into heir department and speak to their to their line manager by no later than 10. 00 am on the first morning of illness”in the scenario Michael failed to follow this procedure but he rather wait and call during the afternoon. Similar to the case of Herman V Flexible Lamps Miss Herman was employed as a control inspector from October 1977 until May 1979. N 1978,she was off sick for a total of 13 weeks. On 16. 2. 79,she was away from work ill and stayed away until 12 March, she was sent home with abdominal pains and was away for the rest of March and the whole of April. On 30 April, a further medical certificate was sent. On 3 May ,a letter was sent by the company stating that as there was no indication that Miss Herman would be able to return to work in the foreseeable future, her termination was being considered.
On 8 May ,Miss Herman and her mother met with the company’s personnel Manager At the meeting She was given the letter which stated that it would be assumed that she had left the company’s employ and that she would be given one week’s wages in lieu of notice . “According to ACS code of practice on disciplinary and grievance procedure”employees and employers should raise and deal with sues promptly and should not unreasonably delay meetings, declassification’s of those decisions . Like what Farad has done.
He did not fit in the organizational culture he kept himself to himself nobody knows about his home life. According to ACS Code of practice on Disciplinary and Grievance procedure “It is important out to carry out necessary investigations of potential disciplinary matters without unreasonable delay to establish the facts of the case”Farad should have investigated why Michael did not meddle with others colleagues. According to Best Kitchen disciplinary procedure “The capillary procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues”.
Michael did not consult his manager (Farad) about his situation but wait for the manager to call him that when he tell Farad that he has been in man’s body for years, when he should be a woman. According to Best kitchen grievance procedure “… The guiding principle of this procedure is that issues should be resolved as near their point of origin as possible and as soon as possible” In this scenario the manager did the correct thing to ask Michael about his absenteeism before it goes out of hand.
According to ACS Code of practice on disciplinary and grievance procedure “the employer should hold the meetings with the employee to discuss the problem. Farad also manage to follow this procedure. According to ACS Code of practice on disciplinary and grievance procedure “where the employee is found to be performing unsatisfactorily it is usual recommended giving the employee a written warning. Michael intends to undertake gender re-assignment over the coming 1-2 years. He intends to change the name to Michelle Jobbing be the first sale representative in a commercial division at best kitchen.
He intends to change the name to Michelle Jobbing be the first sale representative in the commercial division at best kitchen. He wish to change the uniform ,start living like a female for some months before the final stage of treatment and recuperation . According to ACS Gender re-assignment is a personal, social ,and sometimes medical process by which a person’s gender presentation (the way they appear to others) is changed. According to Oxford Dictionary Gender re-assignment is the process whereby a person’s physical sexual characteristics are changed by means of medical procedure such as surgery r hormone treatment.
Like in the case of European Court of Human Rights in the case of Reese VS. UK , 1986. Brenda Margaret Reese at birth she possessed all the physical and biological characteristics off child of a female sex and was consequently recorded I n the register of birth as a female. However ,from a tender age the child started to exhibit masculine behavior and was ambiguous in the appearance . An 1970,after learning that a transsexual state was a medically recognized condition, she bought treatment .
She was prescribed methyl testosterone and started o develop secondary male characteristics , IN September 1971 he changed his name to Brenda Mark Reese and subsequently ,in September 1977 to Mark Nicholas Albany Reese . He had been living as male ever since . Surgical treatment for physical sexual conversion began in May 1974 with a bilateral mastectomy and led to the removal of feminine external characteristics. According to Domestic law and practice medical treatment, in UK sexual reassignment operations are permitted without legal formalities. The operations and treatment may ,as in the Case of Mr..
Reese,be carried out under the National Health Service and change of Names ;under English law a person is entitled to adopt such first names Meanness as he she wishes and to use these new name without restrictions formalities. CONCLUSION Farads should not dismissed Michael, Because Michael will claim for cross transsexual discrimination in the workplace according to section 7 of 20″ equity Act 201 0 makes it lawful for an employer to discriminate against employees because of gender reassignment. Anyone who proposed to, Shah completed process to change his or her gender is protected under Equality Act.
It is discrimination to treat transsexual people less favor or being absent from work because they propose to change to under ,are undergoinghave undergone gender reassignment than they were they were absent for some other reasons RECOMMENDED Farad has to provide a temporary replacement for Michael Change everything to Michelle new identity-Provide her with a new UN and a tag to symbolized that her name has been change to Michelle NC that clients can also see that she had change her name, Change her in the company directories records and work pass.
Build toilet for Much downstairs and provide her with sanitary bins Hire a counselor to talk Michelle about her situation so that she can accept herself and gain confident. Hold the meeting with other colleagues so that they can understand Michelle and avoid confusion around them. Inform the cline about Michelle situation so that confusion should not be there and so t they can meddle with her like before.