Human resource coursework

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Legal Implications in Human Resource Management

Case of Schwartz Group

Zeeshan Ahmed

K1820578

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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

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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

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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:

 initiate and receive projects,

 evaluate them individually using Kaizen method of quality assurance and/

 Use Scrum methods or Kanban to effectively measure time against productivity

 compare them to make the actual selection.

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

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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

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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

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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.

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Noe, R., Hollenbeck, J., Gerhart, B. & Wright, P., 2017. Human resource management: Gaining a competitive advantage. New York, NY: McGraw-Hill Education..

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