Tupe due diligence Case Solution
Paternity, Maternity and family-friendly employee rights
Paternity and maternity are leaves given to both mother and father to give some time to their new born baby or adopted one. Since, these leaves were applicable to mothers in initially but now leaves are also given to fathers as well. On the other hand, company also provide the work-life balance by enabling employees flexible working hours to employees so they could meet with daily life activities including family and friends.
Transfer of undertakings (protection of employment) regulations (TUPE) refers to the regulation applied when there is a takeover of the business by a company. Meanwhile, the law states that transfer, or acquisition of the business also transfers the employees from the old employer to the new employer over the same terms and conditions until and unless the employment contracts has been revised, but the basic rights of the employees would remain same.
Meantime, the legislation protects the employee’s right and most importantly the rights of employment. Because, it is anticipated that new employer might be interested in continuing with the same employees without any legal reason, so new employer might fire them. Therefore, this legislation protects the employees’ rights. it can be determined that UK contracts of employments should be established based on clarities, and aforementioned information about the job specifications, working hours, and pay scale as well .This would help to avoid future contractual disputes.
Risks to Hell’s Kitchen
Discrimination in recruitment, selection and employment
The discrimination refers to treating different people on the different grounds with selected characteristics such as age, gender, race, and religion. Similarly, it can be determined that it is against the law, unjust and unlawful, because it is like prejudicial treatment with the people with characteristics. Furthermore, the recruitment and selection process is also protected by the law with the protected characteristics on which an employer cannot discriminate against any person falling the given protected characteristics such as age, gender, marriage and civil partnership, maternity and pregnancy, sex and sexual orientation, race, color and religion or belief.
Similarly, the employers might discriminate in the process of recruitment and selection against the women, over age, disability, religion and language or race as well. Meanwhile, dropping any candidate due to their protected characteristic is pure discrimination. Indeed, rights of the employees are protected by the law. Meanwhile, the increasing complication and complexities has been fueled by the legislations and laws. However, the rules are to support not to bother. Similarly, the Hell’s kitchen should apply all these laws in the newly acquiring restaurant.
Indeed, it is also important for the Hell’s kitchen to know that along with the Zuzu’s kitchen the Hell’s kitchen would also have to accept the employees, their rights, and liabilities as well. It cannot step back, because employees’ rights are protected. On the other hand, the strategic performance management refers to the management of human capital in the organization and applying the concepts of the performance management in the organization to retain the human capital is important for the company for many reasons. Because, the employees are the internal customers of the company and are needed to be satisfied with high priority.
The HR manager of the Zuzu’s had left the organization around two years back. Meanwhile, no HR manager has yet been selected to control the organization manpower. However, no legal documentation has been maintained since two years. The old employees selected by the previous HR manager were given the employment contract, indeed these contracts has not been updated since then. On the other hand, it can be determined that also the new employees have not been given the contracts yet. Also, the complete structure of the human resource management has not been performed yet since the last manager left the job.
Itis important for the Hell’s management to take appropriate steps in managing the human resources of Zuzu’s employees. Similarly, it can be determined that Zuzu’s organization has no proper record of the employees since the contracts of the new employees have not yet issued and the contract of the new employees has not been updated from past two years. Therefore, Hell’s kitchen should focus on the proper documentation of the human resources and also apply performance and management appraisal. Because, the increasing legislations has emphasized over the implementation of the recruitment and selection process.
The increasing complications in the human resources management are due to the proposed legislations to protect the human rights in the organization. Because, the violation of the human rights specifically labor rights were exploited by the companies. Therefore, the legislations protect these rights with the legal procedures. Similarly, when a company is acquired the employee’s employment is also protected with legislations. In the meantime, the transfer of business, or selling of the business also transfers the liability of the employees to the company that is acquiring the existing company………………
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