1 Sex discrimination: – Sex discrimination is when someone is discriminated because of what there race is or what the look like or there gender. Lex Transfleet employees both men and women so they don't write things like 'only men apply' on their job adverts. 2 Equal Pay Act 1970:- This act was introduced to make it unlawful to give another employee or employer doing the same job but having a different amount of wage.
Lex pays both men and women equally so they are paid fair according to their responsibilities not their sex. They are also given equal opportunities. 3 Race Relations 1976:- Race relations act is when someone is another colour of because of their religion and is treated in a different way towards others because they look different. Lex Transfleet employee again all races and the advertisements are open to anyone that can carry out the role regardless of their race.
They are also given opportunities for management as well. 4 Disability Discrimination Act 1995:- Disability discrimination is when someone is disabled and are not treated in a well manner against others because they are not capable of doing something because of disability reasons or not given a job because they are disable but still can be capable of doing the job. Lex Transfleet doesn't discriminate against disability as log as they can carry out the role and not put themselves at risk or anyone else.
5 The Employment Rights Act 1996:- Each employee an employer have rights that they expect one an another to do… if those rights were not being done right and no one was to care about the employers or employees rights then that would be wrong against the employers an employees. 6 National Minimum Wage Act 1998:- If the employees an employers were not given the right amount of salary or wage a year or month or week and were given less then that would be taken as a national minimum wage act.
In Lex employee are paid more than the minimum wages so are not breaking the law and meeting this law to meet their employee's expectations to pay them a fair wages. 7 Data Protection Act 1998:- Data act is when a piece of data is given in an should b protected if the data that is given to the employer an employee by others or there own personal data was not being taken care of and been given out 2 others it would be known as a data protection act. 8 Lex Transfleet employees are advised by Lex about what and who are going to use their data and it's all confidential.
Task C2:- Disciplinary procedure:- The disciplinary procedure means when a complaint is taken place against an employer because they are unfair then the managers have to choose from a disciplinary action to be taken and solved. Employees can be sacked from their jobs for gross misconduct if they do something serious… e. g. if they steal from Lex Transfleet or if they are violent. Sickness regulations and Disciplinary procedures in Lex Transfleet is where each member of staff has a form on which is recorded their individual absence record.
This is completed by their Line Manager following every occasion on which the employee has been away from. The manager also has to complete monthly Departmental Attendance records on the company's e-mail system. Where there is a poor record of attendance, the employee is interviewed and asked to provide a satisfactory explanation for the situation. If this is not provided a warning is issued or a sanction is used. If there are lengthy absences by the employee in Lex and if they failed to produce the necessary and the reasons were not genuine then, a counselling interview is held to discuss the issue further.
Then given an opportunity to provide further information. If Lex are still dissatisfied with the information. Other issues where the disciplinary procedure can be taken out by Lex of if the employee is late to work, for example if they are late once then they may just get a verbal warning but if they are late twice they may get a written warning and if they are repeatedly late despite being told off then they can be sacked for gross misconduct.
The Lex policy handbook has the disciplinary procedure in there. The disciplinary procedure in Lex is as follows: 1. They give standards warning letters which are available form HR department and are used in give information on disciplinary actions on employees 2. They give warning for misconduct when the worker in Lex works below the standards which them inefficient. 3. They give out informal warning to the employees when targets are not met and they are written down in the employees file.
4. They give verbal warnings, it is given when the employee is not working right and breaking rules they are give given the warning orally. 5. When the employee is committing an act of gross misconduct they are suspended the suspension is carried out for as long as they need. 6. When an employee breaks the act of gross misconduct which involves theft, dishonesty or fraud these kinds of things would make the company dismiss the employer.
The investigation and the conduct of proceedings relating to misconduct should be dealt with by the managers at departmental management level. Effort should be made of the religion or the location of the manager who may be required to carry out the dismissal action or senior manager who may be required to hear the appeal. Also smaller instances the employees in Lex receive verbal warning for smaller vigilance e. g. being late once; written warnings for repeat offence and dismal for act of Gross misconduct if employee does something serious e.
g. stealing, always being late, being lazy, fraud ect. Grievance Procedure:- The grievance procedure means that if an employee or employer complains about something or someone or think that they are being treated unfairly towards others then the grievance should be handled. Lex Transfleet will try and resolve disputes internally because they want to be efficient and it costs a lot of money. Lex resolves disputes and it depends on the type of dispute and how serious it are, for example, there are different types of disputes.
Disputes can be for various reasons, for example, – less money paid than stated on the contract to the employee, working arrangements are incorrect, bullying, racism and discrimination against race or for example if the employee is being bullied or something like that. initially Lex will try and resolve disputes internally because they want to be efficient and its cost a lot of money if there are a lot of disputes going around and for smaller instances for example problems with machinery, training nor given or problems with other staff can generally be sorted out through the management. Employment Tribunals:-
An employment tribunal is something that is serious an based in a court the employment tribunals listen to two sides of the story's which are both against each other and then they are questioned an proof is all read out an helps to solve the problem then they come to one decision its like if something serious happens between an employer or an employee an the managers cant do nothing about it then it is passed on to something which will resolve the problem an that's where the employment tribunals come in so when everything is sorted its either a fair choice some one gets their job back or looses it in some serious cases in Lex for example if the employee was discriminated against not given a promotion due to her sex e. g. she was a female. Negotiation with Trade Unions or Other Representative Organisations:- If disputes cannot be resolved by managers then it will go to the Trade Union who can help the employee in Lex Transfleet to help them. A Trade Union is an organisation that helps protect and support employees rights and working arrangements and they can negotiate on behalf of the employee, represent them when resolving disputes at Lex, they can also give legal advice to the employee about their rights. They can negotiation on behalf of the employee if they are being treated unfairly by the employer.
They can attend meeting and represent the employee to resolve the disputes that cannot be sorted out by Lex themselves, for example if the employee is being bullied and If this is false then the disputes can be take to an in an industrial Tribunal to resolve the dispute or if the employee was discriminated against and they can go there straight away for example in Lex if an employees safety wasn't met or for example a pregnant woman wasn't given promotion as she was a woman, or an Indian person wasn't called for a promotion. They would resolve the dispute. Arbitration service ACAS:- The ASAC is an advisory conciliation and arbitration service which assists in disputes and disagreements. An arbitrator is someone who listens to both sides of the story and then decides how the problem is going to be solved.
When the problem is solved the ACAS has to make sure that both sides are happy with how the problem is solved the ACAS has to make sure that both sides are happy with the problem is solved. This can be used by Lex or employee before taking it to an employment court. Lex Transfleet and the employee can also use ACAS – Arbitration Conciliation Advisory Service. This can be used by Lex and employees to resolve the dispute in two ways depending on the choice they make. They can try and choose conciliation where they don't have to go with the resolution advised by ACAS and they can choose Arbitration which is a choice whether they have to go with the decision made for resolving the dispute by ACAS.
This is an independent body and so it can be used by companies like Lex to resolves disputes and make fair judgement. The European court of justice:- The European court of justice is when the employer or employee or whoever as he problem with the decision that has yet not been solved by the tribunals then it is passed on to European court of justice and they try to solve the problem also if any other things fail then serious cases can go the EU European Union Court which settles cases which can be to do with for example discrimination. 1. Anna Ford has worked for Lex Transfleet for five years; she has been a good customer service operator but she is getting bullied…
If Anna ford is being bullied then I think that she should be reporting that to the manager, if Anna ford tells the manager then she would be more safer and the manager would have a word with the supervisor that has been bullying her an the manager would be taking some kind of action against it and helping Anna ford. Also trade unions should be involved trade unions are an organisation of workers formed to protect the rights and advance the interests of its members concerning wages, benefits and working conditions. This problem should be resolved within Lex, if not she can go to an industrial tribunal. 2. James Clarke has been working for Lex Transfleet for eight months, he is late at least twice a week and this affects the work of his team…
I advise James Clarke to have a word with the team together an discuss on what should happen in a way gather the team and he should explain why he is late an this lateness will carry on if he lives far then he should ask one of the employers or employees for a lift to work everyday so at least in that way he would be on time an at least someone is helping him or to organise something with the manager an let him sort something out. But if he wanted it to get solved in a proper and appropriate way he should go through the disciplinary procedure. 3. Charlotte Pearce has been working for the company for six years; her performance has always been excellent and she has often been told by her superiors that she should go for a promotion.
Recently a supervisor position was advertised; charlotte applied but did not get the job, despite being the best candidate. She feels that she was discriminated against because she was pregnant… I think that charlotte should this to the industrial tribunal as it is sex discrimination because even though she is a female an she is pregnant and It even counts on how she looks as in she is pregnant even though charlotte is pregnant doesn't mean she cant work I think that charlotte should complain to the head of whoever she applied this job from an complain an explain her reasons. Charlotte is really good at her job the new company can't complain because if they look at her other records from her old job they have no excuse to employer her to be a candidate.
C3 – Explain How The Business (Lex Transfleet) Resolves Disputes. I think there is a very good Woking relationship between Lex and its employees because of how the rules are put out in a good understanding way so it's easy to understand how Lex Transfleet employers and employees have to be well mannered with each other and their customers. Lex Transfleet makes sure that everyone of its employees are satisfied with their job and if they are not satisfied they are more than free to go ahead and complain and then Lex Transfleet would sort it out an organise something for the employee to be happy with the way they are working and who they are working with.
There is good evidence for a good working relationship between Lex Transfleet and the employees as they have contract of employment and also give you lots of training especially health and safety training. Lex Transfleet allows the employees to learn new skills and be more experienced and make them more efficient by giving them lots of training. Lex Transfleet also has a supervisor around at all times so that the employees don't have to worry if they need help because s supervisor is always around to help them. The terms and conditions are always helping the employee to know what are the rules and regulations. The relationship between Lex and its employees could be described as a reasonable relationship because they have RAC policies and the longer the employee works they will be given sick pay or a longer holiday.
When the employees are over the age of 65 they will be allowed to join a pension scheme and could also join the trade union there's lots of things that an employee or a employer can do that improves the relationship between both Lex and employees because Lex Transfleet always makes the employees feel more comfortable and wanted to the business and are always reasonable. The employers have a good relationship with the employer it is the disciplinary and the grievance procedures that are in place which every employee a handbook with the details in it so disputes can be resolved quick. Lex Transfleet support the law on working hours therefore the employer does not have to work more than 48 hours per week.
This is good because if an employee feels that they are too busy and do not have any time to work extra hours, they do not have to explain themselves to their manager or employer, they simply do not work the extra hours. This helps the employee stay on good terms with the employer because they are not doing anything. D1- Recruitments & Selection Recruitment and selection is the process of finding the right person to do a particular job in an organisation. The recruitment and selection process starts of with identifying the job needed and then a job description with what the job involves, and what are the roles and responsibilities.
Then it needs to find out about the persons specifications e. g.what type of person they want and there and qualifications, then the job is advertised to newspapers and the internet and some of the job centres. When people see the job advertisements and are interested then people ask for details and application forms. When the applications form have been sent they check and see which people are the ones that are suitable and reduce the number of applicants to those that are most suitable to be interviewed, the people who are suitable for the job are then interviewed and asked questions face to face. They then choose a person who is the most suitable person for the job and contact the successful person either by letter or telephone and let them know that they are suitable for the job and when they should start.