December 2018

Enzymatic Limited is a UK company owned by a Professor, the University of Womble and a venture capital firm, Vintage Capital, as per the exercise we undertook in the module. The shareholding is: 30%, 30% (professor and University) and 40%Vintage. It now has a patented technology which can transform 70 % of the corn into LCE (see the module note).

 

It wants to expand by purchasing a French biofuel manufacturer with specific knowledge of second generation biodiesel to complement its second generation bioethanol capability. The rational for the deal is that oil companies who are the main customers for biofuel producers need both bioethanol and biodiesel as substitutes respectively for petrol and diesel.

 

Enzymatic is in advanced negotiations with Normale-Huile, a private French company which is similarly a university spin out (owned by ae French research institute, the Ecole Normale, a Professor Rene Dubois and an investment firm, Leclerc). The Sellers jointly own certain patents for the development of biodiesel from algae. The algae is genetically modified by the technology contained in a patent to produce a substance similar to biodiesel which patent-protected chemicals then transform to biodiesel. The intention is that the Sellers and the Buyers transfer to a new entity (Newco) based in the UK some or all of their relevant IP rights to Newco.

 

Critically analyse how the following issues may affect the commercial success of the above transactions and critically analyse how law, legal processes or contractual obligations would, if at all, mitigate those commercial risks:

The acquisition process (40% of the marks)

1. The sources and nature of the legal advice that would be sought and in relation to what issues, and the related issues of ‘Law and Jurisdiction’.
2. Consideration should also be given to the business structures of the new company that will be formed in the UK. A discussion of the different business structures is needed. (questions ii and iii together 20% of the marks).
3. Image the IP was being licensed to Newco, is not transferred as above, what issue would this raise? (40% of the marks)

 

 

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Describe and contrast the causes, diagnosis, assessment, aetiology and treatment of several psychological disorders. Your answer must include biological, cognitive and social perspectives.

 

Guidance

In this essay, you need to consider what we know about the prevalence, causes, diagnosis and assessment of two or more disorders, including the role that individual differences play in each of these areas. In order to do achieve a higher mark in this essay you should draw comparisons from across the course to evaluate where similarities and differences appear in the process of diagnosis and treatment for these disorders. You should take an evaluative approach, assessing the contributions of biological, cognitive and social perspectives to understanding of psychological disorder. 

 

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Gareth recently purchased the registered freehold title to Blackacre from Rudolf. Blackacre
is a large plot of land that consists of a field, a large house on the west side of the property,
and a small shed on the east side. Gareth plans to develop the land by building a hotel on
the site.
Gareth comes to your office seeking advice as a number of things have transpired since the
purchase was finalised.
Rahul is a neighbour who runs a bed and breakfast next door to Blackacre. He has produced
a deed from last year, in which Rudolf promises, on behalf of himself and his successors in
title, never to open a hotel on Blackacre.
Juraj, another neighbour, has been storing his bicycles in the shed on the east side of the
property. He also claims he has the right to cross the fields of Blackacre in order to reach the
cyclists path that runs along the west border of the property. He has produced a written note
from Rudolf granting him these permissions.
The next day, Gareth saw Juraj crossing the field of Blackacre on his bike. He saw Juraj get
off his bike in the middle of the field and pick up a golden bracelet that must have been
dropped there by somebody. When Gareth confronted Juraj about this, Juraj insisted that the
bracelet belonged to him as its finder.
Olympia claims that she has the right to stay in one of the rooms on the top floor of the
house. She claims that a month prior to the purchase, Rudolf told her that she could have
exclusive use of the room for two years at a rent of £65 per week.
Karel, Rudolf’s partner claims to have contributed half of the purchase price of Blackacre
when Rudolf purchased it from the previous owners in 2005. He has been living in the
ground floor flat of the house but was on holiday when Gareth inspected the property prior to
the purchase.
Gareth wishes to know whether he is bound by the various third party rights. He also wishes
to know whether he can claim the bracelet from Juraj.
Advise Gareth.
Question 2
The distinction between leases and licences ought to clear! The former is proprietary, the
latter merely personal. Unfortunately, too many decisions of our courts have muddled this
distinction.
Discuss with reference to case law.
~Ends~

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Level 4 Unit 6: Managing a Successful Business Project:: What are the positive economic, cultural, and ethical impacts of globalisation on different business functions within an organisation”.

British organisations chosen by the tutor for this unit are: John Lewis, Jaguar, BBC, Barclays Bank and British Telecoms.

You work for a consulting firm who has recently been hired by one of the above organisations to conduct a research on globalisation, using the theme: “What are the positive economic, cultural, and ethical impacts of globalisation on different business functions within an organisation”.

Your manager has assigned this project to you, and you have been asked to conduct research on the above theme on different business functions, e.g. operations, marketing, HR and accounting, and present a formal report. Your report should reflect positive economic growth, cultural influences and ethical impacts of globalisation on your selected organisation in Activity 2 and Activity 3.

You are required to provide background information on your selected company and collect data from the stakeholders, which can be in a form of interview, survey, focus group, observations etc.

 

This report will be presented by the Chairman at the Global Business conference in 2019 (http://gbf.freshfields.com/), where the organisers aim to consolidate these impacts for publication in a Business journal article.

 You will need to provide a bibliography showing all references used for this assignment.

Activity 1

 

For the initial part of the project, your manager has instructed that you start with a project management plan which includes the following:

 

Establish the aim of the project and outline its objectives (P1), include all aspects of cost, scope, time, quality, communication, risk and resources (P2) and timeframes using work plans and Gantt charts (P3). You should aim to show all milestones for monitoring and completing the aims and objectives of the project. (M1)  

Activity 2

 

The Chairman has agreed with your project management plan. The Chairman would like you to conduct a small-scale research by gathering information and data to support the project. You will also need to analyse the collected data to reach meaningful conclusions, and your evidence should be produced in a report format with appendices that show all collected research and data.

You are therefore required to:

 

Conduct the research using different research methods (P4) and evaluate the accuracy and reliability of the different research methods used by identifying what worked and what did not (M2).

 

Furthermore, you should:

 

Critically evaluate the project management process and the appropriate research methodologies applied (D1) and analyse the findings (P5) by making evidenced based recommendations through evaluation of the appropriateness of the tools and techniques used, for accuracy and authenticity (P6, M3).

 

Activity 1 and Activity 2 MUST be accompanied by a completed project logbook (a chronological record of ideas, changes, and developments as you progress and complete the project) [Page 7]. You should save this template in Word so that you can add to it while completing the project.

 

The logbook should include:

1. A record of what you did, when and what you were
2. A record of where things went wrong and what you did to overcome any unexpected

 

Your Submission will be INCOMPLETE, and you will NOT PASS this unit if you do not submit your project logbook. [Page 7].

 

 

Activity 3

The Chairman was extremely pleased with your research work and he is now considering taking you with him to the global conference, and has requested that you complete a performance review that addresses the following:

 

A reflection and evaluation of the value of undertaking the research (P7), the value of the project management process and the use of quality research to meet stated objectives and support self-development (M4) and a critical evaluation and reflection on the project outcomes, the decision-making process and changes or developments of the initial project management plan to support justification of recommendations and learning during the project (D2).

 

You will need to copy the template on page 9 into Word and complete this; the expectation is that this is only a guideline and there may be other things you wish to add the template only provides prompts.

 

Your Submission will be INCOMPLETE, and you will NOT PASS this unit if you do not complete and submit your performance review template

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The traditional directors duty of care at common law has long been criticized as being highly subjective. There is wide debate among academics that an inevitable result of the move from a subjective to an objective test is to give the courts greater power and role in defining the functions of the board.

Critically discuss the statement in relation to the director’s core duty of loyalty, duty of care and conflict of interest under the Companies Act 2006.

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LAW161 Hypothetical Assignment 2018
Yasmin and Zane had been in a ‘stormy’ de facto relationship for six years. Both were
addicted to ice.1 Over the years, Zane’s behaviour towards Yasmin had become increasingly
violent. Yasmin had suffered minor injuries at Zane’s hands on countless occasions, and had
also been hospitalised twice with more serious injuries. In the three months prior to
Yasmin’s death, neighbours said that the arguments had become more intense and more
frequent. One neighbour said that on two occasions, she clearly heard Zane shouting that he
was going to kill Yasmin. The last of those occasions was at 11.00 pm on the 10th August
2018.
On 11 August 2018, Zane decided that he wanted to go hunting, and he wanted Yasmin to go
with him. He packed ammunition and his trusty .243 bolt action centrefire rifle (for which
Zane duly held the appropriate Category B licence under the Firearms Act 1986 (NSW)). Zane
and Yasmin headed out to an area of remote bushland west of Uralla (NSW).
The bushland in question was designated under the National Parks and Wildlife Act 1974
(NSW) as a ‘Nature Reserve’. Section 56 of that Act prohibits hunting in designated nature
reserves.
By 11.00 am, Zane and Yasmin were in the bush. They stopped at a picnic table to have a cup
of tea and take some ice. Then Zane spotted a kangaroo. Zane moved about 20 metres
away, took aim and shot at the kangaroo. Yasmin remained seated at the picnic table, about
120 degrees behind where Zane was standing, and to his right. The shot missed and the
kangaroo took off. Zane spun round to his right, following the trajectory of the kangaroo.
Zane discharged the rifle again. The bullet hit Yasmin squarely in the chest and lodged just
above her heart. Zane left the scene.
Yasmin was found a few minutes later by bushwalkers who heard the shots, and came to
investigate. Yasmin was rushed to Tamworth Hospital. Luckily, the bullet missed Yasmin’s
heart, and there were very good prospects for survival. But during surgery to remove the
bullet, Yasmin suffered a brain haemorrhage which caused permanent and catastrophic loss
of brain function.
When Yasmin came out of surgery, she was placed on life support. One month later,
Yasmin’s parents made the difficult decision to allow doctors to remove life support. Yasmin
was declared dead on 11 September 2018.
The pathologist who performed the autopsy reported that the brain haemorrhage was
caused by a fatal error on the part of the overworked and exhausted surgeon. Yasmin was
under the influence of ice, which meant that she had unusually elevated blood pressure. The
surgeon failed to take that into account and he negligently ordered the wrong dosage of a
drug, which, coupled with the already elevated blood pressure, resulted in a massive brain
haemorrhage.
Analyse Zane’s liability for unlawful homicide under the Crimes Act 1900 (NSW)?

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Research Report in Cognition

Value: 40%

Length: 2000 (+/- 10%) words – do not go over 2200 words

Submission method options: EASTS (online)

You will be required to write a research report in APA style (including interpretation of some simple data analyses) on a topic from within the broad area of cognitive psychology.

Please ensure that you read the subject outline for detailed information about marking criteria and standards for this assignment.

Your task will be:

• to review the relevant literature and write a literature review that provides rationale for the study aims and hypothesis
• use the information provided to write a methods section (with appropriate subheadings) in your own words (i.e., do not copy and paste the information provided. Also, be selective of what information to include.
• write a results section using the output provided
  • You will not have to conduct the analyses. These are included in the output. You will however, need to interpret them.
  • Include a figure or table only if it provides a better understanding of the data. Do not include a figure or table if you are just repeating what is already presented in the text.
• discuss the results of the analyses in terms of the hypothesis and the literature you have reviewed (i.e., making connections between the current result and previous studies)
• discuss what the result means in relation to the existing models of working/short-term memory (i.e., discuss the implications of the results particularly for the Baddeley and Hitch model of working memory)
• discuss potential logical limitations of the study (not sample size!), directions for future research, and possible alternative explanations for the results – limit this to a paragraph. With 2000 word limit, you need to be very concise.
• use scholarly (peer reviewed) references (including those that have been provided but you are also expected to source other relevant articles). Please do not use websites or the textbook as references (i.e., go to the original source).
• present an APA formatted research report

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Construct a suitable network diagram which shows the precedence logic of each activity. You should use the activity-on-arrow or precedence method.

- Part 2 (75%): Individual Project Report based on a Case Study - maximum word count of 2500 words.
- Please read the attached file to follow the instructions and to read the case study details.
- The individual report just by doing Part B – the individual report will be marked to Learning Outcomes 1, 3 & 4.

- Learning Outcomes to be Assessed:
1. Critically analyse project management methodologies and tools for implementing a successful project.

2. Evaluate approaches to human resource management for a successful project noting cultural, social and economic influences.

3. Assess the role of quality and risk management in the delivery of successful projects.

4. Evaluate the usefulness of current tools and software, such as Prince II as a methodology.

Part B - (75%) - Project to Install an Emergency Power Plant at a Tidal Barrier.

Given the information below you are asked to apply project management techniques to the Proposed Project to address both the Planning Phase and the Implementation Phase of the project. In your report you should include your understanding of what is meant by the meaning of “project” and provide examples of different types of projects, including research, administrative, process improvement etc. See also Table of data (below) giving an overview of the Project, a Work Breakdown Schedule (WBS), durations and cost-related information.

1) Construct a suitable network diagram which shows the precedence logic of each activity. You should use the activity-on-arrow or precedence method. This may be done manually on paper but a higher grade may be obtained with the help of software to draw the diagram. Use the diagram to calculate each activity Early Start Day number and hence determine the earliest likely overall completion time. Taking this day number as a target for completion, calculate the Latest Times for each activity or node. Finally calculate the floats and show the critical path.Higher marks awarded if done using apporpitae software and correct with no errors. (20%)

2) From your network information using an Excel spreadsheet to one day accuracy produce a Gantt chart based on Early Start times. Explain the limitations of the Gantt Chart on its own and how an activity network assisted by computer software could be used to monitor the actual progress in terms of timing throughout the project and what steps might be taken to improve the timing schedule if the project were required to be completed in two months. Higher marks are awarded for additional examples with calculations done in Mircosoft Project. (15%)
3) Using the given cost estimate information calculate total cost by Group and Overall, without and then with Contingency. Construct a budget (BCWS) spreadsheet with activities down the left hand side and a month by month calendar as the X-Axis. Apply a suitable method of allocating the cost of each activity evenly over each month of its duration. Allocate costs to months. The sheet should show sub-total costs for each activity group and overall per month. Construct a graph against time for the periodic spend and the same information on a cumulative basis. Higher marks are awarded for additional examples and clear explanation with illistrations. (20%)

4) Explain how the Earned Value System (EV) works and why it is more appropriate for projects than a simple Actual v Budget system as often applied in on-going business operations. Illustrate how the indices can reveal the true cost and time variances at intermediate stages in the project and help to predict the final position at project completion. Higher marks are awarded for additional examples. (15%)

For Part B:
You are to produce an individual report. Maximum word count of 2500 has been set as the limit. All charts, diagrams and additional useful information should be included.
- Marking Criteria:
Table of Assessment Criteria and Associated Grading Criteria
Just Part B – individual report will be marked to Learning Outcomes 1, 3 & 4.

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Question 1

“When the Courts apply the rules of statutory interpretation, they often end up making the law, not just explaining it”

By referring to relevant case law, discuss what this statement means and evaluate how accurate it is in relation to the Courts in England and Wales.

                                                                                                                Maximum 50 marks

Question 2

Background information

 

You have recently been appointed as the Head of Human Resources for Mega Kitchens Ltd., a company which manufactures and sells kitchen units and appliances from its operations site in Camford. The company employs a total of 250 staff on its premises in Camford, where the manufacturing, sales and marketing, and administration functions of the company’s business are carried out. Distribution of the company’s products is carried out through direct sales to the public and the trade from the company’s Camford premises, and through delivery of goods to customers’ addresses throughout the UK by ‘Fitters’. The ‘Fitters’ are a group of individuals, who are engaged by Mega Kitchens Ltd to collect, deliver and fit new kitchen units and appliances at customers’ premises. The ‘Fitters’ are not regarded by Mega Kitchens Ltd. as part of the permanent workforce and work for the company under a ‘Contract of Engagement’.

 

Your appointment is to replace the previous ‘office manager’, George Hughes, who recently retired. When you arrived in your new job you discovered that there were few up to date policies and procedures for the management of human resources, and many decisions have been made by line managers with no clear guidance from George Hughes. There appears to have been no formal training on handling difficult HR issues for line management. There is a formal disciplinary procedure and a formal grievance procedure in place, both of which appear to have been copied from an out-dated Government website without modification. There is also a ‘Staff Handbook’, which is given to all new employees when they start work at Mega Kitchens Ltd., but which also appears to be quite flimsy and out of date. Extracts from the Disciplinary and Grievance procedures, the Staff Handbook, and the ‘Contracts of Engagement’ which the company has with its Fitters, are all reproduced at the end of this case scenario.

 

Case scenario

 

James Easey, aged 35, works as a ‘Fitter’ for Mega Kitchens Ltd., a position he has held for the last 5 years under a standard ‘Contract of Engagement’. Although under his contract James is allowed to take on work outside his normal duties and work either for himself or another employer, in reality he has never done this all the time he has been contracted to Mega Kitchens Ltd. Similarly, even though this too is permitted under the contract, James has never substituted another fitter to do his work, but he has occasionally swapped jobs with other fitters. James has always provided at least 40 hours of his time every week exclusively to Mega Kitchens Ltd., and often many more hours than that. At the end of each week, James submits a ‘time sheet and claim for payment’ form to Mega Kitchens Ltd., which then prepares a formal ‘invoice’ from James for the money owed. Mega Kitchens Ltd. does not pay the invoice unless and until the customer pays for the work carried out by James. Over the past year, James’ average weekly payment received from Mega Kitchens Ltd. has been £600/week, which is paid without Income Tax or National Insurance Contributions deducted.

 

James always had a good working relationship with Mega Kitchens Ltd. and had very few problems at work. You notice from James’ personal file that there are only two matters recorded against him. One was three years ago when a member of the public complained about James’ driving of one of the company’s vehicles, alleging that James had ‘cut him up’ at a roundabout. James denied this and the matter was dealt with by the Operations Manager, Javid Hussain, advising James to ‘take it easy and be more careful’ when driving company vehicles. The other matter was a year later when a female customer complained that James had been ‘flirty and suggestive’ with her whilst fitting her new kitchen. James maintained that all conversations between him and the customer were completely professional, but accepted that some of his comments may have been misconstrued as being ‘a bit flirty’. On this occasion, James was given an informal verbal warning about his future conversations with customers.

Last month, however, Mega Kitchens Ltd. received a complaint from a customer, Mrs Hubbard, who said that James had sent her a series of inappropriate and highly suggestive WhatsApp messages and voice calls from his personal phone to her mobile. Mrs Hubbard claimed that there must have been ‘at least 40 or 50’ such messages and that many messages were sent outside working hours, including in the evenings and at weekends. Mrs Hubbard said that the messages included invitations to go for a drink with James and enquiries about whether she wanted ‘some company’ when she had told James that she was in bed. However, Mrs Hubbard said that she had deleted all the messages some time ago because she was scared that her husband may see them. On receiving this complaint, Javid Hussain called James into his office and confronted him with the allegation with the words ‘you have really done it this time – you have gone too far – I thought you would have learned your lesson from last time. What have you got to say for yourself?’ James denied that he had behaved inappropriately. James said that he recalled Mrs Hubbard as being a particularly difficult customer, and he had called and messaged her numerous times about the fitting of her new kitchen and the problems she had experienced with it. All these calls and messages were made on his work phone, supplied by Mega Kitchens Ltd. James said he had completed the fitting of Mrs Hubbard’s kitchen over three months ago, including the times he returned to Mrs Hubbard’s house to finish work with which she was not satisfied, and he wondered why she had chosen now to complain. James maintained that he had been professional throughout his dealings with Mrs Hubbard. James said that he too had deleted all the messages from his phone, as was his standard practice every month or so in order to free up memory space. Javid’s response was to say “Look, I’ve heard it all before from you – I’m not interested in hearing any more of your stories. This is gross misconduct – get out, you are fired”.

 

James lodged an immediate appeal against the decision to dismiss him. The appeal was heard the following week by Tom Barnaby, the Managing Director of Mega Kitchen’s Ltd. At the appeal, there was a print out of the phone records for James’ works phone, which had been obtained from the Internet Service Provider. This print out showed that there had been a total of 12 messages and/or calls between that phone and Mrs Hubbard’s phone, all around the time that Mrs Hubbard’s new kitchen was fitted, and all made within normal working time, with the exception of one at 6:30 one Friday evening and one at 10:30am the following morning. The printout did not provide details of the content of any of the messages or calls. James produced a print out of messages and calls from his personal phone for the same period – this showed no calls or messages passing between his personal phone and Mrs Hubbard’s phone. There was no other evidence used at the appeal hearing and James attended alone, but was not afforded the opportunity to ask any questions. At the end of the appeal hearing Tom read out a pre-prepared statement saying “As you have failed to establish that all the calls and messages made to this customer on your work phone were

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work related, I am satisfied that you have committed an act of gross misconduct by behaving inappropriately towards a customer, and the decision to dismiss you stands”.

 

This morning you have received a copy of an ET1 form, which James has submitted to the Employment Tribunal, claiming that he was wrongfully and unfairly dismissed.

 

You are asked to prepare a report for the Board of Mega Kitchens Ltd., which sets out the legal issues that have arisen in this scenario and give your advice on the steps that should be taken by the company to try to address these problems

 

Further Case Scenario Background Information:

 

Mega Kitchens Ltd. Disciplinary Procedures (extract)

 

• Purpose and Scope

 

The Company’s aim is to encourage and help individuals to improve their conduct and achieve and maintain standards of job performance and attendance. The company rules are in your staff handbook and are also displayed in the general office at each site. This procedure applies to all employees. The aim is to ensure consistent and fair treatment for all.

 

• Principles

 

1. The disciplinary procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated.
2. Employees will be informed of any allegations against them at least 3 days before any formal disciplinary meeting is held.
3. At final stages only, employees will have the opportunity to state their case and be represented, if they wish, at the hearings by a fellow worker where deemed appropriate.
4. No employee will be dismissed for a first breach of discipline except in the case of gross misconduct when the penalty will be dismissal without notice or payment in lieu of notice.
5. The procedure may be implemented at any stage if the employee’s alleged misconduct warrants such action.

 

• The Procedure

 

Minor faults will be dealt with informally but where the matter is more serious the following procedure will be used:

 

Stage 1 - Oral Warning

 

If conduct or performance does not meet acceptable standards the employee will normally be given a formal oral warning, which will be recorded, but will be “spent” after 6 months, subject to satisfactory conduct and performance. S/he will be advised of the reason for the warning, that it is the first stage of the disciplinary procedure, and of his or her right of appeal.

 

Stage 2 - Written Warning

 

If the offence is a serious one, or if a further offence occurs, a WRITTEN WARNING will be given to the employee by the supervisor. This will give details of the complaint, the improvement required and the timescale. It will warn that action under Stage 3 (below) will be considered if there is no satisfactory improvement and will advise of the right of appeal. A copy of this warning will be kept on the individuals personnel file, but will be regarded as “spent” after 12 months of satisfactory conduct and performance.

 

Stage 3 - Final written warning or disciplinary suspension

 

If there is still a failure to improve either conduct or performance to a satisfactory level; or, if the misconduct is sufficiently serious to warrant only one written warning but not sufficiently serious to warrant dismissal (in effect both a first and final warning) A FINAL WRITTEN WARNING will be given to the employee. This will give details of the complaint, and warn that dismissal will result if there is no satisfactory improvement within a specified timescale, and will advise of the right of appeal. A copy of this final written warning will be kept by the line manager but it will be “spent” after 24 months, subject to satisfactory conduct and performance. Alternatively, consideration may be given to imposing a penalty of a disciplinary suspension without pay for up to a maximum of five working days.

 

Stage 4 – Dismissal

 

If conduct or performance is still unsatisfactory and the employee fails to reach the prescribed standard DISMISSAL will normally result. An appropriate senior manager can take the decision to dismiss. The employee will be provided, as soon as reasonably practicable, with written reasons for the dismissal and the date on which the employment will terminate.

 

• Appeals

 

An employee who wishes to appeal against a disciplinary decision should inform the Human Resources Manager within two working days. An appropriate manager along with the HR Manager will hear the appeal and their decision will be final. At the appeal any disciplinary penalty imposed may be reviewed but cannot be increased.

 

 

 

5)   Gross Misconduct

 

The following list provides examples of offences that are normally regarded by the Company as gross misconduct:

 

• Theft, fraud, deliberate falsification of records, deliberate damage to company property
• Fighting, and physical assault on another person
• Serious incapability through alcohol or being under the influence of illegal drugs
• Any operation of machinery after taking any alcohol or drugs which impair abilities to operate machinery
• Serious negligence which causes unacceptable loss, damage or injury
• Serious act of insubordination
• Any periods of absence exceeding 3 days without “good cause” and without the express permission of management (employees should note the sickness absence reporting procedure in staff handbook)

 

If you are accused of an act of gross misconduct, you may be suspended from work on full pay, normally for no more than five working days, while the company investigates the alleged offence.  If, on completion of the investigation and the disciplinary procedure, the company is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.

 

 

Mega Kitchens Ltd. Grievance Procedure (extract)

 

Purpose and Scope

 

This Procedure applies to all current employees of the company and covers all issues which are amenable to local determination and resolution.  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 consequence the timescales included in the Procedure may be extended or shortened by mutual consent.

 

Stage 1

 

An employee who wishes to raise any issue in which s/he is directly concerned must first raise it with their immediate manager, making it clear that s/he is taking the first step in the procedure.

 

Stage 2

 

Their immediate manager will arrange a meeting as quickly as possible so that the issue can be discussed with the employee(s).  This meeting will be held in a room away from the general work environment.

 

If a satisfactory solution has not been reached within a maximum of 5 working days the employee may refer the issue to their Manager’s superior under Stage 3 of the Procedure.

 

Stage 3

 

The Manager’s superior will arrange a meeting as quickly as possible so that the issue can be discussed with the employee(s).  If the employee wishes to have a fellow employee as their representative present at this meeting, then the employee must notify the manager of their representative’s name and they will be invited to attend.

 

If a satisfactory solution has not been reached within seven working days, the employee may refer the issue to the HR Manager who will arrange for a Senior Manager to meet with the employee(s) and (where requested) their representative under stage 4 below.

 

Stage 4

 

The Senior Manager will arrange a meeting as soon as possible so that the issue can be discussed with the employee(s) and his/her representative – this meeting shall take place not more than seven working days from the employee’s request.

 

If the Senior Manager is unable to resolve the grievance, the employee(s) can request a final “Appeal” meeting with the Managing Director.

 

Final Appeal Meeting

 

The Managing Director will arrange a meeting with the employee(s) and his/her representative in no less than 7 working days (subject to his/her availability).  Any decision taken by the Managing Director to resolve the grievance at this stage is final.

 

Note:  If the grievance involves a complaint against the immediate manager of the employee(s) the matter can be referred, in the first instance directly to the Manager’s superior (as under stage 3).  However, the immediate manager must be informed in writing of the grievance against him/her.

 

 

Extracts from Mega Kitchens Ltd. Staff Handbook:

 

“Sickness absence reporting:

 

All staff who are unable to attend work because of illness must telephone into their depot and speak to their line manager by no later than 10.00 am on the first morning of illness.  If the illness is likely to last more than 1 week (6 continuous working days) then a doctors’ certificate is required.  If an employee is unable personally to telephone in, then they can ask another person – i.e. relative or spouse, to call in on their behalf.

 

Failure to notify the company as above may be treated as unauthorised absence under the disciplinary procedure”.

 

“Holidays:

 

All staff are entitled to 20 days paid holiday a year, plus all official Bank Holidays.  The holiday year is from 1 October to the 30^th September annually.  All requests to take leave must be approved by your Manager, and will not normally be refused unless the needs of the service require you to work.  To avoid any possible disappointment, you should always clear holiday dates with your Manager well in advance before making bookings or travel arrangements.  Holiday entitlement must be used by end of each holiday year.

 

Your Manager will advise you if, for operational reasons, you are required to take leave at certain times of the year.  However, due to the nature of our business there is an expectation that, where possible, the majority of your holiday entitlement will be taken during the months of July and August as these are the slowest business months for the Company.

 

If your employment begins or ends part way through the leave year, your holiday entitlement for that year will be calculated on a pro-rata basis for each complete calendar month of service”.

 

“Other Absence: Special Leave or temporary changes to working times

 

If employees have domestic, family or personal reasons, then unpaid leave of a short duration may be allowed at the discretion of your manager.  If there are domestic, family or personal reasons for changes in your working times, these should be discussed and agreed with your Manager.”

                                                                   

Extracts from ‘Contract of Engagement’ between Mega Kitchens Ltd and Fitters:

1. “The Contractor agrees that all services will be rendered by him/her/it as an independent contractor and that this agreement does not create an employer-employee relationship between the Contractor and the company. The Contractor shall have no right to receive any employee benefits provided by the company to its employees.”
2. “In the event of the Contractor being unable or unwilling to perform the services personally, he shall arrange at his own expense entirely, for another suitable person to perform the service. The substitute contractor must be approved by the company before performing the contracted work.”
3. “For the avoidance of doubt, there is no obligation on the company to provide you with a minimum amount of work or any work at all. However, where work is offered you agree to provide your services to the company for a minimum number of 40 (forty) hours per week. You are under no obligation to accept work beyond this agreed minimum, but may accept work in excess of 40 hours in any one week. You are free to provide your services to another company outside the agreed minimum number of 40 hours per week.”
4. “The Contractor agrees to be responsible for all his/her own payments of Income Tax, National Insurance Contributions and other similar payments connected with the contract.”
5. “The Company agrees to provide the Contractor with a suitable vehicle to perform the service contracted for. The said vehicle will remain the property of the company throughout the contract and must be returned immediately to the company upon termination of the contract. The company will be responsible for insurance, road fund licence and maintenance costs of the vehicle and will reimburse the contractor for the cost of fuel for the vehicle, but such costs will be limited to costs incurred in carrying out the company’s business only. The vehicle supplied will carry the company’s logo and the contractor is responsible for ensuring the logo remains visible at all times. The contractor will be responsible for the supply and costs of his/her own tools and equipment.”
6. “The Contractor agrees to provide a professional and competent service throughout the terms of the contract and to represent the company in an appropriate and professional manner. Failure to adhere to the terms of this contract will subject the Contractor to the provisions of the company’s disciplinary procedure, as set out in the company’s staff handbook, the contents of which are hereby incorporated into this contract and to which the Contractor agrees.”
7. “The Contractor agrees that for a period of six months after termination of the agreement, s/he shall not be engaged, on his/her own account or for another company, in any work of the same or similar nature to that carried out by the Contractor on behalf of the company, and shall not divert or attempt to divert from the company any business of any kind in which it is engaged, or solicit any of the company’s suppliers or customers.”

 

                                                                                        Maximum 50 marks

 

 

 

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