Softy Furnishing Ltd (SF) is a small local firm which produces a number of decorative items for the home including cushions, curtains and bed linen. Hoping to bring its brand image up to date, the firm has just employed Roz who, straight from University, has some great ideas about how the firm’s products can be recreated to bring a modern feel to the home and how working practices can be brought up to date. Abbie has been a machinist at the firm for three years and has always enjoyed being allowed to plod along with her work, machining seams on cushions. Roz has brought in some new (very fast equipment) to speed up production but Abbie is refusing to use the machines as she says that as she was trained on more manual machines she should be allowed to continue to use them. Roz has promised training but Abbie says that she is happy to continue with what she is doing. Roz also wants to make changes in the warehouse however she often feels intimidated by the lads working in there. Dennis, Roz’s line manager has now told her that any changes she wants to make in the warehouse must go through him and that he will deal with the men in that part of the firm. Roz is not happy with this and tells him so but Dennis says that his decision is final and for her own good.
Roz is also having problems with Shabana who, in Roz’s eyes is lazy. Shabana has been employed with the firm since September 2013. Dennis has agreed with Roz that they cannot afford to keep people on if they are not pulling their weight and therefore tells Roz that she can dismiss Shabana but to make sure she gets her full notice entitlement.
Question 1 Advise Abbie as to whether she is obliged to use the new equipment.
Question 2 Advise Roz as to any action she can take in relation to the comments made by Dennis
For this assessment please ignore any reference to Shabana.
*Some guidance on Assessment Criteria
To achieve a pass on each of the questions there must be some evident knowledge and understanding of the relevant law and, as they are problem questions, some attempt to apply it. The better the explanation of the law and the better the ability to apply and discuss it (including the citation of relevant primary sources and similar cases), the higher the mark to be awarded. Detailed facts of cases are not expected unless this is inherently required by the question, because of its similarity to/distinguishability from a previously decided case, or doing so assists the explanation of the law.
For an answer to be awarded a mark in the upper second/first class range it must, among other criteria, explain and apply/evaluate the law correctly and coherently and generally cite relevant legal sources and authorities (some deduction should be made for inappropriate use of old Acts/Regs but an otherwise good answer could still get a reasonably good mark). Conclusions, which are consistent with the discussion, should be provided along with an explanation of any remedies that may be awarded (if applicable). Evidence of wider research, a fuller understanding and a strong analytical ability should be evident for a first class mark.
footnotes : Should be used to reference sources.
Referencing: must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA) .
use Arial (point12).
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