HR9511: (Law for HR Professionals) Explanation of the need for legal regulation of the area in question

Module / Subject / School:

HR9511: Law for HR Professionals

Requirements:

Word Count: (300 words per case-study)

Case-study 1 and Question

Pete is 30 and was a teacher in a state primary school. Pete loved his job teaching year threes and organising school music. Pete lives with his extended family comprising his grandmother and his mother and his partner and their three children, all under 6. During the 2020-2021 Covid pandemic, Pete was required to teach in school as normal.

However, Pete had grave concerns about the health of his family at home, two members of which had been advised to ‘shield’. Pete requested to not attend the school but to run classes virtually from home. His head teacher stated that his school was ‘Covid secure’ in line with government guidelines and therefore he must work from school as normal. Pete needed to protect his family and resigned.

Given that Pete’s school, like most contemporary workplaces, are not like the ‘sweat shops’ of old, explain why employment laws protecting workers are necessary still.
Analyse this case in legal terms, noting what laws the school might have broken citing relevant statutes and case-law.
Make legally sound proposals for HRM policies that could have prevented Pete’s resignation.

What we score:

79%

Our Writer’s Comment

This assignment is designed to assess students’ understanding of business practices.

To secure an A+ grade, adhere to these guidelines and make sure your work aligns with the grading criteria:

Step 1: Explain Why Employment Laws Are Still Necessary

Start by briefly explaining the role of employment laws in modern workplaces. Even though we no longer have “sweatshop” conditions, laws are still essential to protect workers in various contexts, like during the Covid-19 pandemic. Mention that employment laws ensure workers’ health and safety, prevent discrimination, and provide mechanisms for reasonable accommodations.

You can reference specific protections, like the Health and Safety at Work Act 1974, which requires employers to provide a safe working environment. In Pete’s case, his family’s vulnerable status highlights the need for such protections.

Step 2: Analyze the Case Legally

Next, you’ll want to dive into the legal aspects of the case. Start by identifying the key issue: Pete requested to work from home to protect his shielding family members, but his head teacher refused, insisting the school was “Covid secure.” Pete then felt forced to resign.

What laws might have been breached? You can argue that Pete’s resignation could amount to constructive dismissal, where an employee resigns due to an employer’s breach of contract. The school may have violated its duty of care under the Health and Safety at Work Act 1974, as well as the Employment Rights Act 1996, which gives employees the right to leave a job if they reasonably believe that their health or safety is in danger. Cite relevant case law, such as Mugford v Midland Bank Plc (1997), where failure to provide a safe working environment contributed to a claim of constructive dismissal.
Other relevant legal considerations: Discuss the Equality Act 2010 if Pete’s family members’ health conditions qualify as disabilities. You could argue that Pete’s employer should have made reasonable adjustments by allowing remote work, especially considering the risk to his family.

Step 3: Propose HR Policies to Prevent Resignation

In this final part, offer legally sound HRM policies that could have addressed Pete’s concerns and prevented his resignation:

Flexible Working Policies: Recommend that the school implement a more flexible working arrangement, especially during times of crisis like a pandemic. Pete’s request to teach remotely could have been accommodated under a robust flexible working policy.
Risk Assessments and Employee Consultation: Suggest conducting individualized risk assessments for employees living with vulnerable family members. This could be paired with more regular consultations between HR and staff to address concerns related to health and safety.

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