Tupe due diligence Harvard Case Solution & Analysis

Tupe due diligence Case Study Solution

Introduction

Human resources management (HRM) refers to the management of the people and issues related to the employees such as recruitment, selection, hiring, compensation, payroll management, performance management, performance appraisal, training and development. Meanwhile, directing and managing the employees of the organization is function of the HR department in the company. Similarly, the HRM is responsible for hiring the best talent and supporting the organization’s strategic directions and production or the quality management as well. Furthermore, it can be determined that employees are the backbone of the organization and carry forward many operations that are directly linked with the quality of the product or service being offered by the company.

Similarly, the increasing complications and complexities has emphasized over the outsourcing of HRM function to ensure the proper and better selection of talent in the organization. But, , the outsourced function is not much effective, since the training and development of the employees is much more important for the company then cost that it incurs over the process. Meanwhile, the employees are the assets of the company so it is the duty of HRM to hire the income generating assets, not expense incurring ones. Because, the employees are the internal customers so their satisfaction is also important then the customer who is the end user of the product or service. Consequently, it is important for the company to know how it has been dealing with employees’ rights, regulation and enforcement as well.

Employment regulation and enforcement

Aims and Objectives

The aims and objective of the employment law and regulation is to maintain equality in the organization between the employees and employer. Since, the laws and regulations help to neutralize both forces to eliminate any discrimination and to force organizations to adhere to employee’s rights such as good work environment, fair wages, and overtime, standard working hours, privacy, and discrimination. Similarly, it is forced by the law on organizations to avoid child labor, and slavery. Since, overall focus of these regulations is to provide rights to employees, and eliminate inequality in the organization.

Indeed, the medical allowance, health insurance, provident fund or retirement fund, training and development are  the collective rights refers to the safe and healthy working environment, good organizational culture, non-discrimination against any person’s characteristics such as religion, class, background, gender, race, or the color, and overall equality as well. Meanwhile, the law is enforced by the government to regulate all the organizations and provide guidelines time to time, and also form a labor complain cell, the government also has watchdogs in the market.

Role of Tribunal & Courts

United Kingdom’s employment law is known as the private law or the civil law in the country. The role of tribunals is very important since the tribunals deal with the statuary rights. So, it enforces the majority of statuary rights complaints or the claims made by the employee over the employer. Meanwhile, these statuary rights include the issues of unfair wages, long working hours, discrimination based on the age, sex, ethnicity, religion these complaints are headed by the tribunals in the country. Meanwhile, parental rights, maternity rights, and unlawful deductions in pay are also heard by the tribunals not courts in the country. So, issues regarding employee rights is referred to tribunals.

On the other hand, the claims regarding the breach of contract to employment or issues pertaining to contract breach of intellectual property, patents, copyrights, trademarks, or some other contractual disagreement between the employee and the employer is not heard by the tribunal. But, it is heard by the courts. Therefore, it can be determined that type and severity of claim, proofs regarding claims and employees safety and health issues claims are heard by the courts.

 

Tupe due diligence Harvard Case Solution & Analysis

 

 

Cases Settlement before and during formal legal proceedings

During the formal process of the tribunal, the pre-proceedings, or pre-review are headed to clarify the issue, and case is discussed to see the directions of the case, and the case is reviewed thoroughly, and then proceeded to hearings. However, if the case is found to be dismissed upon determination of claim made. On the other hand, claim could also be settled down between the employee and the employer which is also known as the compromise agreement before the pre-review hearings.

Requirements of Equal Pay

Furthermore, the employment rights also include the pay of the employees to be based on their work level not based on the gender difference. Meanwhile, following are important requirements for the equal pay in the country. These requirements are for eliminating gender gap pay.

  • Same work
  • Work as of job specifications
  • Work is equal in value terms, decision, and skills as well.

Similarly, all employees irrespective of the gap differences should be paid equally if they meet with the above requirements and benefits should also be given to them on equal terms.,......................

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