Solution
In order to identify the different legal requirements that influence the HR plan, it is essential to evaluate in the components of the HR plan. In the context of ABC, they include the following;
Figure 5: HR Plan Components
The identified components can be supported by Ulrich et al. (2008) that observe that HR departments need to operate as a business within a business instead of being a disconnected or isolated set of HR activities.
Having identified the HR plan components, since ABC operates in the UK business environment, the legal requirements would include;
- Working time regulation 1998– this legislation is used in limiting the working week to an average of 48 hours (despite the existence of an opt-out) with the working day to an average of 8 hours. Further, this legislation covers rewards where it stipulates that workers and employees must be provided with paid leave and specified work breaks (Personnel Today, 2020). This legislation is characterised by consistent changes in the areas of traveling time and holiday payment, particularly where a commission or overtime factor in their regular payments. Lastly, the law offers an opportunity for (harnessing- deleted) flexible working arrangements and requesting time off for training.
- Health and Safety Regulation 2013: This is a review of the previous Health and Safety Regulation of 1994 (HSE, 2020). This legislation is based on the view that employers are normally facing a broad range of duties and initiatives to protect the welfare of the employees. In the ABC organisation which is increasingly having more employees working in the organisation, their strategies in line with the legislation include:
- Setting arrangements intended to implement health and safety measures as noted from their risk assessments
- ABC appointing competent staff for assisting them in implementing different arrangements
- Establishing emergency procedures to the benefit of ABC operations
- Collaborative working among all employees through sharing similar workplace environment in ABC
- General Data Protection Regulation (GDPR) Act 2018: This Act is a replacement for the past Data Protection Act 2018. In this law, it requires all employees operating from UK to be conversant with their roles as stipulated in this law with penalties (advanced – deleted) from breaching the rules. The contents of this legislation include laws that govern data protection, level of surveillance and privacy, and workplaces. This law is nevertheless implemented collaboratively with the Freedom of information Act 2000 CIPD (2020) that requires employers to publish specific information on their activities and approaches towards recruitment, downsizing, promotion, transfer, redeployment, retention and succession planning
- Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)– This legislation is applicable in a strategic plan in an organisation that can include transfer of an economic entity that retains its identity (CIPD, 2019b). In this legislation, employees are protected by entitling them to similar terms and conditions with continuity of employment (as-deleted) they possessed prior to a transfer. This law is applicable in all relevant transfers, such as a phenomenon where services are assigned to a contractor. A good example is where an organisation is offering a labor-intensive service, which could include cleaning of offices, catering services, security and collection. For instance, in ABC, hierarchical changes and redeployment, the employees retain their terms and conditions of employment with continuity of service being preserved.
A.C. 2.2 – Describe a process for recruitment and selection of new staff that complies with current legislation and organisation requirements
In ABC, the process of recruitment and selection is conducted by the organisation HR department. To ensure that the process complies with existing legislation and organisation requirements, the legislation considered is as shown in figure 6;
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