(Solution) CIPD 5OS01 3.1: Legal implications of managing change


As evidenced in Gov.uk (2023), problems would emerge in an event the employer attempts to change a contract without an agreement, or re-employs an individual on new terms and conditions. Also, this could occur in instances of breaching of a contract where contract terms are broken such as employers failing in paying agreed wages or employees failing in working in agreed hours. Dismiss and rehire is identified as a legal practice in UK but does not hold serious risk of costly claims and wider commercial repercussions hen not managed or implemented appropriately. As part of the change, organisations ought to pursue a fair-based, transparent and meaningful consultations on purposed charges to employment terms. Employers ought to appreciate that this strategy develops a high-level risk of legal claims, reputational damage and an adverse implication on employees relations.

When the employers and employees fail in resolving the disputes on the changes, the available option is informal engagement or mediation. In a situation this is not resolved, the employers also leverage from the right of taking legal action. It is essential sourcing for an advice at the start since legal actions could be very expensive. The trade union could also offer legal advice. For the imposed change, True Health Management team would be costly for the organisation with their reputation being lost. This is the same case for dismissal/rehiring and unfair dismissal. For breach of contract claims, True Health Management would potentially face the risk of industrial tribunal. The risks associated with time limits would include compensation of financial losss amounting to £25,000.

Adopting the definition in ACAS (2022), the redundancy is identified as a process followed by an employer, collective consultation and employee rights inclusive of notice periods and pay. Redundancy can be termed as a special term of dismissal which takes place when employers tend to reduce or reform the workforce. As per legislation across the UK, redundancy could occur during the cessation of employer and other measures, which could adversely influence workforces’ moral and monetary stability. Discouraging legal norms or legislation could further make employees liable towards unfair dismissal (CIPD, 2023).  The steps followed in redundancy include;

i) Justify the necessity of redundancies

ii) determine and follow rightful approaches

iii) Aware employees towards upcoming events

iv) Uphold redundancy consultation process (Acas.org.uk, 2023)

v) Selection of employees on redundancy

vi) Figure out or acknowledge redundancy pay

vii) Offer an advanced redundancy notice

viii) Offers an appeals process

ix) Offering alternative employment (Acas.org.uk, 2023)

x) Supporting staff and plans for the forthcoming future In line with the Employment Rights Act 1996,…….

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