Employment Law–case study on Whitakers Fine Wines Limited

Please, revise the 13th attachment

Whitakers Fine Wines Limited

Whitakers Fine Wines Limited ( Whitakers), a retailer of high quality wines acquired a number of additional high street outlets in November 2011. As a result of the expansion in Whitakers shops, the Company needed to recruit additional staff a both retail assistants, and area sales managers. It was planned to increase the number of area sales managers from 8 to 15.

Adam was a? headhunteda for the post of one of the area sales managers with Whitakers. The current General Sales Manager of Whitakers, Sarah had previously worked with Adam ( at another company ) and was pleased when he agreed to come to work at Whitakers.

Adam commenced work as an area sales manager for Whitakers on 8th April 2012 and was given responsibility for Whitakers shops situated in Surrey. Adam performed well and Sarah told him that she was very happy with his work.

In July 2012 , Collin, the area sales manager for the Hampshire area ( the sales area next to Surrey) was ill and off work, and Adam was asked to take on his work in addition to his own until Colin returned.

Adam agreed to take on the additional work until Colin returned. At the end of August 2012 Collin had not returned to work and it appeared that he would probably be off sick for a further three months. Adam raised the matter with Sarah and stated that he was finding it very difficult to cope with a?doing Collins worka as well as his own. Sarah promised that she would try to find a solution as soon as possible.

Adam heard nothing further on the matter and his workload was also increasing because of additional company requirements. He again approached Sarah, and told her that his work load was becoming impossible. She said that she had emailed the Sales Director about Adamas situation but that he had not replied to her email. She said the she would email the Sales Director again and keep Adam informed of any progress.

Adam continued to tackle this increased workload until the end of September. However, he became increasingly anxious about work and was unable to sleep at night because of the worry. Eventually he went to his Doctor who diagnosed that Adam was suffering from a? anxiety and depressiona. The Doctor signed Adam off work for 4 weeks. Adam subsequently complained to the HR departments at Whitakers that his anxiety and depression was caused by being overworked.

In order to deal with this situation it is agreed that Sarah and HR will meet as soon as possible to try to sort out this situation.
Working at Whitakers as an HR advisor with specialist knowledge of employment law and practice you have been asked to provide advice at the meeting of the following:

1. The legal issues which arise in relation to the situation

2. What the Company can do to ensure that it meets all the legal requirements and so
that is not open to legal action from Adam.

Referencing Requirements:
Reference to texts beyond those set and to articles.
Not only reference to main themes in text, but also Clear drawing together of legal principles and case law and statutory.

Main text books:
Lockton D. J. Employment law ,Palgrave Macmillan 8th ed
Upex R., Benny. R., Hardy S., Employment Law

Main websites:
Equality and Human Rights Commission
Uk Department for Business,Innovation & skills
Health and Safety executive

Other books:
a? Bowers J. (2009) A Practical approach to Employment Law, Oxford, Oxford University Press
a? Deakin S. and Morris G.S.(2012) Labour Law, Oxford, Hart Publishing
a? Kidner R. (2012 -2013 ) Blackstoneas Statutes on Employment Law, Oxford
Oxford University Press
a? Lewis D. and Sergeant M. (2010) Essentials of Employment Law, London, CIPD
a? Painter R. et all (2012) Cases and Materials on Employment law, Oxford
Oxford University Press
a? Emir Astra ( 2012) Selwynas Law of Employment, Oxford, Oxford University Press
a? Smith I. Baker A. ( 2010) Smith and Woods Employment Law, Oxford , Oxford University Press
a? Upex R., Benny.R., Hardy S. (2009) Employment Law, Oxford, Oxford University Press
a? Willey B., (2012) Employment Law in Context. An introduction for HR professionals, Harlow, Pearson Longman

Background Reading
a? British Journal of Industrial Relations, London, Blackwell Press
a? Croners Employment Law, Kingston, Croners
a? Equal Opportunities Review, London, Eclipse Group
a? Harvey on Industrial Relations and Employment Law, London, Butterworths
a? IDS Brief, London, Income Data Services
a? Industrial Law Journal, Oxford, Oxford University Press
a? Industrial Relations Law Bulletin, London, Income Data Services
a? Industrial Relations Law Reports, London, Eclipse Group