Problem question Essay Example | Topics and Well Written Essays - 1500 words

Problem question - Essay Example Jessica knows through other employees that a position will be open very soon but has been advised by Harrington that they ‘do not hire agency workers.’ Rachel has sought advice due to the fact that she is pregnant and considering employment options. She would like to know what her rights are to maternity leave and if there are any conditions allowing flexible scheduling before she applies for a position through Kent University as a part time accountant. It is very likely that Jessica is currently working under a ‘contract for service.’ This means that as an agency employee she is entitled to certain rights, those rights consisting of breaks during a work assignment, minimum wage, paid holidays, no unlawful deductions from pay (DirectGov), protection under the health and safety laws and freedom from discrimination in any manner. Jessica states that Nursebank has been bullying her and she would like to become employed four days a week directly with Harrington. Harrington does have an upcoming position but Jessica was told that they do not hire ‘agency workers.’ Jessica needs advice as to if this is against the discrimination policies that are legally in place. There are two factors here to consider and examine when reviewing Jessica’s complaints. The issue of Jessica’s bullying should first be explored. Bullying in the workplace can be described as being constantly picked on, ridiculed, humiliated, being overworked in comparison to other workers (Direct Gov), passed over for promotions and being threatened with dismissal. Jessica did not specify exactly how she is being bullied but these examples are not all-inclusive. Bullying is protected against through harassment and discrimination laws. Employers can be held liable for these behaviors through legal proceedings. It is important to advise Jessica that the first step she should take is to report the bullying. Review Nursebanks policies and procedures for deal ing with worker harassment and discrimination. It will become especially important that she has initially consulted and followed company procedure for reporting these actions should Jessica want to file a grievance against Nursebank. The ACAS statutory code of practice on grievance and discipline is issued under section 199 of the ‘Trade Union and Labor Relations Act of 1992’ (TSO). This sets out to establish guidelines for policy and procedure involved in grievances though the code does not necessarily need be followed exact but the employment tribunal will consider this code strongly in any cases brought up. Jessica should expect Nursebank to act promptly and consistently in investigating her complaints. Jessica has the right to be represented by her trade union, if she has one, or anyone she should use during any meetings or discussions or formal talks regarding her complaint. If the decision that the company makes in dealing with Jessica’s issue of being bull ied does not resolve the issue she can then proceed further and appeal the decision. Legal actions can be taken if there is no relief from the claim, though I would advise that Jessica ensure she has done everything possible with the grievance and appeal process so that should she need to file a suit against Nursebank she will have sufficient evidence that they have been negligent or libel. Mediation by a