StudentShare solutions
Triangle menu
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Flexi Care - Case Study Example

Nobody downloaded yet
In Wandsworth London Borough Council v D'Silva (1998, IRLR 193) the employer altered a code of practice in relation to sickness. The Court of Appeal found that the code was not part of the contract but was simply meant to lay down good practice for managers. The language of the provisions in question was found not to provide an appropriate foundation on which to base contractual rights.
However, in the absence of variation clauses, Flexi-care may still contest "consent" by either any of the following: there was an express agreement between both parties; there was implied agreement through the conduct of the employees; termination of the existing contract and enforcement of re-employment under new contract. Express agreement refers to a voluntary agreement between Flexi-care management and the employees, whereas implied agreement means that the employees have consented to such changes by abiding by it for a long period prior to raising their concerns. As such, employees must ensure that they do not agree on any of the proposed contract variation during the upcoming meeting since express agreement may be done either verbally or in writing, and neither should they allow much longer time to seek for resolutions to their disputes.
Meanwhile, should Flexi-care management try to vary the contract terms but cannot get agreement from its employees, they can always terminate the contract and offer new contracts with the new terms and conditions. In Scott v Richardson (EAT April 2005 0074/04), the claimant was dismissed for refusing to accept a variation to their contract. The EAT said that the test was whether the employer reasonably believed that the changes to the contract were advantageous and it was not necessary for the employer to prove such advantages. This case highlights the low threshold that the employer must meet for the 'some other substantial reason' test for dismissal.
2. Options
3. Citing The Information and Consultation of Employees Regulations 2004
The most feasible option for Flexi-care employees is to seek for a consultation by citing the Information and Consultation of Employees Regulations 2004 (The Information and Consultation of Employees Regulations 2004).
Employee representatives must begin the process by requesting for data from Flexi-care management regarding the total number of employees in the company. Under Part II, Section 5 (Employee Numbers And Entitlement To Data) of the Information and Consultation of Employees Regulations 2004, "an employee or an employee representative may request data from the employer for the purpose of determining the number of people employed by the employer's undertaking". This data shall be the basis in determining how many employees constitute 10% of the total population, since as stated in the same Regulation, Under Part III Section 5 (Negotiations), "an employee request is not a valid unless it consists of'a single request made by at least 10% of the employees concerned; or unless it is a number of separate requests made on the same or different days within a period of six months by employees which when taken together totals to at least 10% of the employees.
Requests for consultation must be forwarded by the employees either to the Flexi-care management or to the Central Arbitration Committee (CAC). The CAC is a permanent independent body with ...Show more
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Flexi Care Case Study Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.net/sociology/294760-flexi-care
(Flexi Care Case Study Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.net/sociology/294760-flexi-care.
“Flexi Care Case Study Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.net/sociology/294760-flexi-care.
  • Cited: 0 times

Summary

Flexi-care employees' current employment situation gives them very few options on how to lawfully raise their issues to Flexi-care management or to any government body. There are a lot of limitations on the employees basically because they are not unionised…
Flexi Care
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"Flexi Care"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Health care
The ACA provisions will benefit the rural community by improving their healthcare insurance rates. It will immediately improve their rates of health insurance coverage and the trend will sustain over a long period of time. This will in turn have many positive influences on the providers of health care.
2 pages (500 words) Essay
Palliative Care
This is a case study of a 78 year old male who was brought into the (ER) emergency room by the emergency medical services after being found down and altered. The report describes the clinical picture of the patient and explores relevant literature on the palliative care aspect of the patient.
8 pages (2000 words) Case Study
Planning Care
So he is unhappy regarding his transfer away from his home and rural hospital and wants him sent back there. He is unemployed, a smoker, and has a current history of heavy alcohol intake. Mr. Walker has been diagnosed with type 2 diabetes mellitus in 2005.
5 pages (1250 words) Case Study
Human resource management: how to reduce the staff budget
1 pages (250 words) Case Study
Care Delivery and Care Management in Nursing
While rendering nursing care to him, it is necessary that a nursing process is utilized to assess and develop a care plan for him. This takes care for an all-round care of the individual, and but in this assignment, only the part of maintenance of safe environment will be in focus.
3 pages (750 words) Case Study
Social Care
126). Given this definition, it is likely that Lisa is experiencing the effects of stress in either a psychological or physical form, since there are several aspects of her conditions which may be identified as negative. Outlined below are the potential causes of Lisa's stress:
12 pages (3000 words) Case Study
Health Care Administration: Medical Care
In addition, for making the process result-oriented, it is essential that hospital administration assigns the task to nurses, according to their capabilities and experience of handling different patients. (Kentucky Board of Nursing, p. 2) Research studies have discovered
1 pages (250 words) Case Study
Managed Care Organizations
Managed care arrangements usually control the access of patients to medical specialists, thus restricting the freedom of patients to choose providers and get the medical services that they want. This happens, for instance, in health
3 pages (750 words) Case Study
Aravind eye care system
He did all these after he retired as the Head of Ophthalmology department from a certain medical college in Madurai in India and decided to enter into this venture so as to find a solution to the menace (Center for Health Market Innovations).
3 pages (750 words) Case Study
Long term care
Besides, his condition could not allow him to provide better services than the home care aide and the home care nurse. Had the couple applied for home health care earlier, they would have lived a much better live, especially
1 pages (250 words) Case Study
Comments (0)
Click to create a comment
Let us find you another Case Study on topic Flexi Care for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us