Case note on the decision of the Supreme Court in Autoclenz v Belcher Essay

Case note on the decision of the Supreme Court in Autoclenz v Belcher [2011] - Essay Example It sought to establish the actual employment context between the concerned parties as well as the legitimacy of the written term. In this case, the main question to attend to was as to whether the claimants were actually workers, by taking into consideration the already existing regulations such as the 1998 working time regulation (WTR) and the 1999 national minimum wage regulation (NMWR). The decision offered by this court confirms that a lot of consideration should be given to what exactly was the agreement between the concerned parties alongside a written contract terms2. This does not only imply that an employment tribunal (ET) should only consider the terms written at the commencement of the contract, but also at any subsequent phase which might have altered the terms of the contract. Moreover, ET does not need to be confronted by an evidence or intention of third party deceit for it to search beyond an agreement’s written terms. According to the court, the decision does not change in any way employment laws in any way since rationality is allowed in cases that call for it. Background to the case Autoclenz (appellant) is an organization that participates in the provision of car-cleaning services to both auctioneers and motor retailers. On the other hand, the claimants (respondents) consist of 20 valeter individuals who offered their services to Autoclenz as car valeters. All these valeters signed a contract at the begging with Autoclenz which stated that they were self-employed hence their taxation will be based on that3. However, later in 2007, the claimants were subjected to new contracts by Autoclenz which they were required to sign. The new contract had two main clauses: The first clause allowed the valeters to engage another individual to perform services on their behalf as long as that individual met Autoclenz employment standards. Secondly, by handing over responsibilities to another person, that particular individual’s services will n o longer be needed by Autoclenz. There was also a clause that accorded the veleters a right to work refusal. Moreover, the veleters were to give their absence notification in advance4. The claimants later placed a case at the employment tribunal seeking to be recognized as workers considering the definition of a worker by the WTR and MNWR. Basing on these two employment regulations, they also claimed that their remuneration should be in harmony with the NMWR. On the contrary, these claims seemed to be inconsistent with what the written terms of the contract depicted5. Autoclenz considered the valeters to be self-employed individuals who were not in a position to claim the statutory benefits of an actual employee. The two mentioned regulations look at worker from an identical ground as a person who works under: An employment contract. Or other contracts (implied or express). At first the ET held a stand that the veleters can be taken to be workers as well as employees, since Autoclen z exercised much control over them and they were completely in the business6. Furthermore, all the veleters seemed to have no idea of the substitution clause and for the fact that no one of them had participated in it. However, later the EAT giving the saga a different approach argued that since no clauses whether those of substitution or obligation can be inconsistent with employment contracts or personal performance contracts according to the law, then using the written agreement, the valeters were workers but not employees7. Finally, the Court of Appeal settled on the ET’s decision that considered the valeters as being both workers and employees. Main issue and judgment The main issue in this case was for the Supreme Court to establish whether there is a dispute over what is

Hard Rock Cafe Term Paper Example | Topics and Well Written Essays - 1250 words

Hard Rock Cafe - Term Paper Example Forecasting is one method that has led to the success of the restaurant. With forecasting, the management can analyze the forces of demand and supply and make reasonable decisions. They can also determine the point where profits will be maximized. However, forecasting is not realistic as it can be affected by economic changes due to the cyclical nature of the market (Evans 2002). The actual results might differ from the forecasted data giving rise to risk. Therefore, it important to ensure that proper forecasting is done using reliable data and models. Introduction Hard Rock Cafe has grown at a very fast rate from a one pub in 1979 to cafe having 129 branches in over 40 countries internationally. With such growth, the Cafe has been successful in delivering quality services and ensuring maximum customer satisfaction. Nowadays, the hospitality industry is growing drastically. For this reason, the hotels require consistent progress to attain a competitive edge. Operations management is important to ensure that daily activities of an organization are achieved efficiently. This report will analyze the operation management of Hard Rock Cafe with regard to its forecasting strategy. The current forecasting strategy of the Restaurant will be analyzed and suggestions on other possible strategies with regard to sales will be discussed. In order to assess the future perspectives, it is important to analyze the current situation first. 1. Hard Rock Cafe’s forecasting strategy There are different forecasting applications at Hard Rock Cafe. The forecasts relate to the long-run, intermediate and short run. Long run forecasting methods are used in establishing a better capacity plan. Intermediate forecasting methods are used when Hard Rock Cafe aims at establishing good contracts with its main suppliers. The method is used to forecast on revenues using the pricing and costing information in respect of every cafe. Short term forecasting is used on daily sales and takes in to account variables such as events. The point of sale (POS) system is used in forecasting sales. The POS captures daily sales for each customer in all its cafes around the world. All daily sales are transmitted to the headquarters database electronically. From there, the financial team uses the data for forecasting purpose. In forecasting any anticipated events that might impact sales forecasts are taken into account. Such events might include sporting events or concerts to be performed anywhere near the cafes. The daily forecasts are further broken down to hourly sales which are used for employee scheduling purposes. Another forecasting strategy is Cafe’s menu planning which is done using multiple regressions. Multiple regression analysis helps the managers determine the degree of responsiveness on the quantity demanded to changes in price. Forecasting is also used in reorganizing the menu. This is because it measures the domino effect it would have on the menu items. Forec asting is also used in evaluating the performance of managers and setting rewards such as bonuses. Hard Rock Cafe uses a 3 year weighted moving average on cafe sales for this purpose. Bonuses are awarded when managers exceed their targets. Finally, forecasting is used in staff recruitment and management. Future demand is calculated and used to determine the period when to hire more staff or manage its staff in each department of the restaurant. Hard Rock Cafe can also use forecasting in the following areas: Establishing new outlets Determining future market changes by analysis the economic factors New products and its impact to the customers. 2. The role of