Emploment UK LAW Case Studat
NOTES:
She has been employed for 3 years
Can claim as she has been employed
Should be contested S.230 ERA
See if she qualifies for the 2 years service S.108(1) ERA
Should complain within 3 months S.111 ERA
Should not be an excluded employee
She has been dismissed S.95 ERA without notice to both employer and employee
It is clear that the contract has been terminated
She qualifies to claim
S.98 She has been dismissed potentially fair (uncharged £1,500 can not be recover) ARITHMETICAL MISTAKE. Gross carelessness- misconduct- potentially fair reason (first warning has been given) DEFINE THE CONTRACT WHETHER TERMINATE OR NOT
Dismissal S.98 (4) ERA Reasonably dismissal. Whether the employer acted reasonably or unreasonably. Dismissal because misconduct (conduct dismissal test of reasonableness)
*Establishing conduct as the reason for dismissal–employer must show that:
1)Did employer have a genuine belief in the employee’s guilt?
She made a mistake twice
2)Were there reasonable grounds for holding that belief?
Yes
3)Had the employer carried out as much investigation as was reasonable in the circumstances?
Investigation was not thorough
Whether the procedure has been taken place
Whether the company followed the procedure
-One final warning
-It would be a good practice to giver her at least two fin al warning
ACAS CODE- please see whether the procedure is fair (e.g. right of fair hearing, appeal and unaccompanied)
The procedure was not followed so Mark should be worry. Can lead the judge to say the dismissal is unfair – compensation may be increased.
ADVISE MARK
To reemploy Trisha (reinstatement or reengagement)
To compensate her
Mark is likely to lose the case and compensate her and pay for damage of reputation
Ask Trisha to sign a settlement agreement saying not to claim and give a compensation.
