Emploment UK LAW Case Studat

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.

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