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.