Employment Law Coursework

Employment Law Coursework
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TABLE OF CONTENTS
PART A...........................................................................................................................................3
Advise Sophie and Eeshan on how the law on wrongful dismissal may be relevant to their
situations......................................................................................................................................3
PART B...........................................................................................................................................6
British Equal Pay legislation is an effective instrument to dismantle pay inequality between
men and women...........................................................................................................................6
REFERENCES..............................................................................................................................13
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PART A
Advise Sophie and Eeshan on how the law on wrongful dismissal may be relevant to their
situations
Wrongful dismissal occurs when there is a breach of a contract by the company. It is not
the similar to unfair dismissal, however it is related to employment contract in order to verify if
the employer has breached it1. The most common breach under this law is where the employer
dismissed the employee without any notice or with less than the minimum notice period either
through statute or what was stated in the contract. As per the employment contract, Advance
notice of termination is required in order to bring a wrongful dismissal claim. In this, the
employee must establish that they were dismissed due to breach of the employment contract or
with less than the statutory minimum notice period.
It has been analysed from case study that Sophie works with Hitch and Ami for 11
months only under employment contract with firm. Within contract there are certain rights which
is prescribed. This includes to become member of health club and receives performance bonus
The contract also have a disciplinary procedure as well. Nevertheless, Sophie's Manger shouted
at her and said she is no longer competent for job and as a result, she did not return to work 2.
Due to irregularities, she receives a letter stating that absence of his work is considered as
resignation, along with this, no bonus is given to her. So, it is considered as wrongful dismissal
act. This is because she is having an employment contract with firm. Thus, there are several
T&C mentioned which needs to be adhered by Sophie as well as company. Further, without
considering any rules, company terminated her without giving any prior notice. In contract, it is
also mentioned disciplinary procedure to be followed whereas firm has not followed. The
wrongful dismissal of Hitch and Ami is because they have not given any notice to Sophie before
terminating her.
Therefore, it is stated that this act is clear wrongful dismissal of Sophie. She has not
received any notice from company side regarding resignation3. So, it is wrongful dismissal in
which employee is forced to leave or quit his/her job not because they want to, but because of the
1 Buchanan, Dennis D. "Defining Wrongful Dismissal: The Alberta Schism." Alta. L.
Rev. 57 (2019): 95.
2 Li, Chenyang. "You Can't Fire Me: The Problems with Wrongful Dismissal Damages in
Canada." WJ Legal Stud. 7 (2017): 1.
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employer’s actions. The resignation is a result of shouting of Nick on Sophie during a meeting
without any valid reason. This reflects that there is no authentic reason provided by the firm
regarding termination of Sophie. Along with it, employer did not follow a fair process in
dismissal as well. Therefore, Sophie can make claim against the firm under employment act
within 3 months 4. The employer is required to pay for damages up to £25000 as compensation to
employee as defined within contract, and also Sophie will be given net loss offered due to
wrongful dismissal.
So, the law of wrongful dismissal is suitable on Sophie due to immediate action taken by
a firm (termination) without giving prior information and reasons. Instead of this action, firm
might have sent notice that her misconduct of behaviour within working place is not tolerated.
Hence, without giving any prior notice, absence was considered as resignation. Here, legal action
can be taken against Hitch and Ami by Sophie. Along with that, it is found that Sophie is entitled
to get compensation. This is related to her performance related bonus, as it is clearly mentioned
in her employment contract. The company has breach contract and not followed the terms and
conditions 5. Moreover, in contract it is mentioned the disciplinary procedure that means to
follow a specific procedure for termination or in case of resign. Hence, it is reflected that the
case is related to wrongful dismissal of Sophie from her job and breaching of employment
contract. It is type of wrongful dismissal in which Nick has terminated without cause and refused
to pay performance bonus. So, it clearly shows breach of contract performed by company for
which it has to pay defined amount in the form of compensate.
In second case, it has been found that Eeshan who is employed by Hitch and Ami took
leave to visit his home country. So, he was also having a contract with company which was
getting expired on 1 November, Thus, Nick told him that if he did not come on 1 November than
3 Ismail, Suharne. "UNFAIR DISMISSAL OR UNLAWFUL TERMINATION: A
REVIEW OF SECTION 20, INDUSTRIAL RELATION ACT 1967." Journal of Law and
Governance 1, no. 1 (2018): 15-24.
4 Collins, Philippa. "Putting human rights to work: the protection of the human rights of
workers through the law of dismissal." PhD diss., University of Oxford, 2018.
5 Kolawole, Ibukun Olorunisola, and Olumuyiwa Ogunseye. "Termination of Contract of
Employment with Statutory Flavour and the Remedy of Re-Instatement: Curtailing Summary
and Unlawful Dismissal." JL Pol'y & Globalization 75 (2018): 94.
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