Employment Law Assignment

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EMPLOYMENT LAW
ASSIGNMENT

TABLE OF CONTENTS
SCENARIO 1.............................................................................................................................3
Introduction............................................................................................................................3
Findings..................................................................................................................................3
Conclusion..............................................................................................................................4
Strength and weakness of company’s case............................................................................5
Recommendation....................................................................................................................6
SCENARIO 2.............................................................................................................................7
Introduction............................................................................................................................7
Analysis and Findings of the case..........................................................................................7
Conclusion..............................................................................................................................9
Recommendations..................................................................................................................9
REFERENCES.........................................................................................................................11

SCENARIO 1
Introduction
Unfair dismissal can be referred to a situation in which appropriate opportunity is not
provided to claimant for proving his innocence. In present scenario same situation has been
presented along with the manner of dealing and taking out appropriate solution. In order to
conclude with corrective measure, the situation has been assessed in detail along with the
available legal provision as well as decision made in previous case laws. Lastly
recommendations have been provided in order to deal with the similar situation in future.
Findings
Unfair dismissal and wrong dismissal claims
Every individual has a right to get a second chance but in present scenario Jack has not given
her a warning which is not right. Thus, the legal issue evolved is unfair dismissal as second
chance was not provided to Lucy, even though she has accepted the mistake but Jack has not
listened to her and starts shouting at her.
Major decision has been taken by line executives with no clear guidance
It has been seen in the present scenario that the important decision of the company are taken
by executives with no clear guidance. The same implies that decisions are taken without
having conversation with Pete who is the HR executive. It can be assessed that the decision
of dismissal of Lucy was taken without having discussion with other senior executives.
Further, it is very important for the company to take decisions with legal guidance as one
wrong decision can have negative impact on company. Along with this it has been assessed
that there are only some policies which are up to date and procedures for administration of
human resources and remaining are obsolete policies.
Outdated formal disciplinary and formal grievance procedure
Another legal issue is implementation of obsoleteformal disciplinary and formal grievance
process from the website of government without any alterations. The company should adopt
latest procedure as it will assist company in taking appropriate decisions relating to
organisation.

No formal training to deal with difficult issues
It is stated by Kavanagh and McRae(2017), employees of the organisation should be provided
appropriate training related to addressing of difficult issues. If employees are not provided
with the appropriate training than they will get panic in difficult situations like in present
case. Lucy has no idea that the microwave is for display purpose only due to which she has
tried to warm coffee in it which leads to fire in showroom and due to no training she was not
able to handle the situation in appropriate manner.Hence, if training relating to usage of
appliance was provided than the incident which had occurs could have been avoided.
Conclusion
According to Howe, Berg and Farbenblum(2018), wrongful dismissal can be defined as the
dismissal of violation of agreement. In case, if someone is dismissed unethically he/she can
proclaim reimbursement for all financial as well as other benefits that would have been
obtained had they been dismissed in obedience with agreement. The same implies that he/she
had they remained employed till the end of their time period of notice or till the finish of
agreement’s specified term. Further, few contracts might define fixed amount which will be
compensated at the end of contract officially, either as a substitute to giving notice or as the
way of termination.On the other hand, there are some agreements which specifya fixed
amount which is to be compensated when there is dismissal in violation of contract.
In order to refute the claims of Unfair and wrongful claims in case they reach the Tribunal,
the company requires proving the negligence or irresponsible behaviour of the
employee(Millington, 2015). As in present case Lucy did not informed HR manager or any
other executive after happening of the accident. Moreover, one cannot prove the innocence
only on the basis that he or she was panic due to accident. With accordance to Mohamedand
Ali(2014), a responsible employee requirestaking decision with patience as well as requires
informing seniors in case he or she is not able to manage the situation. In present case
company might attempt to resolve the case outside the Tribunal, through providing a second
chance to Lucy. Further, company could end up the employment contract through providing
predetermined or reasonable amount of Lucy in order to withdraw the case from Tribunal.