UK Employment Law Assignment 4
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1. John and Eric were fighting at work. They have never got on very well, and the fight appears to have been the result of a number of disagreements over the years. John is the Supervisor, and Eric is one of the team. A customer saw them fighting, and their manager is furious that they have damaged the reputation of the company in this way.
The manager wants to dismiss them both. What would he need to show for the dismissal to be fair?
MAKE REFERENCE TO THE IMPORTANCE OF FOLLOWING THE CORRECT DISCIPLINARY PROCEDURE AND THE NEED FOR INVESTIGATION NOTES, WITNESS STATEMENTS, AND THAT BRINGING THE COMPANY’S REPUTATION INTO DISREPUTE IS CONSIDERED GROSS MISCONDUCT AND LIABLE TO SUMMARY DISMISSAL
REFER TO AT LEAST TWO RELEVANT UK CASE LAWS IN YOUR ANSWERS
2. Amy is a Sales Assistant in a supermarket. She has been very slow at processing goods through the till. On a busy Saturday morning customers were complaining about the speed of her work. She got flustered, which meant that one customer was charged the wrong amount for the goods. Her manager came over, got frustrated and shouted at Amy in front of the queue of customers.
Amy has now resigned and claimed constructive dismissal. What will she have to show for her claim to be successful?
REFER TO AT LEAST TWO RELEVANT UK CASE LAWS IN YOUR ANSWERS AND UK STATUTE LAW WHERE APPLICABLE
3. The company recognises a trade union, but has always had an unwritten agreement that managers are not in the trade union. The recognition agreement that they have only applies to junior members of staff, and it has been seen as inappropriate for managers to be both representing the senior management of the company and also to be in a trade union.
Raj has been promoted to management level. He has been a member of the trade union all his working life. He has been asked to resign by his senior manager and has refused. He says that he wants the company to extend the recognition agreement to include managers, and therefore there is no reason for him to resign his membership.
What legal issues does the company need to consider?
REFER TO AT LEAST TWO RELEVANT UK CASE LAWS IN YOUR ANSWERS AND UK STATUTE LAW WHERE APPLICABLE