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Emoloyment Law - Case Study Example

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Emoloyment Law

1998).
In Emily Worth's case, a meeting was set on 17 July 2006, of which Worth was informed about in July 16, 2006. She was later handed a letter hours prior to the meeting signed by Head Teacher Pat Butcher alleging charges against Emily of "Abandoning your class, swearing and using abusive language, [and] "refusal to co-operate with the legitimate management decisions of the Head Teacher and behaving in an unreasonable and unprofessional manner." The letter also stated that the alleged offences were if proven would amount to gross misconduct.
In fact, gross misconduct which may merit instant dismissal requires acts such as failure to comply with reasonable and lawful instructions, theft, sale or consumption of alcohol, physical assault, breach of duty of confidentiality, sexual or racial harassment, fighting, and willful damage to an employers property, or attending work under the influence of prohibited drugs. The mentioned acts may not be exclusive but it has always been lawful that a proper investigation must be conducted of which the employees may also appeal.

Solicitor Royden (2006) listed below acts that may merit immediate dismissal as:
the employee is unable or unqualified to do the job in hand (e.g. long term sickness absence)
the employee's conduct is unsatisfactory (e.g. poor attendance)
the employee is legally prevented from continuing to carry out their job (e.g. a van driver who loses their license)
redundancy (e.g. due to closure of premises)
some other substantial reason (e.g. a refusal to agree to a necessary and reasonable change in terms and conditions of employment) (Royden, 2006),
Consequently, Emily Worth was dismissed by the school based on the following grounds:
1. Abandoning classes;
2. Swearing and using abusive language;
3. Physically barring the exit of a member of staff; and
4. Refusing to co-operate with the acting Head Teacher.
Emily's case will have to be evaluated based on applicable law, rules and regulations and jurisprudence. In this matter, the disciplinary hearing has to prove that due process has been undertaken prior to dismissal of Emily Worth.

There are two ways to show that a dismissal was not unfair, of which the employer or its representative must have a valid reason for dismissing an employee or that they have acted reasonably in the circumstances in that an adequate investigation must have been conducted prior to dismissal. The employer or its representative was required to have taken the statutory minimum disciplinary procedure as required by law in order to dismiss the employee legally. The employer or its representative could have sent a written notice to Emily Worth stating the ground or conduct that led them to disciplinary action. It also may contain the reason why the employer has the ground to ...Show more

Summary

The United Kingdom operates a highly liberal labour market with minimum legislative and administrative interventions with employment rights shaped around the common law of contract. Specialist employment tribunals are empowered to hear almost all kinds of individual disputes integrating elements in civil court structure (Federation of European Employers, 2006).
Author : reubencasper
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