(Solved): UK Employment Law about employee's rightsQuestion:Answer outline tips: Last month Denise wa ...

UK Employment Law about employee's rights

Question:

Answer outline tips:

Last month Denise was dismissed from her job as a teaching assistant in a large Comprehensive school located in Wrexham. She had worked in the school on a full- time basis for five years. She blames herself for the dismissal and thinks that she probably deserved to be sacked given her conduct. She had returned to her work one Friday afternoon having drunk four large glasses of wine in a local pub at lunch time. She had then apparently sworn loudly at a teacher in front of several pupils. When reprimanded about this incident by the Department Head, Cathy, she had sworn at her and was seen punching her on the left jaw. She had been summarily dismissed there and then without notice. Denise has since discovered from a friend that her dismissal might in fact be classed in law as being unfair. Explain whether Denise has a claim under unfair dismissal. What should have been done in terms of procedure? Advise Cathy as to the best course of action to be taken by the school now. (50 Marks) This particular question involves the steps a company should take to fairly dismiss an employee to avoid a claim for unfair dismissal being made against that company. Students will be required to explain what is unfair dismissal - Employment Rights Act \( 1996, \mathrm{Sc} 94 \) states 'an employee has the right not to be unfairly dismissed by his employer.' However before an employee can claim unfair dismissal he/she must meet certain criteria - explain what are they? Misconduct falls within the so-called potentially unfair reasons for dismissal and are set out in Sc 98 of the ERA 1996. When dealing with potentially unfair dismissal 2 issues need to be asked (Sc 98(4)) - 1. Did the employer's decision to dismiss fall within the range of responses that would have been made by a reasonable employer? Explain 2. Were the procedures followed fairly? Explain the ACAS guidelines. Explain potential penalties if the company does not follow these procedures. Also consider the best course of action by the school - they could advise Denise that the fact that she is unlikely to receive anything other than nominal damages, she should accept a small compensatory payment from the school as a final settlement.