CASE STUDY A V. B

Case Study A v. B

Case Study A v. B

Introduction

The following paper is based on the case study in which Employment Appeals Tribunal getting the main focus. A short introduction of the paper is that appellant filed an appeal in which he challenges that he was dismissed unfairly from the employment by his employer. A little background of the case is that the respondents are the local authority. And its part of their job to provide assistance to residential homes for children who acquiring residential care. A guy named Mr. Edgar was the manager of one of the children's home. The appellant was basically employed as a residential social worker. The duty he was involved in was looking after a group of teenage children as a part of team. He was accused by a lady that her daughter ran away from the home and claimed that her daughter was at home with the member of the staff employed by the local authority. The other day, the appellant was interviewed by Mr. Edgar and he totally refused the allegations made by Miss B. However, after few days, the appellant was suspended from the duty as per the investigation rules. In a nut shell, the investigation prolonged for almost two years and still with no solution. Therefore, in this paper, the author highlighted few points that might be helpful in highlighting the appellant scenario in a more appropriate manner.

Claims made by A

Claim of unjustified dismissal 

To be eligible to make a claim of unjustified dismissal, the employee must meet certain requirements. It must work full or part-time, but, the actual number of hours worked each week, it does not matter. Employees must continue uninterrupted for at least one year, except in situations where redundancy is associated with the following issues: 

question of the union, such as the refusal of accession or join a union; 

the exemption has to do with the laws relating to pregnancy and maternity; 

the exemption is associated with discrimination on grounds of sex, age, race or disability (in this

situation, the employee should be considered rather making a claim for discrimination, rather than the claim of unjustified dismissal.

In the case of dismissal of an employee demanding the recognition of his legal rights, statutory rights include the rights contained inter alia in the regulations on working time, the law on tax relief of 1999 and the regulations on employees employed on a part-time job in 2000 (Citizens Information, 2012).

Claims from the fact of the case

Legal Rights

A claim for wrongful dismissal is an appropriate measure in all circumstances. The employer has a good reason and can fire an employee immediately (without notice) if the employee has committed a serious breach of contract. This could be, for example, theft or any other crime.  An employer is not required to prove that the theft took place; it can fire an employee solely on the basis of immediate suspicions. Similarly, if an employer commits a serious breach of contract, the employee has the right to cancel without ...