Employement Law Guidance Please

What topics do you think you need to be looking at?

Well for the first question i think its "unfair dismissal and grievance"?

For the second question i cant seem to figure it out:/:

There's certainly an issue as to unfair dismissal. Whilst I can't say for certain what the differences are between how you're expected to approach questions like this from an academic perspective and how I would approach it from a practice perspective, there is a specific case that deals with gross misconduct dismissals. I would be surprised if you weren't expected to consider it. 'Grievance' in and of itself is not a cause of action, though the procedural fairness of the dismissal is, which would encompass that aspect.
Start with the question as to whether he has actually been dismissed, and go from there. Again I don't know how you are expected to approach the question from an academic perspective, but to my mind there are issues to address whether you consider he has been dismissed or not, and for completeness I would address both eventualities.

Okay, thank you so much for your help, but want do you mean when you say "i dont know how you would approach it from a academic approach?" Do you mean the method of which i need to use to anwser the question such as ILAC(issue, law, application and conclusion)?

Thanks

Hi, studying Employement law, we are given this scenario which we need to solve and find out the solution. I just need some guidance to be able to know what topics I need to look at that's all, so if anyone can help, it would be much appreciated. I think I know the topics that needs to be looked at but I need a 2nd opinion to be sure so any help would be grateful. Scenario Is written below with the questions.


Accounting for Small Business (AFSB) owns a number ofaccountancy firms in the South and West of England. Dennis has been employedfor twelve years as a junior accountant in its Head Office in Portsmouth. Six months ago Sarah was appointed as thenew Office Manager and relations between Dennis and Sarah have not been good.Dennis regards Sarah as being unduly authoritarian in her relations with staff,and believes that she often picks on a few members of staff to do the most demeaningwork. Sarah regards Dennis as having an unprofessionalattitude to his job and for being more concerned with the office environmentthan with getting on with his work. Dennis on the other hand considers himselfto be a good employee who cares about his colleagues.

One day Sarah brings the staff together to tell them that shefinds lateness very irritating and states that to ensure they all think abouttheir commitment to the firm anyone who is late will be asked to do additionaltasks. The next morning, Raj who has anexcellent work record and has worked at the firm for three years arrives 20 minuteslate as his train is delayed. Raj immediately apologises to Sarah however Sarahdoes not want to listen and states that as the office cleaner is ill he shouldclean everyone’s desk before he leaves that evening. Using very stronglanguage, Raj refuses to comply with Sarah’s instructions on the basisthat it is not part of his job to do such work, and that it would be moreappropriate to instruct one of the other cleaners to do this work. Raj alsoinforms Sarah that he is fed up with being picked on and is not prepared toaccept Sarah as having any further authority over him.

The next dayRaj is summoned to the office of Glen Jacques, the Managing Director of thefirm. Glen informs Raj that he is to attend a disciplinary meeting later thatday and that he has the right to bring a colleague. At the meeting Raj is informed that he is tobe dismissed summarily for gross insubordination (in that he refused to obey alawful instruction) and gross misconduct and that contrary to normalprocedures, Glen has decided that as there were plenty of witnesses to theinsubordination and to the foul language he used, it would be a waste of timeto hold an appeal. Raj is told to clear his desk and leave.

Later thesame day Dennis asks to see Glen and discusses with him all his feelings aboutSarah and tries to explain how poor office morale is since herappointment. Glen is furious and sendsan email to everyone stating that ‘Sarah is the boss and what she says goes andthat if Dennis has a problem with her then he is obviously not up to the joband that he should leave’. On readingthis Dennis too goes home.


Question 1 AdviseRaj of any claim he may have


Question 2 AdviseDennis of any claim he may have

What I mean is I am looking at the question from the perspective of a practitioner. So my answer would comprise of what I would say if someone actually came to me with that problem in practice and asked for legal advice. My concern is that I don't know to what extent that approach would marry up with the approach that you're expected to take as a law student. It's one of the reasons that I've hesitant to give you a detailed answer, the other being that you should fundamentally be able to do the work yourself anyway.