Leeds Beckett University, Employment Law 4000 words

Employment Law
Written assignment questions [answer both question 1 AND question 2]
Question 1 (approximately 2,000 words)
“We take it as inherent that there may well be conduct which is likely to destroy or
seriously damage the relationship of trust and respect between employer and
employee…and it is in this sense that we consider that in the field of employment law
it is proper to imply an overriding obligation [of trust and respect] which is in addition
to the literal interpretation of the actions which are permitted to the employer under
the terms of the contract”

United Bank Limited v Akhtar [1989] IRLR 507 at 512
Discuss and critically evaluate this statement with reference to relevant
legislation, case law and academic commentary.
Your answer should refer to a minimum of three relevant academic journal
articles.

Question 2 (approximately 2,000 words)

You should answer ANY THREE OUT OF THE FOUR scenarios below and use
roughly the same number of words on each of the three scenarios (totalling
2,000 words)

Scenario 1
Ashdown Limited (Ashdown) sells bathroom equipment. In October 2021, Ashdown
engaged the services of Naheem Malik, a marketing consultant.
Recently Naheem has been late for a number of important meetings and Ashdown
wrote to him informing him that his services were no longer required, and that
Ashdown terminated their relationship with immediate effect. Naheem has
threatened to take Ashdown to an employment tribunal claiming unfair dismissal.
As far as Ashdown understands, Naheem has other clients. When working for
Ashdown, he works from home, although he attends the office occasionally for
business meetings. Ashdown have provided Naheem with all of the necessary
equipment for a home office. He is able to turn down work when offered by
Ashdown, although if it is work for an important client, then there is an expectation
that he will do this. Naheem uses his own car for client visits, he is paid for the miles
that he travels on the same basis as Ashdown’s employees who use their own car
for Ashdown’s business. Naheem is expected to submit monthly reports setting what
work he has carried out in the previous month and has regular meetings with the
Marketing Director. The written agreement between Naheem and Ashdown contains
the following clause:
“The Sub-contractor and Ashdown agree and acknowledge that the Sub-
contractor is not, and it is the intention of the parties that the Sub-contractor
should not become, an employee of Ashdown”
The agreement also states that if Naheem is ill or otherwise unable to work, he may
send someone else to do the work for him, provided that this alternative person is
approved by Ashdown.
Advise Ashdown on Naheem’s employment status.

Scenario 2
Coby Wu has worked for Ashdown for 4 years as an accounts manager. For the last
few months there have been concerns over the quality of his work and although his
manager has had a quiet word with Coby about this, no proceedings under the
disciplinary policy have been started. Last week, Coby submitted his resignation and
he has been offered a job at another company. Coby’s new employer has contacted
Ashdown for a reference. The new employer has asked about the quality of Coby’s
work.
(a) Is Ashdown required to provide a reference? If Ashdown provides a
reference, should the reference mention any issues with the quality of
Coby’s work?

Coby is currently working his contractual notice period of three months. Ashdown is
concerned that Coby may be disruptive whilst working his notice and wonders
whether
it would be possible to put Coby on garden leave. In addition, Coby’s new employer
is a competitor of Ashdown. There is a clause in Coby’s contract, which states that
he
is not able to work for “any business in the UK which competes with Ashdown for six
months post the termination of employment”. Ashdown would like to rely on this
clause
to prevent Coby from working for the competitor for six months after the expiry of his
notice period.

(b) Please explain the concept of garden leave, whether Ashdown would be
able to put Coby on garden leave during his notice period and the
legal implications of doing so. Please, also advise on the enforceability
of the clause in Coby’s contract.

Scenario 3
Megan started employment with FoodRite Limited (FoodRite) on 1 March 1999.
FoodRite operates a national chain of convenience stores. Megan was employed as
a section leader in the Dewsbury store, a full-time position. Megan had an exemplary
employment record and had been awarded the “Employee of the Month” award on a
number of occasions during her employment.
On 17 November 2022, Megan was stopped in the Batley branch of FoodRite and
accused of shoplifting by a security officer. She said to the security officer that she
put the items in question in her bag and had not paid for them, but that she had
every intention of doing so and that she would not have left the store without paying.
When Megan’s line manager was informed of this, he asked Megan to attend a
disciplinary meeting. This meeting took place on 20 November 2022. At the
meeting Megan admitted that she had put the items in her bag, but explained that
she had had a lot on her mind and that she was absent-minded and had put the
items into her bag by mistake. Megan contended she had done nothing wrong and
that she was not being treated fairly. The meeting only lasted for 15 minutes and
Megan did not feel she had been given the chance to put her case fully. Following
the disciplinary hearing, Megan received a letter telling her that she had been
dismissed with immediate effect.
Advise Megan on whether she would be able to bring a successful claim for
unfair dismissal or wrongful dismissal against FoodRite (please advise on
both wrongful and unfair dismissal).
Scenario 4

Corrigan Limited (Corrigan) is considering streamlining its manufacturing operations
at their Leeds site following the introduction of some new machinery. The proposal is
to reduce the relevant part of the manufacturing workforce from 35 full time
equivalent employees to 10.
Corrigan informs you that they would like to select those employees to be dismissed
on the basis of the following: how long they have worked for the company, number
of days’ illness absence in the last few years and enthusiasm for the role.
Corrigan has another manufacturing site in Bristol and has some vacancies available
at this site.
Consider what procedure(s) Corrigan would need to follow if it were to take
this proposal forward. What advice would you give in relation to the
suggested basis on which to select those who will be dismissed? Would
Corrigan be obliged to offer the vacancies at their Bristol site to the potentially
redundant Leeds’ employees?