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seminar questions and answers on employment law
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EMPLOYMENT LAW – WEEKEND 3Questions 1 and 2 recap material covered in Unit 2.
Question 1 – Termination of the Contract of Employment
a. Briefly explain the difference between constructive dismissal, summary dismissal,
wrongful dismissal and unfair dismissal.
- Constructive dismissal =
-
Question 2 – Termination of the Contract of Employment at
Common Law
a. How can a contract of Employment be terminated at common law?
- Frustration
- Imprisonment
-
b. What is the contractual remedy for wrongful dismissal?
- Damages
Reading for questions 1 and 2
Smith & Woods section on “Discharge at Common Law”: pages 430 -
481.
Question 3 – Unfair Dismissal
, Money is employed as a clerk at the Nottingham branch of Sharkleys Bank
PLC. She is married and her husband works in Nottingham. The bank
informs her that, in three months time she will have to transfer to its
branch in London. She refuses because of her domestic circumstances.
The bank tells her that she has no option: either accept the move or
leave. A month later, having found a better job with another bank in
Nottingham, she resigns.
Put forward:
a. an argument to support Money’s claim that she has been dismissed for the purposes
of Unfair Dismissal, and
- if worked for over 2 years so makes her eligible to claim
- the bank is forcing her and not giving her a reasonable option
- argument of reasonableness
- mobility clause?
- Mutual trust and confidence
- United bank v Akhter
- Not taken account her personal circumstances?
- It has to be in the contract to move her
-
b. an argument in support of the bank’s response to her claim.
- No break of mutual trust & confidence so no claim for dismissal
- Adequate notice given
Question 4 – Unfair Dismissal
Ruby has been employed as a part-time lecturer in degree level English
at the Pinkshire University for four years under a series of fixed term
contracts running from 1st October to 31st May in each year. The present
contract allows either party to terminate the contract at any time by
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