Problem:
You own the tourist tour operator and Jade has been employed as the customer advisor since 1 January 2009. In the year 2011, you received many complaints from customers regarding Jade’s impolite behaviour towards customers. In December 2011, you spoke to Jade informally and she promised to transform her attitude. But, in 2012, you have again received many complaints from customers with regards to Jade’s attitude and you feel that since Jade is the first point of contact with your customers, her attitude can be damaging to your business. You wish for terminate the Jade’s employment contract.
Required:
Question 1: Illustrate out “Worker” under the Employment Rights Act 2008.
Question 2: Discuss and explain Section 38 of the Employment Rights Act 2008 – “Protection against termination of agreement”.
Question3: What are the processes you’ve to follow under Employment Rights Act 2008 in order to avoid the Court seeing Jade’s dismissal as an unfair dismissal in the event that Jade enters a court case against you?
Question4: What would be legal consequences if Jade wins her court case against you and how would compensation, if any, be computed?
Question 5: Further, Jade, unaware that her employment contract will be terminated, asks you how many paid sick and holiday leaves she is entitled to. What will your answer be? Will your answer be any different if she had been in employment for only 6 months?