Problem
You have recently been appointed as a Human Resource Assistant in a large textiles company which has sites in Leicester, Nottingham and Derby. Knowing that you have studied employment law, your line manager has asked for your opinion on the following issues. Refer to relevant case law and legislation in your response.
Gabrielle joined the company as head of design in July 2020. She has a high profile and her recruitment was a considerable coup for the company. Her contract stated that she could be dismissed with three months' notice. It also provided for a disciplinary procedure which includes the right to attend a disciplinary and appeal hearing. Last week one the managing directors of the company was informed by a journalist that Gabrielle has been bullying her assistant designers and that it was well known in the fashion industry that she is a 'slave driver'. She was suspended and escorted from the premises. In the time that she has been employed by the company she has never had any complaints made against her by the staff and she has protested that this is a case of mistaken identity. Following an investigation, the company is about to inform Gabrielle that she is to be dismissed but that she has the right to appeal against the decision. The appeal must be lodged within seven days and will be dealt with by written evidence alone. Would the company be able to successfully defend an unfair dismissal claim? Does the company need to be concerned about any actions that could be based on the common law?
To save money the company is having a freeze on recruitment and intends to make 25 machinists redundant. The company has put 70 machinists in the pool, which includes staff from all three sites. All the machinists are members of the Midlands Union of Machinists ('MUM'). The Director of Human Resources decided that the machinists would be ranked according to their length of service, attendance record and whether they had any disciplinary warnings. The arrangements were discussed with senior staff but there was no discussion with the machinists. The rankings have now been completed and 25 machinists selected for redundancy are soon to be informed. The intention is to notify them in writing and they are to be told that if they have any queries they should contact HR in writing. What advice would you give to try and prevent the company facing claims at the employment tribunal?