Employment Law Assignment
UNIVERSITY OF SALFORD, SALFORD BUSINESS SCHOOL, HRM& DEVElopment | EMPLOYMENT LAW ASSIGNMENT | EMPLOYMENT TRIBUNAL JUDGEMENT REPORT | | ELEONU, EKEOMA CHIEMEJOLAM, @00345028 | 2/22/2013 |
A tribunal Judgement report on constructive and unfair dismissal, detriment as a result of whistle blowing/ protective disclosure, injury to feelings etc. |
EMPLOYMENT LAW MODULE,
LECTURER: JONATHAN LORD.
TABLE OF CONTENT
Cover page 0
Table of content 1
INTRODUCTION
Jurisdiction of the case within the S(3) of the Employment Right Act 1996. 2
Summary/Background of the case 3
JUDGMENT OF THE CASE
REASONS 5
The claim and issues. 5
Constructive and unfair dismissal 5
Protected Disclosure 7
Remedies of the case 9
Bibliography/References/Case/Statutes 10
Appendix 11
INTRODUCTION
Jurisdiction of the case within the S (3) of the Employment Rights Act 1996.
A claim made as a result of the termination of the employee’s employment relating to the following:
The Claimant lodged: (i) A claim for Unfair and Constructive dismissal On 28/08/08; (ii) A claim for protected disclosure, by reference to inability on the part of the Respondent to comply with legal duties. (iii) The Claimant was put through detriment because he made a protective disclosure, and the detriment includes the following; a) Harassment and unreasonable treatment (bullying) by the Professors. b) The Claimant was upset and distressed, associated with failure to comply with the statutory grievance procedure. c) Breaching employment contract to a fundamental degree, leading the Claimant to resign from employment, to relocate to another work place and incurred substantial cost. d) Causing the Claimant significant upset and injury to his feelings.
CLAIMS:
Basic Award £1,485.00
Compensatory Award £ 33,520.91
Injury to feelings £10,000.00
SUMMARY/BACKGROUND OF
A tribunal Judgement report on constructive and unfair dismissal, detriment as a result of whistle blowing/ protective disclosure, injury to feelings etc. |
EMPLOYMENT LAW MODULE,
LECTURER: JONATHAN LORD.
TABLE OF CONTENT
Cover page 0
Table of content 1
INTRODUCTION
Jurisdiction of the case within the S(3) of the Employment Right Act 1996. 2
Summary/Background of the case 3
JUDGMENT OF THE CASE
REASONS 5
The claim and issues. 5
Constructive and unfair dismissal 5
Protected Disclosure 7
Remedies of the case 9
Bibliography/References/Case/Statutes 10
Appendix 11
INTRODUCTION
Jurisdiction of the case within the S (3) of the Employment Rights Act 1996.
A claim made as a result of the termination of the employee’s employment relating to the following:
The Claimant lodged: (i) A claim for Unfair and Constructive dismissal On 28/08/08; (ii) A claim for protected disclosure, by reference to inability on the part of the Respondent to comply with legal duties. (iii) The Claimant was put through detriment because he made a protective disclosure, and the detriment includes the following; a) Harassment and unreasonable treatment (bullying) by the Professors. b) The Claimant was upset and distressed, associated with failure to comply with the statutory grievance procedure. c) Breaching employment contract to a fundamental degree, leading the Claimant to resign from employment, to relocate to another work place and incurred substantial cost. d) Causing the Claimant significant upset and injury to his feelings.
CLAIMS:
Basic Award £1,485.00
Compensatory Award £ 33,520.91
Injury to feelings £10,000.00
SUMMARY/BACKGROUND OF
References: Therefore I conclude with the above fact that the Claimant was constructively dismissed and unfairly dismissed, a similar case is Price v Surrey County & Ors, WA Goold (2011) 10 SM 0450 (UKEAT), Pearmark ltd v Mcconnell (1995) IRLR 516. Upex (2006) outlined 6 categories of subject matter and six procedures by which a disclosure may be made. The employee is protected when the circumstance fall within one of the subject matter categories.