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Law Question about wrongful dismissal...?
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Law Question about wrongful dismissal...?

Hi. I have to answer this question to the following text:
Q: 'Advice Clarence as to whether Ian can present any legal claim against the company. Your advice should include explanation of any remedies Ian will receive if any legal claim succeeds. In answering this question you may assume Clarence has agreed in writing with Ian that he is not required to follow the company's grievance procedures.'

Ok. The above questin relates to the following text:
'Ian is the security guard at the factory. Ian has never been trained to use a computer. Clarence decides to computarise the factorys surveillance system. Ian informs Clarence taht he cannot understand on how to operate the new system and is now finding his job very stressful. Three weeks after the installation of the system Ian resigns from the job on the basis that it is making him ill as he has been unable to cope with the change of system.
At the date that he left the company Ian was aged 55 and had completed eight months employment. His gross pay was £450 a week and his net pay was £350 a week. Under his contract Ian was entitled to eight weeks notice. Since leaving the job ians doctor has diagnosed thatr ian is suffering from stress related depression and will not be fit for work of any sort for a preiod of 6 months.'

I just dont have a clou!!! Please help!!!!!


    




SmartA$$
If I help you with your law homework, are you still going to charge me for legal advice after you get your license?

By the way,

Advice is a noun, Advise is a verb. and the word is Clue not clou.


Shane
Rating
Ian has nothing for a number of reasons.


joediamond11
Rating
Ian HAS NO CASE for anything under UK law.

he has only worked there 8 MONTHS, therefore he is not entitled to claim for unfair or wrongful dismissal. You have very few employment rights in the UK until you have completed 12 months continual service.

Apart from that as is normal in all jobs he will be expected to learn new skills as the job changes,
we are not told whether he was offered training.

If he was offered training then he also has no claim against the company, as his job is to manager security in line with company policy.

If he's only worked 8 months, its very very unlikely he would have 8 weeks notice to give. Mostly it'll be a week in a normal industry.
He is not entitled to any other pay (apart from the actual hours he's worked)
He walked out of the job with no case and so broke the contract.
Most businesses might just pay the notice period to make him p*ss off and go away quietly!!!

The company could also ask for an independant doctors opinion as 6 months off work for not being able to use a computer is EXTREMELY excessive. Nobody gets that stressed about it.


GAVIN E
Ian could have a case for constructive dismissal.

Had he been trained on how to use the new computer system, he would not have been stressed, and therefor not quit his job.





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