Unfair Dismissal Problem Question

Unfair Dismissal Problem Question This question would be regarding on the areas of unfair dismissal, wrongful dismissal and whether Carmen could bring a claim under Employment Tribunal(ET) for her dismissals. Firstly, Carmen would need to fulfil the qualifications under ACAS to bring a claim. Carmen would need to proof that she is the employee of the hospital and had worked for the same employer for at least 2 years after 6th of April 2012. On the facts, she is a nurse who work in Mount Vernon Hospital, Wimbledon, London for the past 11 years. Next, she would then need to prove that she has ordinarily working within United Kingdom(UK) as per the case of Ravat v Halliburton Manufacturing and Services Ltd[1]. On the facts, she had worked in London which it is clearly within UK. Then she would then need to prove that she was not employed on an illegal contract and not under the exclusion of class which is the armed forces. On the facts, it is clear that she is employed lawfully as a nurse and she was not in the excluded class. Furthermore, she has the burden of proof to prove that she had been dismissed under s.95 of Employment Rights Act 1996(ERA).[2] On the facts, she had been summarily dismissed which is dismissal without notice as she was alleged to be breach in contract due to her drunkenness in work. Moreover, she would need to bring the claim by submitting a form of ET1 for her unfair dismissal claim to the Employment Tribunal nearest to her employer in 3 months from the effective date of termination of the employment contract. However, Carmen would also need to send her employer and her contact details to the The Advisory, Conciliation and Arbitration Service(ACAS) as they will attempt to conciliate within one month under s.7 of the Enterprise and Regulatory Reform Act 2013(ERRA) which came into force in April 2014. If it fails, then the officer will issue a certificate to this effect and Carmen would need this certificate to file the ET1 form. On the facts, the effective date of termination for Ca rmen would be the date of she received the summary dismissal letter as per s.97(1) of ERA. However, the employer would have a defence if the reasonableness for the dismissal could be justified. The burden of proof would then shift to the employer. The Mount Vernon Hospital would need to prove that they had honestly believe that the facts disclosed a fair reason at the time of dismissal of Carmen and there is no need for a positive proof that the offence has been committed as per Devis Sons Ltd v Atkins[3]. However, an evidence would be considered if it relates directly to the reason for the dismissal. There could be more than one reason but if one of the reasons cannot be substantiated, the employers defence would fail even if the other reasons are valid as per Smith v City of Glasgow DC[4]. On the facts, the Mount Vernon Hospital would argue that Carmens dismissal was due to her drunkenness at work which was witnessed by Kelly where she smells alcohol in Carmens breath and her speech was slurred. Thus, the test laid in the case British Home Stores v Burchell[5]would be discussed to determine the reasonableness for Carmens dismissal as it was a misconduct dismissal. It is a 3 steps test which includes whether the employer reasonable belief the misconduct, whether it is based on reasonable grounds and whether a reasonable investigation that has been carried out. Firstly, in Salford Royal NHS Foundation Trust v Roldan[6] where it follow the test laid down in Burchell, it was held that the proof of misconduct would not need to be irrefutable. On the facts, it could be argued that the Mount Vernon Hospital had reasonably belief that Carmen was drunk in her work as the proof was that the Kelly had witnessed the incident. Then, the Mount Vernon Hospital would need to show that the belief was based on a reasonable ground. On the facts, it could be argued that it was based on the fair ground of Carmens misconduct under s.98 of ERA 1996. Next, the employer would need to carry out reasonable investigation on the established facts as per Stuart v London City Airport[7]. However, on the facts, it was unclear whether there is a reasonable investigation for Carmens misconduct. An investigation is also required to be carried on employees defences as per Shrestha v Genesis Housing Association[8]. On the facts, it could be argued that the investigation was not clear enough as the Mount Vernon Hospital did not investigate the explanation provided by Carmen herself. Furthermore, Carmen had explained about her alcohol breath was due to the non-alcoholic wine and the slurred speech was due to the tiredness of working 12 hours for the past 5 days. However, this point was not taken by the Mount Vernon Hospital and they decided to just plainly believe the words of Kelly. The Code of Practice states that the employer should informed the employee formally in writing when there is a disciplinary matter and the employer should hold a meeting to discuss the matter as an employee is entitled for a fair hearing as per the case of Clark v Civil Aviation Authority[9]. Moreover, Carmen should also be informed that disciplinary action is being considered and the reasons for it as per Alexander v Bridgen Enterprises Ltd[10]On the facts, Carmen only received an invitation for a disciplinary meeting on but the reason of the meeting was not stated in the email. Even though the invitation was sent through an email, it would still be regarded as a form of in writing as per Wang v University of Keele[11]. Furthermore, the meeting should be held as soon as possible but there must be a sufficient time given to the employee to prepare his case. On the facts, it could be argued that there is not enough time given for Carmen as the meeting was held on the next day after th e incident. Other than that, the Mount Vernon Hospital must also allow Carmen to be accompanied by a companion to attend the meeting as per s.10 of Employment Relations Act 1999 and Stevens v University of Birmingham[12]. However, it was unclear whether that she was accompanied by someone to the meeting on the facts. Next, employee should be informed of the decision in writing and be informed of the opportunity of to appeal. On the facts, Carmen was informed of the decision by a letter and was informed of an opportunity of appeal. However, on the facts, Carmen thought that it was not worth appealing. The tribunal is also required to direct itself using the terms set out in s.98(4) of ERA 1996 which requires it to only consider the reasonableness of the employers conduct and not fairness to the employee. The tribunal would need to determine whether did the employer utilise a fair procedure and an employer is expected to observe a fair procedure open to a reasonable employer as per Polkey v Dayton Services Ltd[13]. A fair procedure guidance could be found in ACAS Code of Practice on Discipline Grievance 2015[14]. This test has been laid down by Lord Browne Wilkinson in Iceland Frozen Foods v Jones[15]which was also confirmed by P.O. v Foley[16]. Moreover, the tribunal would need to determine whether a reasonable employer might have adopted the same approach and reach to the same decision. The tribunal must not answer this question by substituting themselves for the employer. The substitution happens when the tribunal decide what would they have done if they were the employer. This approach has also been confirmed in Sainsburys Supermarkets Ltd v Hitt[17] where it was held that the test also question that whether the employers investigation into the suspected misconduct was a reasonable one in the circumstances. This test would still comply with the Article 8 of European Convention of Human Rights(ECHR) even though personal privacy might be invaded during the investigation as the traditional band of the test itself was compatible with the Article 8 in the case of Turner v East Midlands Trains[18]. On the facts, the investigation was not held thoroughly as stated above. Other than that, under s.98(4) of ERA 1996, it requires the employer to consider the merits or equity of the case. The employer would need to consider the employees length of service as per Strouthos v London Underground[19]. On the facts, the Mount Vernon Hospital clearly did not consider these factors of Carmen as she still has been dismissed even though she had worked in the hospital in the past 11 years and had a very good performance in her work. Furthermore, the Mount Vernon Hospital should also consider that whether the employee had acted consistently and whether is there a better alternative disciplinary action. On the facts, Carmen had a clean disciplinary record and there is no other similar incident happened after her misconduct. Hence, it could be submitted that Carmen had acted consistently as she had a good performance for the past 11 years as stated above but this was not considered by the Mount Vernon Hospital. Furthermore, it was held that in Diary Produce Packers Lt d v Beverstock[20] and Taylor v Alidair[21] that first offences of misconduct have to be very serious to justify the dismissal. On the facts, the Mount Vernon Hospital should have given a warning for her action instead of a dismissal as a better alternative. This is due to the severity of the reason of the dismissal, Carmen may not be employed by other employer in the future and this would affect her career. Other than that, Carmen may bring a claim under wrongful dismissal. A dismissal in breach of contract without notice or insufficient notice would be a wrongful dismissal. Wrongful dismissal is governed by common law action for breach of contract. It would be a wrongful dismissal if there is none or the notice period provided by the employer to employee is less than the minimum notice period under s.86 of ERA 1996. On the facts, a notice for Carmens dismissal was given by the Mount Vernon Hospital. However, the notice was given was less than the minimum notice period required. Hence, since Carmen had worked for the hospital for 11 years where she met the requirement of two years continuity, she would be entitled to 11 weeks with a maximum of 12 weeks of notice period. However, the Mount Vernon Hospital may argue that it was a summary dismissal as the is a repudiatory breach of contract by the Carmen. On the facts, it would be the gross act of misconduct where she was accused for being drunk during work. Hence, the Mount Vernon Hospital is entitled to dismiss her without any notice as they could argue that a serious act of negligence had been committed by Carmen which is being drunk during working time as per the case of Pepper v Webb[22]. However, Carmen would then argue that it was an alleged misconduct as she was not drunk at all as stated on the facts. Hence, if the ET held that there is no gross misconduct committed by Carmen or the misconduct was not so bad to be considered as gross, the Mount Vernon Hospital would then be held to be wrongfully dismissed Carmen as the notice given were less than statutory minimum notice period. In conclusion, in relation to the unfair dismissal claim, Carmen would be eligible to make a claim to ET. As stated above, it could be submitted that the Mount Vernon Hospital had unfairly dismissed Carmen due to the following reasons. Firstly, the Mount Vernon Hospital had failed to provide a fair procedure for the dismissal by failing to conduct a proper investigation and failed to give sufficient time for Carmen to prepare her case. Moreover, as stated above, the Mount Vernon Hospital would also fail the band of reasonable response test and failed to consider the merit and equity of the case under s.98(4) of 1996. The remedies available for Carmen in this issue would be reinstatement, reengagement, compensation of basic award, and compensatory award. On the facts, the maximum basic award of compensation that Carmen could claim would be  £5269 and it would be another 25% raise of the award due to the failure to follow the ACAS Code of Practice by the hospital. Other than that, sh e could also claim for a maximum compensatory award of  £78,962. However, the requirements for this which laid down in Norton Tool Co Ltd v Tewson[23] would be harder to be fulfilled by Carmen. Lastly, Carmen could also bring a claim under wrongful dismissal as there was an insufficient of notice period for her dismissal. The remedy available for Carmen for this issue would be to claim for a compensation with a maximum award of  £25,000 by bringing an action to employment tribunals for breach of contract. As stated above, a wrongful dismissal would be a breach of contract. [1] Ravat v Halliburton Manufacturing and Services Ltd [2012] UKSC 1 [2] Employment Rights Act 1996, s.95 [3] Devis Sons Ltd v Atkins [1977] AC 931 [4] Smith v City of Glasgow DC [1987] IRLR 326 [5] British Home Stores v Burchell [1978] IRLR 379 [6] Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522 [7] Stuart v London City Airport Ltd [2013] EWCA Civ 973 [8] Shrestha v Genesis Housing Association [2015] EWCA Civ 94 [9] Clark v Civil Aviation Authority [1991] IRLR 412 [10] Alexander v Bridgen Enterprises Ltd [2006] UKEAT 0107_06_1204 [11] Wang v University of Keele [2011] IRLR 542 [12] Stevens v University of Birmingham [2015] EWHC 2300 (QB) [13] Polkey v Dayton Services Ltd [1987] AC 344 [14] ACAS, http://www.acas.org.uk/media/pdf/d/r/Discipline-and-grievances-Acas-guide.PDF , Discipline and grievances at work, accessed on 28 February 2017 [15] Iceland Frozen Foods v Jones [1982] ICR 17 [16] P.O. v Foley [2000] EWCA Civ 3030 [17] Sainsburys Supermarkets Ltd v Hitt [2003] EWCA Civ 1588 [18] Turner v East Midlands Trains [2012] EWCA Civ 1470 [19] Strouthous v London Underground [2004] EWCA Civ 402 [20] Diary Produce Packers ltd v Beverstock [1981] IRLR 265 [21] Taylor v Alidair [1978] IRLR 82 CA [22] Pepper v Webb [1969] 1 WLR 514 [23] Norton Tool Co Ltd v Tewson [1973] 1 All ER 183

Essay --

France is a very large and well-known country. It is one of the largest European countries in land, after Russia and Ukraine. Twenty percent of France’s territory lies outside of Europe, known as â€Å"DOM-TOM.† The European territory of France covers 211,209 square miles. France is also one of the oldest states in Europe, founded in 843. French is the official language of England as well as 300 other countries. It is spoken by 270 million people worldwide. France has a population of 2.5 million citizens and twenty percent of the citizens live in the Parisian region. Paris, the capital of France, was founded by Celtic tribe, Parisians, and settled around 4,200 BCE. France shares borders with several other countries. Those countries include Belgium, Germany, Italy, Switzerland, Luxembourg, Monaco, Spain, and Andorra. France is 15,782 feet above sea level. The highest point is in Western Europe, Mont Blanc, between France and Italy. The lowest point is Rhà ´ne river delta, measuring only two meters above sea level. The Rhà ´ne is one of the major rivers of Europe, measuring 505 miles, starting in Switzerland and running through southeastern France. Near its mouth on the Mediterranean Sea, the river divides into two branches, the Great Rhà ´ne and the Petit or Little Rhà ´ne. Some other river systems including Seine, Loire, and Garonne, divide the Massif Central from the Alps and flows into the Mediterranean Sea. Western France’s climate consists of a high amount of rainfall, mild winters, and cool to warm summers. The climate of inland France tends to be more continental with hot, stormy summers, colder winters and less rain. Some natural hazards in France include flooding, avalanches, windstorms, droughts, forest fires, and e... ...e’s most popular theme park is Disneyland Paris, with fifteen million visitors. Disneyland Paris was the second Disney park to open outside of United States, after Tokyo Disney Resort. Another tourist attraction is Europe’s oldest functional canal, Canal du Midi. The canal was built from 1666 through 1681 and is 150 miles long. It has sixty-three locks, 126 bridges, seven canal bridges, and one tunnel. France’s major transportation is rivers. Overall France has twenty-four rivers that add up to 300km in length. In addition to rivers, railway is also major way of transportation in France. There is a total of 40,300 miles of railway, mostly operated by SNCF, the French national railway company. The trains can travel up to 199 miles per hour. France also has 475 airports. The most popular airport is Charles de Gaulle Airport, located in the vicinity of Paris.

Causes of Environment

cause of environmental degradation The primary cause of environmental degradation is  human disturbance. The degree of the environmental impact varies with the cause, the habitat, and the plants and animals that inhabit it. ————————————————- Habitat Fragmentation Habitat fragmentation carries long term environmental impacts, some of which can destroy entire ecosystems. An ecosystem is a distinct unit and includes all the living and non-living elements that reside within it. Plants and animals are obvious members, but it will also include other components on which they rely on such as streams, lakes, and soils.Habitats become fragmented when development breaks up solid stretches of land. Examples include roads which may cut through forests or even trails which wind through prairies. While it may not sound all bad on the surface, there are serious consequences. The largest of these consequences are initially felt by specific plant and animal communities, most of which are specialized for their bioregion or require large areas of land to retain a healthy genetic heritage. Area Sensitive Animals Some wildlife species require large stretches of land in order to meet all of their needs for food, habitat, and other resources.These animals are called  area sensitive. When the environment is fragmented, the large patches of habitat no longer exist. It becomes more difficult for the wildlife to get the resources they to survive, possibly becoming threatened or endangered. The environment suffers without the animals that play their role in the food web. Aggressive Plant Life A more critical result of habitat fragmentation is land disturbance. Many weedy plant species, such as garlic mustard and purple loosestrife, are both opportunistic and invasive. A breach in the habitat gives them an opportunity to take hold.These aggressive plants can take over an envir onment, displacing the native flora. The result is habitat with a single dominant plant which doesn't provide adequate food resources for all the wildlife. Entire ecosystems are threatened with extinction, according to the National Resources Defense Council. Effects of Environmental  Degradation One of the greatest challenges facing humanity is environmental degradation, including deforestation, desertification, pollution, and climate change – an issue of increasing concern for the international community.Environmental degradation increases the vulnerability of the societies it affects and contributes to the scarcity of resources. Climate change will lead to an increase in the intensity and frequency of weather extremes, such as heat waves, floods, droughts and tropical cyclones. The people hardest hit by climate change and environmental degradation are those living in the most vulnerable areas, including coastal communities, small island nations, Sub-Saharan Africa and Asi an delta regions. It is the poorest of the poor, who lack the resources to prepare, adapt and rebuild, that are most affected.Environmental degradation can lead to a scarcity of resources, such as water and farmable. Extreme weather events, such as severe flooding, increase the spread of waterborne diseases, such as malaria and diarrhoea. The effects of the major environmental problems on both health and productivity are: a. Water pollution and water scarcity: As per the estimation of UN, more than two million deaths and billions of illnesses a year are attributable to water pollution. Water scarcity compounds these health problems.Productivity is affected by the costs of providing safe water, by constraints on economic activity caused by water shortages, and by the adverse effects of water pollution and shortages on other environmental resources such as, declining fisheries and acquifer depletion leading to irreversible compaction. b. Air pollution: As per the estimation of UN, urb an air pollution is responsible for 300,000—700,000 deaths annually and creates chronic health problems for many more people. Restrictions on vehicles and industrial activity during critical periods affect productivity, as does the effect of acid rain on forests and water bodies. . Solid and hazardous wastes: Diseases are spread by uncollected garbage and blocked drains; the health risks from hazardous wastes are typically more localized, but often acute. Wastes affect productivity through the pollution of groundwater resources. d. Soil degradation: Depleted soils increase the risks of malnutrition for farmers. Productivity losses on tropical soils are estimated to be in the range of 0. 5-1. 5 per cent of GNP, while secondary productivity losses are due to siltation of reservoirs, transportation channels and other hydrologic investments. e.Deforestation: Death and disease can result from the localized flooding caused by deforestation. Loss of sustainable logging potential and of erosion prevention, watershed stability and carbon sequestration provided by forests are among the productivity impacts of deforestation. f. Loss of biodiversity: The extinction of plant and animal species will potentially affect the development of new drugs; it will reduce ecosystem adaptability and lead to the loss of genetic resources. g. Atmospheric changes: Ozone depletion is responsible for perhaps 300,000 additional cases of skin cancer a year and 1. million cases of cataracts. Global warming may lead to increase in the risk of climatic natural disasters. Productivity impacts may include sea-rise damage to coastal investments, regional changes in agricultural productivity and disruption of the marine food chain. Conclusion:  The impact of environmental disasters can be devastating on the social, economic, and environmental systems of a country or region as well as the global ecosystem. Environmental disasters do not recognise man-made borders, and threaten the legacy le ft to future generations of a clean and supportive environment.Because of the interdependency of earth ecosystems international co-operation is paramount to prevent, and when disaster strikes, respond to relieve quickly and effectively the effects of environmental disasters. Thus, Governments, International organizations and communities must work together – at all levels – to lessen the risks associated with environmental degradation and its contributing factors, such as climate change, and ensure that vulnerable people are prepared to survive and adapt. At the same time, companies, organizations and individuals must also ensure that their work is environmentally friendly and sustainable. Similar essay: Disadvantages of Plants Living on Land

Social Work in the Justice System Essay - 2769 Words

Running head: SOCIAL WORK IN THE JUSTICE SYSTEM 1 The Field of Forensic Social Work It’s Function in the Criminal Justice System and the Populations Who Benefit Jennifer A. Dimaira Seton Hall University Abstract This paper explores the many facets social work provides in collaboration with the criminal justice system escaping widespread notice as well as the roles played in the judicial court systems. This paper takes a look at the point and the many purposes of forensic social work. Covering their role in multidisciplinary mitigation teams and collaboration between social workers and lawyers in criminal defense also the type service social work practitioners provide to inmate populations; the active†¦show more content†¦It’s an issue I see as becoming a problem in the near future because of the field’s functions. The educational opportunity presented in teaching forensic social work is valuable. The functions alone include policy and program development. Mediation, advocacy and arbitration, teaching, training and supervision as well as behavioral science research and analysis just to name a few. We the students are at a loss by a lack of acknowledgement of Forensic S ocial work and it not being an offered course in our curriculum. Brownell and Roberts (2002) operationally define forensic social work as ‘policies, practices and social work roles with juvenile and adult offenders and victims of crimes’ (Brownell P Roberts AR 2002, A century of social work in criminal justice and correctional settings, Journal of Offender rehabilitation, 35 (2) 1-17, pg. 3) As times progressed a growing knowledge and understanding of mental illness and psychiatric problems became more of a deciding factor in the task of determining just and effective dispositions. The criminal justice system is not equipped to provide the proper type of facilitation needed to accommodate. 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