Law Assessment -Solving Case Studies

LAW FOR FMM COURSEWORK

1. Amelia Ant

Amelia is a senior hair-stylist working at 'Short and Curlies Hairdressing' Salon for over 12 years. However, despite the long period of employment she has had several issues within her employment relationship. The claimant reports the incidents of sexual harassment and indirect sex discrimination by her employer who caused the creation of hostile environment. This breach of contract concluded with the constructive dismissal.

According to Section 230 (1) of the Employment Rights Act 1996 an employee is 'an individual who has entered into or works under a contract of employment'. Amelia Ant worked under the document which stated the terms of her work, such as hours of work, salary, duties and responsibilities. These terms are part of employment contract. Therefore, Amelia Ant worked under the contract of employment which makes her an employee.

It is important to state whether the claimant is an employee in particular because an employee has a full right to make a claim against his/ hers employer for the unfair dismissal if the eligibility is presumed. The law for unfair dismissal in Section 95 of the ERA sets out that dismissal occurs when 'the employee terminates the contract, with or without notice, in circumstances where he/ she is entitled to terminate it without notice because of the employer's conduct. This has come to be known as constructive dismissal'. However, there was always a threat that the concept of constructive dismissal becuase it could be used by the employees in order to benefit from resigning their work possession without a fair reason.

The Employment Tribunal must consider whether the employer treated the employee with trust and respect because these are the implied terms of mutual trust and confidence included in the employment contract. However, Amelia Ant did not feel comfortable at her workplace because of the stress that she had to work under. In response to the Equal Treatment Directive 2000...