LAW6006: Critically analyze the role and nature of the employment tribunal Is the current structure effective: Employment Law Assignment, AU, UK

Learning Outcomes

1. Critically appraise the nature of the employment relationship and the law relating to the formation, operation, and termination of the employment contract.

2. Contextualise and critically evaluate current developments in employment law.

3. Evaluate arguments and assumptions and make judgments on legal scholarship and research in employment law.

4. Communicate legal arguments in written form using appropriate legal terminology.

Assignment Task

Part A
Critically analyze the role and nature of the employment tribunal. Is the current structure effective given recent issues with legal aid funding and The Enterprise and Regulatory Reform Act 2013?

Part B

Read the scenario and then answer questions (i) and (ii) below Nigel was employed as an Accounts Manager for a local building firm, McNulty and Co (‘McN’). Nigel started work with McN on the 1st January 1989 when he was 25 years old. During his time as an employee for McN, Nigel always received excellent performance reviews and his final salary was £50,000 per annum. As an employee, Nigel had the benefit of a company car and gym membership at an expensive local gym.

Stephanie is McN’s managing director and was Nigel’s line manager. Stephanie and Nigel have, in the past, been a romantic couple. Nigel ended their relationship two years ago when he met his current wife, Liz.

Nigel believes that Stephanie is jealous of his life with Liz as she is wealthy and Nigel and Liz have been able to go on a lot of holidays over the past year. When Nigel and Stephanie were a couple, money was always very tight, and they were unable to go abroad on holiday. Liz and her brother own a ski lodge in Banff (Canada) and Nigel has now learned to ski; something he refused to do with Stephanie.

On 3rd September, Stephanie received an anonymous call alleging that Nigel had been stealing money from the company. Stephanie called Nigel into a meeting the same day and suspended him on full pay whilst she investigated. Nigel reacted badly and shouted at Stephanie. As Nigel left the room, he kicked over a chair. Stephanie was frightened.

On 3rd October, Stephanie dismissed Nigel saying she no longer trusted him. Stephanie said that in light of Nigel’s long service to the firm she would pay him his notice period, but he must leave immediately. Nigel was too surprised to speak and collected his belongings and left.

Nigel desperately wants his job back. He denies having stolen from the company and feels that Stephanie is getting back at him because of their previous romantic relationship and her jealousy over his marriage to Liz and their lifestyle. Nigel does not believe there was an anonymous phone call.

Nigel has been trying to find another job but without a reference from his former employer and having been dismissed for theft, found this impossible.

Nigel is considering setting up his own building as he has a number of contracts, but it is concerned that he is bound by the following clauses in his contract of employment:

“The employee shall not for a period of 4 months following termination of his employment commence employment with a competitor company within a 25-mile radius.”

“The employee shall not solicit, poach or contact in any way any client of the company for a period of 12 months following termination of his employment.”

Nigel has now sought legal advice and has threatened to start a claim for unfair dismissal.

(i) Advise whether Nigel could succeed in a claim for unfair dismissal. Use relevant case law and legislation to support your answer.

(ii) Following your advice Nigel decides to enter into a negotiation with McN for
settlement of the issues.

Write a negotiation plan which sets out how you would negotiate to achieve Nigel’s aims.

A negotiation plan template is included within the materials. You can use this
template or develop your own plan template. Your negation plan should include
reference to relevant case law and legislation.

Guidance

Your assignment should include a title page containing your student number, the module name, the submission deadline, and the exact word count of your submitted document; the appendices if relevant, and a reference list  You should address all the elements of the assignment task listed below. Please note that tutors will use the assessment criteria set out below in assessing your work.

You must not include your name in your submission because Arden University
operates anonymous marking, which means that markers should not be aware of the identity of the student. However, please do not forget to include your STU number.

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