Oxford Standard for the Citation of Legal Authorities (OSCOLA)
Oxford Standard for the Citation of Legal Authorities (OSCOLA).
http://www.competition-law.ox.ac.uk/published/oscola_2006.pdf. Reference should be made to the primary source, except when the primary source can no longer be obtained. Poor citation of sources will result in a loss of marks. Students who are having difficulty citing sources should visit http://referencing.port.ac.uk
SCENARIO
KeepFit&Well Co. Ltd is a prestigious fitness company owning 3 fitness centres in the South of England – one in Southsea, one in Cosham and one in Fareham. As with most fitness centres, it has a high staff turnover rate but there is a core of staff who have worked at the company for some years. A few years ago the company adopted non-contractual grievance and disciplinary and dismissal procedures based on the ACAS model.
For the last two years, Abe has been employed as a receptionist at the company’s fitness centre in Southsea. Bruce, who is Abe’s line manager, has been employed as the head receptionist at the same centre for the last ten years. Over the last few months Cathy, the Manager of the Southsea centre, has become aware that a person (or persons) has been stealing money via membership deals through computer fraud. Cathy has conducted discreet investigations and has concluded that the thief must be Abe and/or Bruce. Cathy decides however that Bruce cannot be the thief as he is a long-standing trusted employee and also a personal friend.
Cathy informs Abe in writing that he is to be summoned to a disciplinary hearing for defrauding the company. Abe is informed that he has the right to bring along a colleague. This hearing is chaired by Cathy and during it Abe vigorously protests his innocence. At the end of the hearing Abe is informed that he is to be dismissed summarily. However, pending his right of appeal he is to be suspended on full pay. Abe exercises his right of appeal and the hearing is again chaired by Cathy. At the end of this hearing Cathy confirms the decision to dismiss Abe summarily, and he subsequently receives a formal letter of dismissal.
After Abe’s dismissal Cathy asks the police to investigate further computer frauds. The police discover that Bruce has all along been the actual thief and that Abe is entirely innocent.
Donald and Esme work together in the Cosham centre. Donald started working for the company on April 7th 2012 and Esme joined one month later. They have both recently been told by their supervisor that the company has, with regret, decided to ‘let them go’. In a spirit of generosity, their dismissal letter gave them more than their four weeks’ contractual notice. Yesterday, Donald received a second dismissal letter bringing forward the end of his post by a fortnight (but still giving him his contractual notice) with the result that he will have worked for the company for 102 weeks by the time he leaves. Esme has been active as a union rep and thinks that was the reason she was selected for dismissal.
Behind the scenes, the Directors of KeepFit&Well Co Ltd have been negotiating a take-over of the Fareham centre by FitnessFreaks, another fitness centre operating in the South, and have reached agreement that FitnessFreaks will undertake to transfer all of KeepFit&Well employees working at the Fareham centre to FitnessFreaks centre at Segensworth. Recent bad publicity about the Southsea centre however has meant that membership at that centre has declined and KeepFit&Well now realise that they will need to make 35 members of the Southsea centre staff redundant.
Realising that an announcement is now essential, The Managing Director of KeepFit&Well Co Ltd brings his entire staff together to tell them all what is happening in the company. He gives those working at the Fareham centre one week’s notice of the takeover and explains that those working at the other two centres will not be affected by the takeover but that 35 out of the 50 working at the Southsea centre will be made redundant in two months time.
Tasks
(i) Advise Abe as to any claim he may reasonably try to bring against the company.
(25 marks)
(ii) Donald and Esme are seeking legal advice following their dismissals. Consider any claims they may have.
(25 marks)
(iii) Advise both employers and employees of any claims or liabilities in relation to the transfer and closure of KeepFit&Well Co Ltd.
(50 marks)
Word Limit – 2000 words
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