Quick scenario

[ezee_gee]

Quick scenario

1 Male employee (Murray)
1 Female boss (Avril)

Murray just recently got a new job working in a clothing shop, he is the only male employee. Murray has complained to Avril (the boss) that he is always getting subjected to personal remarks regarding his appearance. Murray said he felt harrased.
On Friday at the end of his shift he told Avril he can’t take anymore and was giving in his resignation WITHOUT notice.
On Monday he went into work to start like he normally would but over the weekend Avril had got a replacement, her sister Sheryl.

Advise Avril

 

[Jayne]

Hi,

Usually they have to give you a written notice. We have had staff done this to us before, so we give them a piece of paper before they leave and tell them they have to put it writing. Some just don't turn in at all with no reason why.

What did Avril say to him about the harassment? He may have a case for harassment even though he has only worked for you a short time. ACAS are your best bet to find how you stand, they are on the web and free. Maybe some legal eagle on this sight may help.

Good Luck

jayne

 

[mumper]

He may have felt he had grounds for constructive dismissal but I'm not too sure whether that entitles him to finish his job without giving proper notice. Why did he return to work on Monday after he said he wasn't going to work any notice? - seems a bit weird to me.

 

[ezee_gee]

hey thanks for your reply people

well this scenario (fiction) was actually given to me from my teacher at uni. Im still kind of struggling to start of advising Avril.

Unfortunatley i cannot give any other information regarding this case as all the info i have has been written.
This scenerio would fall under the module business in context ad business law.

So im hoping there will be some people on this forum who has been in Avril's position so they can give me some advice. this is a very hard subject for me and im stuggling pretty badly on this.

any help appreaciated.

 

[fastfences]

Perhaps if you'd stated at the outset it was an assignment, people may have been more forward in offering assistance. I guess now they just feel cheated!
Also, the circumstances are not patently clear:

On Friday at the end of his shift he told Avril he can’t take anymore and was giving his resignation WITHOUT notice.

Murray was given his resignation or Murray gave his resignation? Your scenario suggests he was either terminated or he resigned. Give us more concise info. and you may get your response.

Cheers, Nigel

 

[ezee_gee]

sorry i meant to say "..and was giving in his resignation"..

Im really sorry i didnt state this was a fictional scenario / assignment at the beginning and i sincerely hope i havent made anyone feel cheated.

all what i have written in the beginning (including the above ammendments) of this thread is all the info i have im afraid.

 

[fastfences]

Hello again,

This is why it's an assignment - because it's quite complex.

Ordinarily, a 'contract' can be verbal or oral. Murray's contract of employment may be in writing (they usually are now because of specific Working Time regualtions that have to be presented to employees). If his contract is written, it would contain the method of both giving notice and circumstances under which he can be terminated. It may not, though, state, that the resignation be in writing.

If Murray was employed only 'verbally' it is easier to present a case for a 'verbal' resignation.

My view is (and many will disagree) that Murray tendered his resignation without notice, and (in the absence of other info) thereby severed his contract with Avril. Avril, of course, had no reason to doubt Murray's decision so went ahead and arranged other staff.

Murray turns up Monday. Send him home. Has he communicated with Avril over the weekend? No evidence of that. He cannot expect that his job would still be available.

But now, does he have a case against Avril for dismissal? Was he so stressed at the time of giving his resignation, due to the allegedharrassment that he did not realise fully what he was doing? I think it is a long bow, but certainly a thought provoker. I would say no case.
I hope you'll get another exciting instalement from some in employment law. Cheers, Nigel

 

[ezee_gee]

hey fastfences ,

just want to say thank you very much for your help and to the rest, it has helped me raise a few arguements and questions throughout my assignment, which has opened my eyes up abit to get it all done. I really do appreaciate the input :wink:


cheers

 

[bwglaw]

Quick scenario

1 Male employee (Murray)
1 Female boss (Avril)

Murray just recently got a new job working in a clothing shop, he is the only male employee. Murray has complained to Avril (the boss) that he is always getting subjected to personal remarks regarding his appearance. Murray said he felt harrased.
On Friday at the end of his shift he told Avril he can’t take anymore and was giving in his resignation WITHOUT notice.
On Monday he went into work to start like he normally would but over the weekend Avril had got a replacement, her sister Sheryl.

Advise Avril

Having studied law and from experience I believe the lecturer is going to be looking for your arguments and the way you tackle problem-solving scenarios as if you were putting your skills/knowledge into practice.

A few points on the information you provided. A male employee can bring a claim for sex discrimination, provided that the 'harassment' sufficiently amounts to sex discrimination. Bear in mind that in law there is no head of claim for 'harassment' - it has to be connected to sex, disability etc. Harassment is also used with other claims to show that the employer failed its duty to act reasonably and the employer is vicariously liable.

It is difficult to say whether the 'harassment' was substantial to justify resigning and claiming constructive dismissal as a result. It also depends on the facts of whether the male employee has made a grievance and whether the employer has acted reasonably by investigating etc. If the employer has failed its duty then constructive dismissal is likely to succeed.

Resigning without notice. Again, depends on the facts. If the incidents of 'harassment' justify resigning and the employee leaves then the contract is terminated. However, it can be argued that the employer has repudiated the contract if the employer failed to act reasonably. The terms of the contract of employment is not always an issue especially in 'harassment' and discrimination claims. Employment Tribunals will always look at the discrimination issue seperate from the contract issue because with discrimination claims the contract is irrelevant.

I am currently representing a client on a sex discrimination claim and because she has no written contract, pay statement etc she thought this would affect her. The contractual status of the employee/worker is irrelevant. It may be relevant in claims for unfair dismissal.

Hope this helps. By the way, E&OE because I have only had a few hours sleep!

 

[kyber]

This may have started out as an assigment question, but I found that response both interesting and possible useful. A "handy" addition to the forum body of knowledge. Of course, in life, every case on its own mertis etc. Thanks for posting.

Stuart